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POLICY REPORT
DEVELOPMENT AND BUILDING
Date: February 3, 1998
Author/Local: DMurphy/7484
CC File No. 113/5301
TO:
Vancouver City Council
FROM:
Director of Central Area Planning on behalf of Land Use and Development
SUBJECT:
Miscellaneous Amendments to the Zoning and Development By-law, Official Development Plan By-laws, the Parking By-law,
and Other Related By-laws
RECOMMENDATION
A.THAT the Director of Land Use and Development be instructed to make application to amend the Zoning and Development By-law (including amendments to various CD-1 By-laws) and Official Development Plan By-laws, generally in accordance with Appendix A;
FURTHER THAT the Director of Legal Services be instructed to prepare the necessary by-laws for consideration at the Public Hearing; and
AND FURTHER THAT the application and amendments to the Zoning and Development By-law and Official Development Plan By-laws be referred to Public Hearing, together with the recommendation of the Director of Central Area Planning on behalf of Land Use and Development to approve.
B.THAT the amendments to the Parking By-law, the Zoning and Development Fee By-law and By-law No. 6788 (a By-law to Facilitate Demolition for Social Housing) be approved, generally in accordance with Appendix B; and
FURTHER THAT the Director of Legal Services be instructed to bring forward the necessary By-laws for enactment.
GENERAL MANAGER'S COMMENTS
The General Manager of Community Services RECOMMENDS approval of A and B.
COUNCIL POLICY
There is no Council policy directly applicable to these amendments.
PURPOSE
This report recommends a number of miscellaneous amendments to the Zoning and Development By-law (including various CD-1 By-laws), the CW, DD, DEOD, FCCDD, FSD and SEGS Official Development Plan By-laws, the Parking By-law, the Zoning and Development Fee By-law, and By-law No. 6788 (a By-law to Facilitate Demolition for Social Housing).
BACKGROUND
The proposed amendments, attached as Appendices A and B, are the latest in an on-going series of amendments recommended to improve various by-laws pertaining to development control. The need for these amendments has arisen from experience gained through by-law administration or from the identification of errors. Further amendments of a similar nature can be anticipated at regular intervals, although urgent amendments will continue to be reported to Council individually as the need arises.
DISCUSSION
Appendix A includes recommended amendments that require a Public Hearing. Appendix B includes amendments that can be approved without a Public Hearing. Each amendment is explained along with the recommended changes to by-law wording. The amendments are generally of a housekeeping nature and do not entail a substantive change to the by-law involved. In most cases, the amendments are to provide clarification in how regulations are interpreted. The following summarizes the more significant proposed amendments found in:
Appendix A (Public Hearing required)
·an amendment to allow the Director of Planning to renew a development permit on more than one occasion, when issued with specified time limitations;
·an amendment to reduce, from eight to five, the number of foster children that may be kept in a dwelling unit and the number to qualify for development permit exemption, to correct an earlier amendment that should have applied only to the number of daycare children (the keeping of six or more foster children would still be permitted as a conditional use in most residential districts);
·an amendment to the RA-1 District Schedule to clarify how building width and depth are to be calculated;
·amendments to the RS-1 and RS-1S Districts Schedule to require that floor area previously excluded for accessory uses be deducted from the total allowable accessory building area, and to clarify the limits on side entrances;
·an amendment to the RS-2 District Schedule to clarify that Multiple Conversion Dwelling (MCD) use is intended to encourage retention of larger, older one-family dwellings, and not be applicable to newer one-family dwellings;
·amendments to various residential district schedules to permit the Director of Planning to vary front yard setbacks when they conflict with established building lines;
·amendments to several district schedules to clarify how height shall be calculated;
·an amendment to the RS-3 and RS-3A Districts Schedule to prevent the ground surface in a front yard from being lowered for the purpose of providing light or access to a basement or cellar;
·amendments to the RS-6 District Schedule to correct a number of typographical errors and to provide additional clarity to regulations pertaining to impermeable materials, building depth, and exterior wall cladding materials;
