SUPPORTS ITEM NO. 2
P&E COMMITTEE AGENDA
APRIL 18, 1996
POLICY REPORT
URBAN STRUCTURE
Date: April 2, 1996
Dept. File No. MG
TO: Standing Committee on Planning and Environment
FROM: The Director of Central Area Planning and the Director of Land
Use and Development, in consultation with the Director of
Cultural Affairs, General Manager of Engineering Services,
Assistant Chief - Fire Prevention, Manager of the Housing
Centre, the Director of Legal Services and the Director of
Permits and Licenses
SUBJECT: Zoning and Guidelines - Artist 'Live/Work' Studios, Cultural
Facilities and Brewery Creek
RECOMMENDATIONS
A. THAT the Director of Land Use and Development be instructed to
make application to amend the Zoning and Development By-law,
the Downtown-Eastside/Oppenheimer Official Development Plan
and the Parking By-law generally in accordance with Appendix
'A', to amend the provisions regarding artist 'live/work'
studios and cultural facilities;
FURTHER THAT the Director of Legal Services be instructed to
prepare the necessary by-laws;
AND FURTHER THAT the application and by-laws be referred to a
Public Hearing, together with design guidelines recommended by
the Director of Land Use and Development attached in Appendix
'B'.
B. THAT, if approved at Public Hearing, the by-law be accompanied
at the time of enactment by:
(i) the 'Artist Studio Guidelines', to be amended by
resolution of Council;
(ii) amendments to the C-1 Residential Guidelines, C-2B, C-2C
and C-2C1 Guidelines, C-2 Residential Guidelines,
Burrard Slopes C-3A Guidelines, Broadway Station Area C-
3A Guidelines, Central Broadway C-3A Urban Design
Guidelines, Main Street C-3A Guidelines, Arbutus
Neighbourhood C-7 and C-8 Guidelines, East False Creek
FC-1 Guidelines and the Burrard Slopes IC Districts
Interim Policies, to be adopted by resolution of
Council;
(iii) IC-3 Brewery Creek Guidelines, Strata Title Conversion
Guideline for Artist Studios in Industrial Districts,
and Downtown District and IC-3 District Policies and
Procedures for Low Cost Rental Artist Studios, to be
adopted by resolution of Council.
GENERAL MANAGER'S COMMENTS
The General Manager of Community Services RECOMMENDS approval of
the foregoing.
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COUNCIL POLICY
In 1987, Council amended the Zoning and Development By-law, the Building
By-law and the Parking By-law to encourage the provision of affordable
and appropriate artist 'live/work' studios. Artist studios are
permitted as a conditional approval use in all industrial zones, in most
commercial zones, historic zones, and some Official Development Plans.
An artist studio is permitted to have an associated integrated dwelling
unit, creating a 'live/work' studio.
Wherever permitted, they are subject to regulations contained in
Sections 11.18 and 11.19 of the Zoning and Development By-law and to the
Council approved "Artist Studio Guidelines".
On March 28, 1995, Council approved policies to:
- encourage the provision of legal, safe, functional and
affordable artist 'live/work' studios;
- encourage on- and off-site amenities; and
- discourage the displacement of industrial and business service
uses in I, IC-1, IC-2 and M districts.
On March 28, 1995, Council also directed staff to apply the new
restrictions for artist 'live/work' studio developments in industrial
areas (i.e. limited to rentals in existing buildings and, in certain
cases, with time-limited permits) to development applications submitted
after the approval of the new policies.
SUMMARY
This report recommends the referral of zoning amendments to public
hearing and the consideration of associated guideline amendments that
will implement Council's decisions on artist 'live/work' studios. These
include: - restrictions on the development of artist 'live/work'
studios in industrial areas; - elimination of
the 30% limit on residential use in 'live/work' studios; - provisions
for density bonuses for secured affordable rental 'live/work' studios; -
increased parking requirements; and - encouragement for more functional
and liveable studios, including improved noise mitigation.
Although it is proposed that artist 'live/work' studios will continue to
be permitted in all zones where they are currently permitted, it is
recommended that they also be permitted in the C-1 District.
Guidelines are also proposed to encourage the recognition of Brewery
Creek in the Mount Pleasant IC-3 District on lands where the watercourse
was once located and to encourage community involvement in development
proposals.
Lastly, a revised parking requirement for rehearsal studios is
recommended to distinguish this cultural use from theatres and halls.
PURPOSE
The purpose of this report is to recommend the referral of zoning and
parking by-law amendments to public hearing and to present to Council
the draft design guidelines. The proposed zoning amendments and
guidelines will implement policies approved by Council on artist
'live/work' studios, cultural facilities and Brewery Creek.
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BACKGROUND
On March 28, 1995 Council approved policies that addressed the following
issues identified through experience with artist 'live/work' studios:
- Where should artist 'live/work' studios be permitted?
- Should restrictions be placed on artist 'live/work' studios in
industrial areas?
- Is the 30% limit on residential floor space in artist
'live/work' studios practical?
