POLICY REPORT
DEVELOPMENT AND BUILDING
Date: July 16, 1996
Dept. File No. 94036-PEM
TO: Vancouver City Council
FROM: Director of Land Use and Development
SUBJECT: Rezoning of 3211-3245 Oak Street - Amendments to Draft CD-1
By-law
RECOMMENDATION
THAT prior to enactment of the draft CD-1 By-law for 3211-3245 Oak
Street, approved at Public Hearing on January 19, 1995, Sections 5
and 6 be amended as shown in Appendix B.
GENERAL MANAGER'S COMMENTS
The General Manager of Community Services RECOMMENDS approval of
the foregoing.
COUNCIL POLICY
There is no relevant Council policy pertaining to this report.
PURPOSE AND SUMMARY
This report identifies two errors in the draft CD-1 By-law which was
posted at Public Hearing for the proposed rezoning of 3211-3245 Oak
Street (Attached as Appendix 'A'). To correct these errors, staff
recommend the draft By-law be amended prior to its enactment by Council.
DISCUSSION
At Public Hearing on January 19, 1995, Council approved in principle the
rezoning of 3211-3245 Oak Street from C-1 and RM-3A to CD-1, to permit a
four-storey mixed-use commercial and residential development.
A Development Application (DE 400053) was subsequently submitted which
proposes a reduced floor space ratio and height, as recommended by staff
and required by the draft CD-1 By-law approved by Council. The
application also responds to several design development conditions
pertaining to character, livability and security. However, the
development application does not meet the requirements of Sections 5 and
6 of the draft CD-1 By-law.
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Sections 5 (Setbacks) and 6 (Horizontal Angle of Daylight) were intended
to ensure that redesign, to decrease floor space ratio and height and to
address several design development conditions, would not reduce the
proposed south and west setback dimensions and would not reduce the
livability of proposed dwellings looking into the setback areas,
particularly the south side yard.
Unfortunately, Sections 5 and 6 are worded in such a way as to require
changes which were not intended, recommended, or approved at Public
Hearing. Staff erred by drafting Sections 5 and 6 in a way that
inadvertently prevents approval of some elements of the proposed
development (e.g., bay projections and bay windows not conforming with
Zoning By-law provisions) which were acceptable to staff and the Urban
Design Panel and which were shown in the drawings posted at Public
Hearing.
CONCLUSION
Given the errors in Sections 5 and 6 of the draft CD-1 By-law, the
Director of Land Use and Development recommends these Sections be
amended as shown in Appendix B prior to the enactment of the amending
By-law by City Council.
* * * * *
APPENDIX B
Proposed Amendments
to the Draft CD-1 By-law for
3211-3221 Oak Street Prior to Enactment
THAT Sections 5 and 6 of the draft CD-1 By-law for 3211-3221 Oak
Street be amended as follows:
1. In Section 5 (Setbacks) by removing the text which is
struck out and inserting the text shown in bold italics:
"The minimum setback of a building is 2.1 m from the
south property boundary and 7.6 m from the west property
boundary, except that below-grade development and any
architectural features excluded from floor space ratio
calculation sundecks, trellises, streetwall architectural
elements, bay projections, bay windows other than as
provided for in section 10.7 of the Zoning and Development
By-law, and the residential entrance, including the elevator
and covered walkways and stairs, may be permitted in the
setback areas."
2. In Section 6 by adding subsection 6.4 (same as Section
5.2 of the C-2 District Schedule), as follows, to allow a
relaxation for dwellings with habitable rooms facing an internal
courtyard:
"The Director of Planning may relax the horizontal angle
of daylight requirement of section 6.1, having regard to the
livability of the resulting dwelling units and providing
that a minimum distance of 3.7 m of unobstructed view is
maintained."