P2 POLICY REPORT DEVELOPMENT AND PLANNING Date: October 22, 1996 Dept. File No. FAS TO: Vancouver City Council FROM: Director of Land Use and Development SUBJECT: Proposed Rezoning of 4477-4679 Puget Drive RECOMMENDATION A. THAT the Director of Land Use and Development convene a meeting to discuss the development potential under current RS-1 zoning regulations, with particular regard to the front and rear yard regulations and the implications of development on the existing streetscape character and resident views; FURTHER THAT the registered property owners of 4477-4679 Puget Drive and those immediately across the lane to the southwest be invited to this meeting; FURTHER THAT the Director of Land Use and Development be instructed to make application to rezone 4477-4679 Puget Drive from RS-1 to an amended RS-1 requiring a greater front yard and lesser rear yard, if there appears to be support for such a rezoning on the basis of the above-noted meeting; AND FURTHER THAT this application (if made) be referred to Public Hearing and the Director of Legal Services be instructed to prepare the necessary by-law, including Subdivision, Sign and Parking By-law consequential amendments. As an alternative to the foregoing, the following is submitted for CONSIDERATION: B. THAT the Director of Planning be instructed to continue to approve, without intervention, development applications in RS-1 areas which comply with provisions of the RS-1 District Schedule. - 2 - GENERAL MANAGER'S COMMENTS The General Manager of Community Services shares the dilemmas presented by the Director of Land Use and Development. RS-1 zoning regulations pertaining to siting of development allow (if not encourage) new development that is extremely disruptive of the established streetscape character in these blocks and has significant view impacts on residents in existing, adjoining homes. However, an amended zoning, even with outright siting regulations, will further add to the complexity of the City s regulatory system. Amended siting regulations for these lands may also result in some increased view loss for residents on adjacent upland properties. Furthermore, the current circumstances on these few blocks of Puget Drive might exist to a similar (but perhaps lesser) degree on many other blocks in this vicinity and elsewhere in the city; others may request similar remedial zoning consideration and question the priority attached to these few blocks of Puget Drive. Nonetheless, I agree with the Director of Land Use and Development that the current RS-1 siting regulations are particularly unresponsive to the circumstances on these blocks of Puget Drive. Experience gained in addressing this small area could be very helpful should the City wish to consider similar anachronistic RS-1 zoning situations. On this basis, the General Manager of Community Services RECOMMENDS approval of A, but submits B as an alternative for CONSIDERATION. COUNCIL POLICY There is Council policy from both 1982 and 1985 when the issue of view protection in single-family areas was first considered and later re-visited. The prevailing policy, from 1985, is to allow development that complies with zoning regulations, without any intervention by Planning staff, irrespective of the impacts of this development on views from surrounding homes. PURPOSE This report outlines the physical, social and economic disruption posed by redevelopment on an incremental basis under outright approval of RS-1 regulations for siting of new dwellings on properties along a specific portion of Puget Drive. BACKGROUND This report is not focused solely on view protection in RS-1 view sensitive areas. To the extent it does, the focus is on siting of new development, not height, as was the issue in the early 1980s. View blockage as a result of new single-family development under then existing RS-1 zoning was a significant issue raised by Council in 1981. It was, however, only one of a number of issues in RS-1 areas, including Vancouver Specials , secondary suites, subdivision of existing lots, narrow lots and thin houses, parking access from fronting streets, etcetera. A number of these issues have been - or still are - the subject of staff and Council attention in the years since. Many have been largely addressed (e.g., RS-1 categories in the Subdivision By-law, Parking By-law amendments re: lane access to off-street parking, RS-1S zoning for secondary suites). Some are still being addressed, such as the series of RS-1 building envelopes, FSR and siting revisions in the late 1980s, and neighbourhood specific single-family zoning reviews. One issue that has not been further considered by Council in an explicit manner is private property view blockage through single-family redevelopment in view-sensitive areas. Amendments to RS-1/RS-1S regulations in the late 1980s and early 1990s did reduce the height and above-grade size of new dwellings. They also revised the siting regulations by: amending the front and rear yard requirements, resulting in deeper rear yards and garages at the rear of the property; instituting a building depth regulation; and making provision for front yard averaging but not at the expense of the rear yard and rear yard compatibility with adjacent dwellings. The provision of a rear yard and rear yard compatibility being more important than front yard compatibility was re-visited by Council in 1988 and confirmed. DISCUSSION Revisions to RS-1/RS-1S height regulations have addressed, somewhat, the view impact issue of new single-family development in view-sensitive areas. However, the siting of the building also significantly affects views. The present building envelope provisions that determine the siting of new RS-1/RS-1S dwellings dictate that front and rear yard requirements are as follows: a front yard equal to 20 percent and a rear yard equal to 45 percent of the site depth are required, with building depth limited to 35 percent of the site depth; front yard averaging is required if the 20 percent requirement would site a dwelling more than 5 feet forward from the average of the dwellings on each side; front yard averaging may require that a building be sited further back on its site but the rear yard may be reduced to allow this only if it does not locate the new dwelling further back to provide a rear yard less than the rear yard provided on either of the adjoining properties; and if locating the new dwelling further back on the site results in a permitted building depth of less than 35 percent of the site depth, then the building is permitted to extend further forward, irrespective of front yard averaging, to provide the 35 percent site depth for building. The foregoing ensures that rear yard compatibility is not sacrificed at the expense of front yard compatibility (or the 35 percent