- How can affordable rental studios be encouraged for low-income
artists?
- How can studios be safe, functional and livable?
Since 1987, 713 artist 'live/work' studios have been built or are under
construction. Of these, 20% are rentals, 56% are located in the Mount
Pleasant IC-3 district and 14% are in the I, M, IC-1 and IC-2 districts.
DISCUSSION
The recommended artist 'live/work' studio zoning and parking by-law and
guideline amendments will, if approved, achieve the following:
- they limit artist 'live/work' studios in industrial areas
(except IC-3) to rentals in existing buildings and in certain
cases, time-limited permits and to those involving industrial
production processes or the amplification of sound;
- they eliminate the 30% limit on residential use in artist
'live/work' studios;
- they provide density bonuses for secured low cost rental artist
'live/work' studios and non-profit cultural facilities;
- they encourage amenities such as common workshops, ventilation,
extra wide doors, larger elevators, storage space and noise
mitigation; and
- they increase parking requirements.
The by-law and guideline amendments, attached as Appendices 'A' and 'B'
implement the policies approved by Council on March 28, 1995. Artist
'live/work' studios will continue to be permitted in all zones where
they are currently permitted, including most commercial and historic
districts, and most Official Development Plans (including the Downtown
District, the Downtown-Eastside-Oppenheimer District and other
districts).
Many of the attached by-law amendments are required to distinguish
between:
1. Artist Studio - Class B which will involve industrial
processes, on-site film processing (i.e. dark rooms) and the
production of art involving amplified sound (i.e. dancers or
musicians); and
2. Artist Studio - Class A, (i.e. studios which do not involve
industrial processes or amplified sound).
Currently, the zoning by-law permits the full range of artist studio
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activities under one use designation.
As is the case now, Artist Studio Class - A and B will be conditional
approval uses in almost all zones. However, it is proposed that Artist
Studio Class - A (studios not involving industrial processes or
amplified sound) should be an outright approval use in the HA-1 and HA-
1A (Chinatown), HA-2 (Gastown) and HA-3 (Yaletown) districts. Staff
regard Artist Studio - Class A as a use similar to residential which is
currently an outright approval use in HA-1, HA-1A and HA-3. The
Chinatown Historic Area Planning Committee and the Gastown Historic Area
Planning Committee support the designation of Artist Studio - Class A as
an outright approval use.
C-1 Districts
The proposed amendments would also introduce artist 'live/work' studio
as a conditional approval use in the C-1 District at the same density as
permitted for residential use. C-1 zoning typically applies to small
sites located on arterials or collectors adjacent to residential areas.
In the C-1 District, staff recommend that Council consider permitting
Artist Studio - Class B (ie. studios using industrial processes or
involving amplified sound) as well as Artist Studio - Class A.
In consideration of permitting Class B studios in locations commonly
surrounded by low density residential development, Council is advised
that there may be a use compatibility problem created, with adverse
impacts on adjacent single-family homes. However, a review of existing
studios in locations adjacent to residential districts indicates such
problems have not arisen.
The Building By-law will be amended to require a higher level of noise
mitigation for Artist Studio - Class B than that required for
residential uses. Artist Studio - Class B will also permit among other
uses photography and painting. By permitting Artist Studio - Class B,
studios will be built to higher fire and safety standards than those
applying to Artist Studio - Class A. Neighbours of proposed Artist
Studio - Class B development will be notified of development permit
applications. Based on discussions with developers, staff conclude they
will be few in number. At the public hearing, Council can choose to
either include Artist Studio - Class B as a permitted use in C-1 or
delete this use from the draft by-law amendments.
Production or Rehearsal Studio
The Director of Cultural Affairs has requested that the Zoning and
Development and Parking By-laws be amended to expand the current
definition of "Production Studio" to include rehearsal studios. The
proposed definition of this use will permit the rehearsal of 'live'
productions in most historic and industrial districts and C-
3A, C-7, C-8 and FC-1. This amendment to the definition is proposed
because rehearsal studios are the same size and have a similar number of
occupants as production studios. Currently, arts
groups establishing a rehearsal studio must comply with much higher
building code and parking requirements which typically apply to public
productions in theatres and halls. This amendment will facilitate the
provision of lower cost arts rehearsal spaces by applying revised
building code and parking requirements.
Brewery Creek in the IC-3 District (Mount Pleasant)
In response to comments received during the policy review, Council
approved a policy calling for the recognition of Brewery Creek through
open space on the site of the former water course, design elements and,
where feasible, daylighting the creek. Community input on development
proposals is also suggested. The attached guidelines (Appendix 'B')
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will implement this policy.
ENVIRONMENTAL IMPLICATIONS
Artist 'live/work' studios assist in the reduction of vehicle trips by
permitting home and work in the same unit.
CONCLUSION
The recommended by-law and guideline amendments will encourage legal,
safe, affordable and functional artist 'live/work' studios and the
provision of amenities and cultural facilities and discourage the
displacement of business service and industrial uses.