·an amendment to add a floor space ratio (FSR) exclusion for covered porches to the RT-4, RT-4A, RT-4N and RT-4AN, and RT-5, RT-5A, RT-5N and RT-5AN Districts Schedules;
·an amendment to a number of district schedules and Official Development Plan By-laws to add references to passenger spaces to FSR exclusion clauses for off-street parking and loading, to be consistent with changes made to the Parking By-law in 1995;
·amendments to various CD-1 zoned sites enacted in 1996 that had been approved at Public Hearing prior to the September 1995 Public Hearing for balcony enclosure and acoustic amendments, and as a result could not be amended to incorporate the newbalcony enclosure and acoustic requirements prior to their enactment;
·an amendment to the Downtown Official Development Plan to insert a 15% FSR bonus for hotel for sites in sub-area ‘O’, which was omitted, through an oversight, from recent changes to density provisions for residential and non-residential uses in the Downtown District;
·amendments to the Downtown-Eastside Oppenheimer District Official Development Plan (DEOD) to add FSR exclusions to three sub-areas that were omitted through a previous text amendment; and
·amendments to a variety of By-laws to replace references to the "Vancouver Heritage Inventory" or "City of Vancouver Heritage Inventory" with the "Vancouver Heritage Register", and to replace references to the "Heritage Advisory Committee" with the "Vancouver Heritage Commission".
Appendix B (Public Hearing not required)
·amendments to the Parking By-law to limit the aggregate width of all points of access to parking areas in the RS-1, RS-1S, RS-3, RS-3A, RS-5, RS-5S and RS-6 Districts, and to add passenger spaces to the setback provisions of section 4.7.7 to prevent them from being located within required setbacks;
·amendments to the Zoning and Development Fee By-law to waive the higher conditional approval fees required when setbacks are relaxed to accommodate tree retention, and to apply fees for phase-out suites or multiple conversion dwellings in the RS-3A, RS-5, RS-5S and RS-6 Districts; and
·amendments to the Parking By-law and By-law No. 6788 (a By-law to Facilitate Demolition for Social Housing) to reflect the renaming of the "Vancouver Heritage Inventory" to "Vancouver Heritage Register".
·Consequential amendments to various Development Cost Levy By-laws will also be required to reflect any revised floor space ratio exclusions that may be approved for a District Schedule or Official Development Plan By-law.
ENVIRONMENTAL IMPACT
The proposed text amendments neither contribute to, nor detract from, the objective of reducing atmospheric pollution.
SOCIAL IMPLICATIONS
The proposed amendments have no implications with respect to the Vancouver Children's Policy or Statement of Children's Entitlements.
CONCLUSION
This report recommends a number of miscellaneous by-law amendments intended to improve, correct or expand existing provisions. Planning staff recommend referral of the Zoning and Development, Official Development Plan and CD-1 amendments to Public Hearing, and approval of all other amendments.
* * * * *
All additions are shown in bold italics. Deletions are shown in
strikeout.PROPOSED MISCELLANEOUS TEXT AMENDMENTSZONING AND DEVELOPMENT BY-LAW (INCLUDING CD-1 BY-LAWS)
SECTION 4.5 (Development Permit Time Limits)
It is recommended that a new subsection be added to permit the Director of Planning to renew, on more than one occasion, a development permit issued with specified time limitations where the conditions of approval have not changed, such as a temporary use permit. This amendment would be consistent with the extension and renewal provisions of the Zoning and Development Fee By-law.
Amendment:
4.5.8The Director of Planning may renew, on more than one occasion, a development permit issued with specified time limitations where the conditions of approval have not changed.
SECTIONS 5 and 10 (Foster and Daycare Children in Dwelling Units)
Section 5.9 exempts the keeping of eight foster or daycare children in a dwelling unit, as permitted in section 10.21.1, from requiring a development permit. The former limit of five children was amended to eight in 1995, to be consistent with the definition for Child Day Care Facility and changes to provincial legislation. The reduced number should have applied to the number of daycare children, but not to the number of foster children. If the following amendments are approved, the keeping of six or more foster children could still be approved as a Special Needs Residential Facility - Group Living, which is a conditional approval use in most residential districts and requires a development permit.