site depth for building), as confirmed by Council in 1988. The provision of usable rear yards and concerns about new dwellings intruding on the privacy of the rear yards of its neighbours, are adequately addressed by the foregoing, albeit at the expense of front yard compatibility and streetscape character. This may be an appropriate trade-off in most circumstances but is problematic in its impacts when the resultant front yard incompatibility results in significant view impacts for neighbouring development and a substantial disruption of the established streetscape character. In July I was asked by a Councillor to respond to a resident complaint about a development permit issued for 4667 Puget Drive. The combined development and building permit issued, on an outright basis (i.e., complying with the above noted siting requirements) permitted a new dwelling to be constructed in a location approximately 25 ft. forward of the house on the northeasterly side and 15 ft. forward of the house on the southeasterly side. In spite of Council s prevailing 1985 policy that the Director of Planning approve, without intervention, outright RS-1 development applications, I met with this permit holder, his architect, and the owners on either side of the site. Subsequently, the permit holder voluntarily agreed to site the new dwelling 11 ft. further back on the property, even though either of the neighbouring properties could be redeveloped on an outright approval basis with new dwellings located approximately 14 ft. further forward than is his new dwelling. I encouraged this relocation by agreeing to relax the required rear yard, noting that the owners of adjacent properties were prepared to fully sacrifice rear yard compatibility if the front yard were more compatible. Although the new dwelling at 4667 Puget Drive has been sited in a more compatible fashion than required by the RS-1 zoning, neither adjacent property owner is happy with the resolution. The new dwelling is still 14 ft. further forward than the house on the northeasterly side and 4 ft. forward of the house on the southeasterly side, reducing the view from the southeasterly adjacent home and, for it and the northwesterly home, creating a less than compatible relationship (see letters, Appendix A). This recent situation could occur elsewhere where the historic pattern of homes sited to take advantage of the view in a neighbourly manner have done so in a consistent fashion that would not be reinforced through outright redevelopment under existing RS-1 zoning. Staff undertook a review of development on other Puget Drive properties in this area to see if there was a consistent pattern of building siting that is significantly inconsistent with what current zoning would allow. The properties on the southwest side of Puget Drive from 4477 to 4679 all have dwellings located much further back (uphill) than would current RS-1 regulations. Interestingly, two new dwellings have been constructed under permits where the applicants voluntarily sought and obtained rear yard variances via the Board of Variance in order to site the new dwellings further back to respect the streetscape character and equitably share the view with older adjacent homes on either side. Zoning Alternatives Consideration of alternatives to current RS-1 regulations for view- sensitive properties is relatively straight forward if the historic pattern of development remains intact. Once disrupted by redevelopment under current zoning regulations, equity issues become more complex in considering alternate zoning: new zoning that would change rear yard requirements and compatibility in order to achieve front yard setbacks consistent with the historical siting of dwellings will make the new dwelling at 4667 Puget Drive non-conforming. More importantly, it would preclude each of its neighbouring properties from siting redevelopment to re-capture the view, privacy and compatibility lost when 4667 Puget was redeveloped; new zoning that would allow properties to redevelop consistent with the siting of the new dwelling at 4667 Puget Drive will result in incompatibility with the dwellings on either side, and in so doing most likely irritate these neighbours; and leaving the zoning as is will likely result in future discontent not unlike that related to 4667 Puget Drive. In addition, any owner/developer agreeing to a greater front yard than required in order to improve neighbourliness might well face incompatible development on a neighbouring site in future that redevelops according to outright regulations. Given these difficult issues, it is recommended that property owners of 4477-4679 Puget Drive be invited to a meeting to discuss zoning alternatives before doing any further technical analysis. Since an alternate zoning requiring a greater front yard and lesser rear yard will entail siting of new dwellings further back on these properties and therefore uphill, this siting may have more impact on the views of property owners to the southwest, across the lane to the rear. These owners should also be invited to the meeting. Any discussion of zoning alternatives could result in some owners obtaining development approval under current RS-1 regulations before they change. Consequently, timely initiation of an amended RS-1 rezoning application may be necessary in order to avail Council of the withholding provisions pending consideration of new zoning for these lands. There are undoubtedly other view sensitive private properties that would be significantly impacted by the siting of new dwellings according to the outright provisions of the RS-1/RS-1S District Schedule. A comprehensive review to identify these, and subsequent community discussions, would require considerable staff resources and time. This is not a current Planning Department work program item. Furthermore, it could be advantageous to approach this on an incremental basis, benefitting from the experience of addressing this issue for the properties at 4477-4679 Puget Drive. Consequently, if Council believes this issue warrants further consideration, it is recommended that staff only pursue the matter in terms of these Puget Drive properties. CONCLUSION Current RS-1/RS-1S regulations do not encourage new development that will be sited in a compatible manner with what exists on adjacent properties. While sacrifice of front yard compatibility in order to achieve a usable rear yard and maintain rear yard privacy for neighbours may be appropriate in most cases, it may not be appropriate where it significantly impacts views. Alternate zoning that places priority on front yard compatibility may be more appropriate in these circumstances. Staff believe this warrants further consideration, using the properties at 4477-4679 Puget Drive as an initial focus. * * * * *