* * * * *
ARTIST 'LIVE/WORK' STUDIOS
ZONING AND DEVELOPMENT BY-LAW AMENDMENTS
SECTION 2
Explanation:
The following amendment will distinguish between artist studios involving industrial
processes or generating noise impacts from those that do not involve such processes or
impacts.
Amendment: (Deleted text is struck out and new text is in italics)
- under Cultural and Recreational Uses:
Current Definition:
"Artist Studio, which means the use of premises with a maximum floor area of 500
m› for the production of paintings, drawings, pottery, sculpture, ceramics,
video, moving or still photography, creative writing, dance or music;"
The proposed definitions:
"Artist Studio - Class A, which means the use of premises for the production of
dance, live music, creative writing, painting, drawings, pottery or sculpture,
video, moving or still photography, none of which involves amplified sound or
one or more of the materials or processes specified under Artist Studio - Class
B;
Artist Studio - Class B, which means the use of premises for the production of
(a) dance or live music involving electronically amplified sound, (b) moving or
still photography (excluding video) involving on-site film processing, (c)
paintings, drawings, pottery or sculpture involving the use of fibreglass, epoxy
and other toxic or hazardous materials or one or more of the following
processes: welding, woodworking, spray painting, silk screening or fired
ceramics;"
Explanation:
The following amendment will broaden the definition of production studios to include
rehearsal studios and thereby clarify which Building By-law and Parking By-law
provisions apply to rehearsal studios.
Amendment: (Italics indicates amendment)
- under Service Uses, amend the definition for "Production Studio" as follows:
"Production or Rehearsal Studio, which means the use of premises for the production
of motion pictures, videos, television or radio programs or sound recordings or for
the rehearsal of dance, music or drama, but does not involve the presence of an
audience and does not include Artist Studio - Class A, Artist Studio - Class B or
Theatre;"SECTIONS 11.18 and 11.19
Explanation:
The following amendments will eliminate the minimum size requirement for the space
devoted to art production. They introduce a regulation prescribing a maximum size for
artist studios that was previously in the Zoning and Development By-law definition of
artist studios. Legal staff advise that this is a regulation and should be in Section
11 rather than being included as part of the definition.
Amendment: (deleted text is struck out and new text is in italics)
11.18.2 Artist Studio - Class A and Class B
"Where an artist studio is combined with a residential unit, the minimum area for
the space solely devoted to art production is 70 percent of the combined floor area
of the artist studio and the residential unit associated with it.The maximum area
for an artist studio - Class A or Class B shall be 500 m›."
Explanation:
These amendments delete the regulation which prescribes the maximum size of the
residential quarters. There is an added provision that allows for relaxing the 2
person limit on the occupancy of studios in specified circumstances. There is also a
regulation added for the minimum and maximum size of artist studios. Lastly, all
references to "artist studio" in the by-law must be amended to reflect the two new
uses of "artist studio - class A and artist studio - class B."
Amendment: (deleted text is struck out and new text is in italics)
11.19 Residential Unit Associated with an Artist Studio - Class A and Class B
11.19.1 The maximum area for the residential unit associated with and forming an
integral part of an artist studio shall be the lesser of 37 m› or 30 percent
of the combined floor space of the artist studio and the residential unit
associated with it.
11.19.21 "No more than 2 persons may occupy the residential unit associated with an
artist studio - class A or class B.
The Director of Planning may relax this occupancy limit for a residential
unit associated with an artist studio - class A in an IC-3, HA or C district,
provided that:
(a) a ventilated workshop space is provided in a room separated from the
residential units;
(b) the Director of Planning considers the submission of any advisory
group, property owner or tenant and all applicable policies and
guidelines adopted by Council."
11.19.2 The total minimum and maximum size of an Artist Studio - Class A or Artist
Studio - Class B when combined with a residential unit associated with and
forming an integral part of an Artist Studio - Class A or Class B shall be 47
m› and 500 m›, respectively."
USE
Explanation:
The following amendments will insert the new Artist Studio - Class A and Class B
designations for this use in District Schedules where Artist Studios are currently
permitted. In the following districts they will be permitted as conditional approval
uses reflecting how they are currently permitted in the Zoning and Development By-law.
Amendments: (New text is in italics)
- Delete "Artist Studio, subject to the provisions of section 11.18 of this By-law."
section 3.2.C of the RT-3, C-2, C-2B, C-2C, C-2C1, C-3A, FC-1, IC-1, IC-2 and IC-3
District Schedules, section 3.2.1.C of the C-5 and C-6, and the C-7 and C-8
District Schedules and replace with:
"Artist Studio - Class A, subject to the provisions of section 11.18 of this By-
Law.
Artist Studio - Class B, subject to the provisions of section 11.18 of this By-
Law."
Explanation:
The following amendments changes the wording for the use "residential unit associated
with...an artist studio" so that this use refers to both "artist studio - class A and
artist studio - Class B." This use will be a conditional approval use in the following
districts.