Amendments:
5.9The keeping of not more than two boarders or lodgers or the keeping of not more than
eightfive foster or eight daycare children in each dwelling unit.10.21.1No dwelling unit shall be used or occupied by more than one family, but it may also be used to keep a maximum of two boarders or lodgers, or
eightfive foster or eight daycare children.RA-1 DISTRICT SCHEDULE (Building Width and Depth)
Section 4.16 of this Schedule regulates the maximum width and depth of residential buildings. Where a site is developed with more than one residential building, these maximums are intended to be an aggregate amount, not the maximum for each individual building. The proposed amendments would clarify that width and depth regulations apply to the total width or depth of all residential buildings, not each residential building on a site.
Amendment:
4.16.1
BuildingsThe total width of all buildings used for dwelling use or a special needs residential facility shall not exceed the lesser of 30.5 m or 75 percent of the width of the sitemeasured at, as viewed from and projected upon the front property line.4.16.2
BuildingsThe total depth of all buildings used for dwelling use or a special needs residential facility shall not exceed the lesser of 36.6 m or 65 percent of the depth of the sitemeasured at, as viewed from and projected upon the side property lines.RS-1 and RS-1S DISTRICTS SCHEDULE
(Accessory Buildings and Side Yard Entrances)
This Schedule conditionally permits a limited amount of parking to be contained in the principal building, without being counted as floor area, when there is no secondary access to the site (i.e., a lane). A problem arises when an application is submitted to build an outright accessory building (for parking) in the rear portion of the site (provided there is enough room for a driveway) when an FSR exclusion for parking has previously been granted. The amendment would deduct floor area previously excluded for accessory parking from the total allowable accessory building area.
Amendment:
2.2.A(c)the total floor area, measured to the extreme outer limits of the building, of all accessory buildings is not greater than 30 percent of the minimum rear yard prescribed in this Schedule, or 48 m², whichever is the greater, except that floor area previously excluded from existing development pursuant to section 4.7.3(c) shall be deducted from the total allowable accessory building floor area;
The intent of section 4.17.3 is to limit side entrances on residential dwellings to one, and only where a side yard faces a street. The following amendment is to clarify that this requirement does not apply to accessory buildings or garages.
Amendment:
4.17.3A side entrance to a one-family, two-family, multiple or multiple conversion dwelling shall be limited to one, and shall only be permitted where the side yard faces a street.
No more than one side entrance shall be permitted.RS-2 DISTRICT SCHEDULE (Multiple Conversion Dwellings)
In 1991, the RS-2 Schedule was amended to be consistent with other One- and Two-Family districts by deleting a requirement that MCD use could only be considered in buildings that had existed as of June 18, 1956. The intent of the qualifying date was to encourage retention of the larger, older buildings in the RS-2 District. However, staff now receive enquiries about converting newly constructed one-family dwellings to MCDs on lots as small as 372 m² (4,000 sq. ft.), which would effectively circumvent the minimum site area requirement for a new two-family dwelling in RS-2, being 669 m² (7,200 sq. ft.). Staff have not supported these enquiries, based on the Council approved "Multiple Conversion Dwelling Guidelines
(RS-1A, RS-2, RS-4, RT-1, RT-2 and RT-3 Districts)", that make reference to conserving neighbourhood character by encouraging retention of older, sound buildings. Permitting conversion of newer buildings that do not contribute to the older character of the neighbourhood would likely accelerate change to this character that is not desired.
The proposed amendment better reflects the intent of the guidelines.
