SUPPORTS ITEM NO. 2 P&E COMMITTEE AGENDA MARCH 13, 1997 ADMINISTRATIVE REPORT Date: February 21, 1997 Dept. File No.: WJ CC File: 2609-1 TO: Standing Committee on Planning and Environment FROM: Director of Community Planning SUBJECT: Possible Withholding Action for 1604 East 13th Avenue - RT-4 and RT-5 Zoning Study Area RECOMMENDATION A. THAT in accordance with Council's instruction of November 26, 1996 to refer the zoning amendments to RT-4 and RT-5 Districts to Public Hearing, Council withhold for 30 days in accordance with the provisions of Section 570(1) of the Vancouver Charter, the Combined Development and Building Permit for the proposed development at 1604 East 13th Avenue, expiring March 16, 1997 and for a further 60-day period, expiring May 15, 1997, for a total of 90 days from the date of submission, pursuant to Section 570(2) of the Vancouver Charter. Alternatively, the following is submitted for CONSIDERATION: B. THAT Council instruct staff to process the Combined Building and Development Application for the proposed development at 1604 East 13th Avenue in the normal manner. GENERAL MANAGER'S COMMENTS The General Manager of Community Services RECOMMENDS approval of A. If Council does not support A, B is submitted for CONSIDERATION. COUNCIL POLICY On November 26, 1996, Council referred some areas of RT-4 and RT-5 to Public Hearing to consider amending the RT-4 and RT-4N, and RT-5 and RT-5N Districts Schedule of the Zoning and Development By-law, and to add RT-4A, RT-4AN, RT-5A, RT-5AN to the District Schedule. Council also instructed the Director of Community Planning to report development applications for possible withholding action pursuant to Section 570 of the Vancouver Charter. PURPOSE The purpose is to report for possible withholding a development application received on February 14, 1997. BACKGROUND In May 1995, in response to a history of resident s concerns, City Council approved undertaking a survey of owners and residents in the RT-4/4N and RT-5/5N Districts of the city regarding whether they would support making all one- and two- family dwellings conditional and subject to the existing design guidelines. On November 26, 1996, Council referred to Public Hearing amendments to the RT-4/4N and RT-5/5N District Schedule, as well as the addition of RT-4A/4AN, and RT-5A/5AN Districts. (The Public Hearing has been scheduled for March 25, 1997.) Council also instructed staff to report any development applications to Council for possible withholding action pursuant to Section 570 of the Vancouver Charter. This section enables Council to withhold permits for 30 days for assessment and, following that, a further 60 days pending conclusion of the rezoning process. The purpose of withholding action is to prevent development applications which are at variance or in conflict with a proposed zoning from being processed until the proposed zoning has been considered at a Public Hearing. In the event Council withholds issuance of a permit and the rezoning is ultimately refused, or approved to the extent that the permit withheld would comply, the City is liable for damages suffered by the owner. PROPOSED NEW DEVELOPMENT Staff have received an application to construct a new outright two-family dwelling, under RT-5 at 1604 East 13th Avenue, submitted February 14, 1997. Under the proposed amendments to the RT-5/5N Districts Schedule, all one- and two-family dwellings would be conditional, and subject to the existing design guidelines. While the applicant for 1604 East 13th Avenue did not submit all information necessary for a full design review enough is available for the application to be assessed for conformity. In summary, the application does not conform with the following provisions of the RT-5 Guidelines: rear yard; roofs and chimneys; windows; entrances, stairs, and porches; and exterior walls and finishing. The RT-5 Guidelines limit the projection of buildings beyond their neighbours, to ensure appropriate relationships to neighbours existing back yards. Based upon the information submitted, the proposed development would not conform. The Guidelines also call for the architectural character of new buildings to fit into the traditional character of the area. The proposed development does not conform to these guidelines in most respects, including: roof pitch; entry porch; stairs and door; window size and placement; and detailing and cladding materials. Based on the non-conformance of the proposed development with proposed RT-5 zoning, staff recommend withholding issuance of the Combined Development and Building Permit for 30 days from the date of submission and for an additional 60-day period. CONCLUSION Staff conclude that Council should initiate 30-day withholding action on 1604 East 13th Avenue, expiring March 16, 1997 and for a further 60-day period, expiring May 15, 1997. If Council chooses not to withhold, B is submitted for Consideration. * * * * *