Amendment: (new text is in italics)
- Amend section 3.2.DW of the RT-3, C-2, C-2B, C-2C, C-2C1, C-3A, FC-1, IC-1, IC-2,
and IC-3 District Schedules, section 3.2.1.DW of the C-5 and C-6, and the C-7 and
C-8 District Schedules as follows:
"Residential Unit associated with and forming an integral part of an Artist
Studio - Class A or Artist Studio - Class B, subject to the provisions of
section 11.19 of this By-law."
Explanation:
The following amendments introduce the restrictions on the development of artist
studios in all industrial areas (except IC-3) to studios which are rentals in existing
buildings involving industrial processes or having noise impacts (i.e. Artist Studio -
Class B).
Amendments (New text is in italics)
- Delete "Artist Studio, subject to the provisions of section 11.18 of this By-law."
from section 3.2.C of the MC-1, M-1, M-1A, M-1B, M-2 and I-1 District Schedules and
replace with the following:
"Artist Studio - Class B, subject to the provisions of section 11.18 of this By-
law, and provided that the change of use applies to floor space existing as of
date of enactment and additions are limited to a maximum of 10 percent of the
existing floor space."
- Amend section 3.2.DW of the MC-1, M-1, M-1A, M-1B, M-2 and I-1 District Schedules
as follows:
"Residential Unit associated with and forming an integral part of an Artist
Studio - Class A or Artist Studio - Class B, subject to the provisions of
section 11.19 of this By-law."
Explanation:
The following amendments designate Artist Studio - Class A as an outright approval use
and Artist Studio - Class B as a conditional use in the HA-1 and HA-1A Districts
(Chinatown), HA-2 (Gastown) and the HA-3 District (Yaletown).
Amendments: (New text is in italics)
- Amend section 2.2.1.C of the HA-1 and the HA-1A Districts Schedule by deleting:
"Artist Studio . . . . of this By-law."
- Amend section 2.2.1.DW of the HA-1 and HA-1A Districts Schedule by deleting:
"Residential Unit . . . . By-law."
- Amend section 3.2.C of the HA-2 and HA-3 District Schedules by deleting:
"Artist Studio . . . of this By-law."
- Amend section 3.2.DW of the HA-2 and HA-3 District Schedules by deleting:
"Residential Unit...By-law."
- Amend section 2.2.1.C of the HA-1 and HA-1A Districts Schedule by inserting before
the use term "Club" the following:
"Artist Studio - Class A, subject to the provision of section 11.18 of this By-
law.
- Amend section 3.2.C of the HA-1 and HA-1A Districts Schedule by inserting before
the use term "Billiard Hall" the following:
"Artist Studio - Class B, subject to the provisions of section 11.18 of this By-
law."
- Amend section 2.2.1.DW of the HA-1 and HA-1A Districts Schedule by inserting after
the use term "Dwelling Uses":
"Residential Unit associated with and forming an integral part of an Artist
Studio - Class A, subject to the provisions of section 11.19 of this By-law."
- Amend the HA-1 and HA-1A Districts Schedule by inserting before section 3.2.I the
following:
"3.2.DW [Dwelling]
Residential Unit associated with and forming an integral part of an Artist
Studio - Class B, subject to the provisions of section 11.19 of this By-law."
- Amend section 2.2 of the HA-2 District Schedule by inserting before section 2.2.R,
the following:
"2.2.C [Cultural and Recreational]
Artist Studio - Class A, subject to the provisions of section 11.18 of this By-
law."
- Amend section 2.2 of the HA-2 District Schedule by inserting after the new section
2.2.C, the following:
"2.2.DW [Dwelling]
Residential Unit associated with and forming an integral part of an Artist
Studio - Class A, subject to the provisions of section 11.19 of this By-law."
- Amend section 3.2.C of the HA-2 District Schedule by inserting before the use term
"Hall" the following:
"Artist Studio - Class B, subject to the provisions of section 11.18 of this By-
law."
- Amend section 3.2.DW of the HA-2 District Schedule by inserting after the use term
"Dwelling Uses" the following:
"Residential Unit associated with and forming an integral part of an Artist
Studio - Class B, subject to the provisions of section 11.19 of this By-law."
- Amend section 2.2.C of the HA-3 District Schedule by inserting before the use term
"Billiard Hall" the following:
"Artist Studio - Class A, subject to the provision of section 11.18 of this By-
law.
- Amend section 3.2.C of the HA-3 District Schedule by inserting before the use term
"Park or Playground" the following:
"Artist Studio - Class B, subject to the provisions of section 11.18 of this By-
law."
- Amend section 2.2.DW of the HA-3 District Schedule by inserting after the use term
"Dwelling Uses" the following:
"Residential Unit associated with and forming an integral part of an Artist
Studio - Class A, subject to the provisions of section 11.19 of this By-law,
provided that no portion of the first storey of a building shall be used for
residential purposes except for entrances to the residential portion or
accessory uses to the residential portion including storage, locker and laundry
areas, and communal recreation facilities."
- Amend section 3.2.DW of the HA-3 District Schedule by inserting the following:
"Residential Unit associated with and forming an integral part of an Artist
Studio - Class B, subject to the provisions of section 11.19 of this By-law."