Amendment:
3.2.DW [Dwelling]
•Multiple Conversion Dwelling, provided that:
(a)before making a decision the Development Permit Board shall consider the quality and livability of the resulting units, the suitability of the building for conversion in terms of age and size,
andthe effect of the conversion on adjacent properties and whether the building contributes to the neighbourhood character of the area; and ...RS-1 and RS-1S, RS-3 and RS-3A, RS-5 and RS-5S, and
RS-6 DISTRICT SCHEDULES (Front Yards)
Several district schedules contain front yard averaging provisions that have the potential to conflict with established building lines, particularly where the required front yard is basedon the average depth of the front yards of adjacent sites, and not a percentage of site depth. The following amendments to section 4.4.1 (b) of the RS-1 and RS-1S, and RS-6 Schedules, section 4.4.2 of the RS-3 and RS-3A Schedule, and section 4.4.4 of the RS-5 and RS-5S schedule would permit the Director of Planning to vary the front yard when it conflicts with an established building line:
Amendment:
RS-1 and RS-1S, and RS-6 District Schedules:
4.4.1(b)
on a double fronting sitethe Director of Planning may vary the front yard requirement on a double fronting site or a site where a building line has been established pursuant to section 14.1 of this By-law.RS-3 and RS-3A Districts Schedule:
4.4.2
On a double fronting siteThe Director of Planning may vary the front yard requirement on a double fronting site or a site where a building line has been established pursuant to section 14.1 of this By-law.RS-5 and RS-5S Districts Schedule:
4.4.4
On a double fronting siteThe Director of Planning may vary the front yard requirement on a double fronting site or a site where a building line has been established pursuant to section 14.1 of this By-law.RA-1, ALL RS DISTRICT SCHEDULES EXCEPT RS-6 AND
ALL RT DISTRICT SCHEDULES (Height)
Several district schedules stipulate that the maximum height of a building shall be the lesser of a height expressed in metres or in storeys, with the intent being that neither can be exceeded. However, staff are often questioned as to whether both criteria need to be met, which is not the case. The following amendments are recommended for clarity.
Amendments:
RA-1 District Schedule:
4.3.1The height of a building shall not:
(a)at any point protrude above an envelope located in compliance with the side yard regulation and formed by planes vertically extending 6.4 m in height and then extending inward and upward at an angle of 45 degrees from the horizontal to the line where the planes intersect,
provided that in no case shallthe maximum height of a building exceed the lesser of 9.2 m or 2½ storeys.(b)exceed 9.2 m, and
(c) have more than 2½ storeys.
RS-1 and RS-1S Districts Schedule:
4.3.1A
The height of abuilding shall not exceed 9.2 m in height and shall not have more thanor2½ storeys nor exceed the maximum dimensions created by the combination of: ...RS-1A, RS-2, RS-4, RT-4, RT-4A, RT-4N and RT-4AN, RT-5, RT-5A, RT-5N and RT-5AN, and RT-9 Districts Schedule:
4.3.1 A
The maximum height of abuilding shall not exceed 10.7 m in height and shall not have more thanbe the lesser of 10.7 m or2½ storeys.RS-1B District Schedule:
4.3.1Subject to section 4.3.3, the
maximum height of aprincipal one-family dwelling shall not exceed 10.7 m in height and shall not have more thanbe the lesser of 10.7 mor2½ storeys.4.3.2Subject to sections 4.3.3 and 4.3.4,
the maximum height ofan infill or a secondary one-family dwelling shall not exceed 8.0 m in height and shall not have more thanbe the lesser of 8.0 m or1½ storeys.RS-3 and RS-3A Districts Schedule:
4.3.1A
The height of abuilding shall notexceed the lesser of:(a)in RS-3, exceed 10.7 m
orin height and have more than 2½ storeys;(b)in RS-3A, exceed 9.2 m
orin height and have more than 2½ storeys.RS-5 and RS-5S Districts Schedule
4.3.1A
The height of abuilding shall not exceed 9.2 m in height and shall not have more thanor2½ storeys.RT-1 District Schedule:
4.3.1 A
The maximum height of abuilding shallbe the lesser ofnot exceed 6.1 m in height and shall not have more than6.1 m or 1one storey.RT-2 District Schedule:
4.3.1A
The maximum height of abuilding shallbe the least of 9.2 m,not exceed 9.2 m in height and shall not have more than two storeys plus a cellar or one storey plus a basement.RT-3 District Schedule:
4.3.1A
The maximum height of abuilding shallbe the least ofnot exceed 10.7 m in height and shall not have more thanor2½ storeys.RT-6 District Schedule:
4.3.1A
The maximum height of abuilding shallbe the lesser ofnot exceed 10.7 m in height and shall not have more thanor2½ storeys, except that ...RT-7 and RT-8 Districts Schedule:
4.3.1 A
The maximum height of abuilding shallbe the lesser ofnot exceed 10.7 m in height and shall not have more thanor2 storeys.RS-3 and RS-3A DISTRICTS SCHEDULE (lowered surfaces)
Section 4.17.4 of this Schedule allows the ground surface to be lowered for the purpose of providing light or access to a basement or cellar. This provision was intended to apply only to rear yards, but when the RS-3A District was added to the Schedule in 1995, an oversight in the Council report extended the provision to apply to the front yard as well. Therefore, the reference to front yards should be deleted.