Explanation:
The following amendment introduces Artist Studio - Class A and Class B and the
associated residential unit as conditional approval uses in the C-1 District Schedule.
Amendments: (New text is in italics)
- Amend the C-1 District Schedule by:
- inserting in section 3.2.C, the following new use terms before the use term
"Billiard Hall":
"Artist Studio - Class A, subject to the provisions of section 11.18 of this
By-law.
Artist Studio - Class B, subject to the provisions of section 11.18 of this
By-law."
- inserting in section 3.2.DW the following new use term immediately following the
use term "Multiple Conversion Dwelling":
"Residential Unit associated with and forming an integral part of an Artist
Studio - Class A or Artist Studio - Class B, subject to the provisions of
section 11.19 of this By-law."
Explanation:
The following amendments introduces rehearsal studio as a permitted use in all
District Schedules where production studios are currently permitted. This use is also
introduced into the C-7 and C-8 Districts Schedule as a conditional approval use
because staff concluded that it was an appropriate use for those portions of the
Arbutus Lands which are designated for mixed uses through the C-7 and C-8 zoning.
Amendment: (New text is in italics)
- Replace the use term "Production Studio" with "Production or Rehearsal Studio" in
section 3.2.S of the C-3A, FC-1, HA-2, MC-1, and M-1A District Schedules and
section 2.2.S of the M-1, M-1B, M-2, IC-1, IC-2, IC-3, I-1, and HA-3 District
Schedules and section 2.2.1.S of the HA-1 and HA-1A Districts Schedule.
- Insert the new use term "Production or Rehearsal Studio" after the use term
"Neighbourhood Public House" in section 3.2.1.S of the C-7 and C-8 District
Schedules.
FSR
Explanation:
The following amendment clarifies that artist studios and the associated residential
units have the same maximum permitted density as other residential uses in the C-1,C-
2, C-2B, C-2C, C-2C1 and MC-1 District Schedules.
Amendment: (New text is in italics)
- Amend section 4.7.1 of the C-1 District Schedule as follows:
"4.7.1 The floor space ratio shall not exceed 1.20, except that the floor space
ratio for dwelling uses including artist studio - class A or class B,
shall not exceed 0.75."
- Amend section 4.7.1 of the C-2 District Schedule as follows:
"4.7.1 The floor space ratio shall not exceed 3.00, except that the floor space
ratio for dwelling uses including artist studio - class A or class B,
shall not exceed 2.50."
- Amend section 4.7.1 of the C-2B District Schedule as follows:
"4.7.1 The floor space ratio shall not exceed 1.50 in the case of a site used for
purely residential uses, and in all other cases 2.50 to be distributed as
follows and for the purposes of the computation of floor space ratio, an
artist studio - class A or class B and the associated residential unit
shall be considered a residential use:"
- Amend section 4.7.1 of the C-2C and C-2C1 District Schedules as follows:
"4.7.1 The floor space ratio shall not exceed 1.20 in the case of office uses,
1.50 in the case of a site used for purely residential uses, including
artist studio - class A or class B, and 3.00 in all other cases."
- Amend section 4.7.1 of the MC-1 District Schedule as follows:
"4.7.1 The floor space ratio shall not exceed 2.50, subject to the following and
for the purposes of the computation of floor space ratio, an artist studio
- class A or class B and the associated residential unit shall be
considered a residential use:"
- Amend section 4.7.1(a) of the HA-3 District Schedule as follows:
"4.7.1 (a) The maximum floor space ratio for dwelling use, including artist studio
- class A or class B, shall be 3.0"
Explanation:
The following amendment reduces the permitted FSR for artist studios in the IC-3
District (Brewery Creek) from 3.0 to 2.5.
Amendment: (New text is in italics)
"4.7.1 The floor space ratio shall not exceed 3.00, subject to the following:
(a) the maximum floor space ratio shall be 1.00 for all uses other than artist
studio - class A, artist studio - class B, manufacturing uses, retail
store, school, theatre, transportation and storage uses, and wholesaling -
class A;
(b) the maximum floor space ratio shall be 2.5 for artist studio - class A and
class B and the associated residential unit;
(c) the floor area in retail uses, including accessory retail, shall not
exceed 1 000 m›."
FSR EXCLUSIONS AND RELAXATIONS OF REGULATIONS
Explanation:
The following amendments will ensure that the same FSR exclusions and relaxations of
regulations currently permitted for residential uses are also applicable to artist
studios and the associated residential units.
Amendments: (deleted text is struck out and new text is in italics):
- Amend the RT-3 District Schedule as follows:
"4.7.3 The following shall be excluded in the computation of floor space ratio:
(a) open residential balconies or sundecks, and any other appurtenances
which, in the opinion of the Director of Planning, are similar to the
foregoing, provided that the total area of all exclusions does not
exceed eight percent of the permitted residential floor area;
(b) patios and roof gardens, provided that the Director of Planning first
approves the design of sunroofs and walls;
(c) where floors are used for off-street parking and loading, bicycle
storage in multiple conversion dwellings containing 3 or more units or
in multiple dwellings, artist studio - class A, artist studio - class
B, residential units associated with and forming an integral part of an
artist studio - class A or class B or uses which in the opinion of the
Director of Planning are similar to the foregoing, those floors or
portions thereof so used, which:
(i) are at or below the base surface, provided that the maximum
exclusion for a parking space shall not exceed 7.3 m in length; or
(ii) are above the base surface and where developed as off-street parking
are located in an accessory building situated in the rear yard,
provided that the maximum exclusion for a parking space shall not
exceed 7.3 m in length."
- Amend section 5.4 of the C-2B District Schedule as follows:
"5.4 The Development Permit Board or the Director of Planning, as the case may be,
may relax any of the regulations of this Schedule for the following
developments:
(a) dwelling units in conjunction with any of the uses listed in this
Schedule and residential units associated with and forming an integral
part of an artist studio - class A or class B, except that the 10.7 m
non-residential setback shall not be relaxed;
(b) office uses,
provided that in determining the amount of any relaxation that may be
permitted, the Development Permit Board or the Director of Planning, as
the case may be, shall consider, where applicable, the amount and quality
in the provision of:
(i) landscaping;
(ii) usable resident open space provided by balconies, decks, roof
gardens and courtyards;
(iii) individual dwelling units and residential units associated
with and forming an integral part of an artist studio - class
A or class B; and
(iv) light and air available to individual dwelling units and
residential units associated with and forming an integral part
of an artist studio - class A or class B."
- Amend section 4.7.3 of the M-1, M-1A, M-1B, and M-2 District Schedules as follows:
"4.7.3 The following shall be excluded in the computation of floor space ratio:
(a) open residential balconies or sundecks, and any other appurtenances
which, in the opinion of the Director of Planning, are similar to the
foregoing, provided that the total area of all exclusions does not
exceed eight percent of the residential floor area being provided;
(b) where floors are used for off-street parking and loading, bicycle
storage, heating and mechanical equipment, or uses which in the opinion
of the Director of Planning are similar to the foregoing, those floors
or portions thereof so used which:
(i) are at or below the base surface, provided that the maximum
exclusion for a parking space shall not exceed 7.3 m in length; or
(ii) are above the base surface and where developed as off-street parking
are located in an accessory building situated in the rear yard,
provided that the maximum exclusion for a parking space shall not
exceed 7.3 m in length.
(c) amenity areas for the social and recreational enjoyment of residents
and employees, or providing a service to the public, including
facilities for general fitness, general recreation and child day care
provided that:
(i) the total area being excluded shall not exceed the lesser of 20
percent of the permitted floor space or 100 m›; and
(ii) in the case of a child day care centre, the Director of Planning, on
the advice of the Director of Social Planning, is satisfied that
there is a need for a day care facility in the building or in the
immediate neighbourhood;
.
(d) storage space associated with an artist studio - class B where the
space is provided below the base surface and subject to a maximum
exclusion of 20 m› for each artist studio - class B."
- Amend the IC-1 and IC-2, and IC-3 District Schedules as follows:
"4.7.3 The following shall be excluded in the computation of floor space ratio:
(a) not applicable open residential balconies or sundecks and any other
appurtenances which, in the opinion of the Director of Planning, are
similar to the foregoing, provided that the total area of all
exclusions does not exceed eight percent of the residential floor
area being provided;
(b) not applicable patios and roof gardens, for residential purposes
only, provided that the Director of Planning first approves the
design of sunroofs and walls;
(c) where floors are used for off-street parking and loading, bicycle
storage, heating and mechanical equipment, or uses which in the
opinion of the Director of Planning are similar to the foregoing,
those floors or portions thereof so used, which are at or below the
base surface, provided that the off-street parking spaces do not
have a length of more than 7.3 m for the purpose of exclusion from
floor space ratio computation;
(d) storage space associated with an artist studio - class A or artist
studio - class B where the space is provided below the base surface
and subject to a maximum exclusion of 20 m› for each artist studio -
class A or class B; and
(e) amenity areas, including child day care facilities, recreation
facilities and meeting rooms accessory to a residential use, to a
maximum total area of 10 percent of the total building floor area."
- Amend the I-1 District Schedule as follows:
4.7.3 The following shall be excluded in the computation of floor space ratio:
(a) not applicable open residential balconies or sundecks and any other
appurtenances which, in the opinion of the Director of Planning, are
similar to the foregoing, provided that the total area of all
exclusions does not exceed eight percent of the residential floor
area being provided;
(b) not applicable patios and roof gardens, for residential purposes
only, provided that the Director of Planning first approves the
design of sunroofs and walls;
(c) where floors are used for off-street parking and loading, bicycle
storage, heating and mechanical equipment, or uses which in the
opinion of the Director of Planning are similar to the foregoing,
those floors or portions thereof so used, which are at or below the
base surface, provided that the off-street parking spaces do not
have a length of more than 7.3 m for the purpose of exclusion from
floorspace ratio computation:
(i) are at or below the base surface, provided that the maximum
exclusion for a parking space shall not exceed 7.3 m in
length; or
(ii) are above the base surface and where developed as off-street
parking are located in an accessory building situated in the
rear yard, provided that the maximum exclusion for a parking
space shall not exceed 7.3 m in length.
(d) storage space associated with an artist studio - class B where the
space is provided below the base surface and subject to a maximum
exclusion of 20 m› for each artist studio - class B; and
(e) amenity areas, including child day care facilities, recreation
facilities and meeting rooms accessory to a residential use, to a
maximum total area of 10 percent of the total building floor area."
OTHER IC-3 DISTRICT AMENDMENTS
Explanation:
The following amendments introduce the double counting of FSR where ceiling heights
exceed 3.7 m (12 ft.).
Amendment: (new text is in italics)
"4.7.2 The following shall be included in the computation of floor space ratio:
(a) all floors of all buildings, both above and below ground level, to be
measured to the extreme outer limits of the building;
(b) in the case of dwelling uses, Artist Studios - Class A and Artist
Studio - Class B, where the distance from a floor to the floor above or
where there is no floor above to the top of the roof rafters or deck
exceeds 3.7 m, an additional amount equal to the area of the floor area
below the excess height except the additional amount shall not be
counted in the case of undeveloped floor areas beneath roof elements
which the Director of Planning considers to be for decorative purposes
and to which there is no means of access other than a hatch,
residential lobbies and mechanical penthouses."
Explanation:
The following amendment allows for the relaxation of FSR (i.e. density bonusing) in
the IC-3 District in cases where a cultural facility is provided.
Amendment: (new text is in italics)
- Insert the following new subsection 4.7.5:
"4.7.5 Where a need for a cultural facility has been demonstrated to the
satisfaction of the Development Permit Board or Director of Planning, the
Development Permit Board or Director of Planning may increase the maximum
floor space ratio for any one building, which includes one or more of such
facilities. The Development Permit Board or the Director of Planning will
require that any such facility be preserved in the public domain by way of
a registered agreement and operated by the City or its delegates.
In determining the increase in floor area that may be permitted, the
Development Permit Board or Director of Planning shall consider:
(a) the construction cost of the facility:
(b) any costs to the developer of continuing maintenance required for the
facility;
(c) the rental value of the increased floor area;
(d) the value of any authorized relaxation of other restrictions;
(e) the opinion of City Council; and
(f) all applicable policies and guidelines adopted by Council;"
Explanation:
The following amendment provides for the relaxation of FSR (i.e. density bonusing) in
the IC-3 District for the provision of low cost rental studios.
Amendment: (new text is in italics)
- Insert the following new subsection 4.7.6:
"4.7.6 The Director of Planning or the Development Permit Board may, for any
development where a residential unit is being provided in conjunction with
and forming an integral part of an artist studio - Class A or artist
studio - Class B, permit an increase in floor space ratio, subject to
prior approval by City Council, and the securing of a Housing Agreement
and provided that the residential unit is occupied by persons receiving
income equal to or less than the income defined by the British Columbia
Housing Management Corporation as 'core need'.
In determining the amount of the increase in floor space ratio that may be
permitted by this section 4.7.6, the Director of Planning or the Development
Permit Board, with advice from the Manager of the Housing Centre and the
Manager of Real Estate, shall consider:
(a) the cost to the developer of adhering to the conditions of the housing
agreement;
(b) the value of the increased floor area;
(c) the value of any relaxation of other regulations;
(d) the impact upon livability and environmental quality of the
neighbourhood; and
(e) all applicable policies and guidelines adopted by Council."
DOWNTOWN-EASTSIDE OPPENHEIMER DISTRICT
Currently, the Official Development Plan for the Downtown-Eastside Oppenheimer
District permits artist studios and the associated residential unit in all sub-areas.
All the amendments below introduce the same provisions as proposed for the Zoning and
Development By-law to implement Council policy.
Explanation:
The first set of amendments will eliminate the minimum size requirement for the space
devoted to art production. It introduces a regulation prescribing a maximum size for
artist studios that was previously in the definition of artist studios in the Zoning
and Development By-law. Legal staff advise that this is a regulation and should be in
this section rather than being included as part of the definition.
Amendments: (deleted text is struck out and new text is in italics)
"3.3 (a) Artist Studio - Class A and Class B
(ii) "Where an artist studio is combined with a residential unit, the
minimum area for the space solely devoted to art production is 70
percent of the combined floor area of the artist studio and the
residential unit associated with it.The maximum area for an artist
studio - Class A or Class B shall be 500 m›."
Explanation:
The regulations prescribing the maximum size of the residential quarters is deleted.
Similar to that proposed for the Zoning and Development By-law, there is also a
provision for relaxing the 2 person limit on the occupancy of studios in specified
circumstances and the designation of a minimum and maximum size for artist studios and
studios combined with a residential unit. Lastly, all references to artist studio in
the this Official Development Plan must be amended to reflect the two new uses -
artist studio - class A and artist studio - class B.
Amendment: (deleted text is struck out and new text is in italics)
"3.3 (b) Residential Unit Associated with an Artist Studio - Class A and Class B
(i) The maximum area for the residential unit associated with and forming an
integral part of an artist studio shall be the lesser of 37 m› or 30
percent of the combined floor space of the artist studio and the
residential unit associated with it.
(ii)(i) No more than 2 persons may occupy the residential unit associated
with an artist studio - class A or class B.
The Director of Planning may relax this occupancy limit for the
residential unit associated with artist studio - class A provided that:
(A) a ventilated workshop space is provided in a room separated from the
residential units;
(B) the Director of Planning considers the submission of any advisory
group, property owner or tenant and all applicable policies and
guidelines adopted by Council.
(ii) The total minimum and maximum size of an Artist Studio - Class A or
Artist Studio - Class B when combined with a residential unit
associated with and forming an integral part of an Artist Studio -
Class A or Class B shall be 47 m› and 500 m›, respectively."
Explanation:
These amendments revise the permitted use sections of the four sub-areas in the
Downtown-Eastside Oppenheimer District where artist studios are currently permitted so
that reference is made to Artist Studio - Class A and Class B.
Amendments: (New text is in italics)
- Amend section 4.2(c) by deleting "artist studio", and replacing with "artist studio
- class A and artist studio - class B".
- Amend sections 5.2(c) and 7.2(e) by deleting "Artist studio", and replacing with
"Artist studio - class A and Artist studio - class B".
- Amend section 6.2(c) by deleting "artists studio" and replacing with "artist studio
- class A and artist studio - class B."
PARKING BY-LAW AMENDMENTS
Explanation:
The following amendments revise the Parking By-law to insert the higher parking space
requirement approved by Council and change all Parking By-law references to Artist
Studio so that they indicate Artist Studio - Class A and Artist Studio - Class B.
Amendments: (New text is in italics)
- Amend section 4.2.4.10 by deleting "Artist Studio" in Column 1 and "A minimum of
one space for every studio" in Column 2 and replacing with"
"Artist Studio - Class A; Artist Studio - Class B" in column 1 and
"A minimum of one space for every studio of 75 square metres or less of gross
floor area, 1.3 spaces for every studio over 75 square metres of gross floor area
and one additional space per 12 studios on sites with 12 or more studios" in
column 2.
- Amend section 5.2.3 by deleting "Artist Studio" from Column 1 and replacing with
"Artist Studio - Class A; Artist Studio - Class B;"
- Amend section 6.2.1.3 by deleting "Artist Studio" and replacing with "Artist Studio
- Class A and Class B"
- Amend section 6.2.3.5 by deleting "Artist Studio" and replacing with "Artist Studio
- Class A and Class B"
Explanation:
This set of amendments changes the parking and loading requirements in the Parking By-
law for Production Studio so that they also refer to Rehearsal Studio.
- Amend section 4.2.5.7 by deleting "Production Studio" from Column 1 and replacing
with "Production or Rehearsal Studio"
- Amend section 5.2.4 by deleting "Production Studio;" from Column 1 and replacing
with "Production or Rehearsal Studio;"
gor/008-4555Other Guideline Amendments
1. Amend the Application and Intent sections of the C-1 Residential Guidelines, C-2B,
C-2C and C-2C1 Guidelines, C-2 Residential Guidelines, Broadway Station Area C-3A
Guidelines, Main Street C-3A Guidelines, and the East False Creek FC-1 Guidelines
by inserting the following as the last paragraph:
"Wherever reference is made in these guidelines to residential uses, the
provision also applies to Artist Studio - Class A, Artist Studio - Class B and
the associated residential unit."
2. Amend the Application and Intent sections of the Burrard Slopes C-3A Guidelines,
Arbutus Neighbourhood C-7 and C-8 Guidelines, and Burrard Slopes IC Districts
Interim Policies by inserting the following as the last paragraph:
"Wherever reference is made in these guidelines to residential uses (with the
exception of the Compatibility Matrix), the provision also applies to Artist
Studio - Class A, Artist Studio - Class B and the associated residential unit."
3. Amend the Explanatory Note of the Central Broadway C-3A Urban Design Guidelines by
inserting the following as the last paragraph:
"Wherever reference is made in these guidelines to residential uses, the
provision also applies to Artist Studio - Class A, Artist Studio - Class B and
the associated residential unit."
4. Amend the Residential Compatibility Matrices in the Burrard Slopes C-3A Guidelines,
Arbutus Neighbourhood C-7 and C-8 Guidelines, and Burrard Slopes IC Districts
Interim Policies as follows: delete Artist Studio and insert Artist Studio - Class
A as a "Compatible" use and Artist Studio - Class B as an "Incompatible " use.
5. Amend the Residential Compatibility Matrix of the Arbutus Neighbourhood C-7 and C-8
Guidelines as follows: add "Production or Rehearsal Studio" as an "incompatible"
use.