Amendment:
4.17.4For the purpose of providing light or access to a basement or cellar, the surface of the ground adjoining a building can be lowered without affecting the calculation of average elevation, provided that:
(a)the lowered surface does not extend more than 3.1 m into the required
frontorrear yard; and ...RS-5 AND RS-5S DISTRICTS SCHEDULE (sloping roofs)
Section 4.7.3(h) excludes floor areas located below sloping ceilings from FSR calculations, with the intent being to encourage continuous sloping rooves and avoid some of the awkward roof forms sometimes built under RS-1. A similar exclusion in the RS-6 Schedule excludes areas under ceilings as well as roof rafters. The proposed amendment would be more consistent with the RS-6 Schedule, by not requiring a finished ceiling on these sloping roof rafters to be eligible for FSR exclusion.
Amendment:
4.7.3(h)areas of floors
located below a sloping ceiling where the ceiling is attached tothe underside of the roof joists, and where the ceiling maintains the same pitchas the roof joists which shall beexisting, proposed or as may be extended over open-to-below space located directly below sloping roof rafters or a sloping ceiling where the ceiling is directly attached to the underside of sloping roof rafters, and where the roof joists have a minimumof7:12ratiopitch and the related ceiling maintains the same pitch as the roof joists, provided ...RS-6 DISTRICT SCHEDULE (Miscellaneous)
The RS-6 District Schedule was enacted by Council in March, 1996. Minor amendments are proposed to provide additional clarity to the schedule.
Section 4.8.4 regulates the area of impermeable materials on site. Council added similar regulations to the RS-5 District Schedule in October 1996. Staff feel that the RS-5 regulations are clearer than those for RS-6, and recommend that the RS-6 regulations be amended to be consistent with RS-5.
Amendments:
4.8.4The area of impermeable materials, including building coverage, shall not exceed 60 percent of the total site area except that where developed secondary vehicular access to a site is not available, the Director of Planning may exclude from the area of impermeable materials an amount not exceeding:
(a)for the first parking space, the product of the distance
from the garagevehicular entry or one approved parking space to the point of vehicular siteaccess times 3.1 m; and, in metres as measured along the driveway centre line, from the point where the driveway crosses the property boundary to the point where it meets the nearest side of the approvable parking space times 3.1 m; and(b)for each
parking space after the first, an additional 67 m² per space foradditional parking space, 67 m² to accommodate vehicular access and manoeuvring.The intent of section 4.16.6 is to allow decks (including decks with roofs, but not balconies or floor area at the second storey or above), basements and cellars to be permitted to a 40 percent building depth, while still applying a building depth of 35 percent to enclosed floor area at or above the first storey, except as permitted under section 4.16.4 and 4.16.5. The following additions are recommended to clarify which building elements may project to the maximum building depth.
Amendment:
4.16.6 Notwithstanding section 4.16.1 regarding the 20 percent of the maximum allowable building width as measured from both side yard setback lines permitting a maximum building depth of 35 percent, open and covered decks, at or below the first storey floor level, and basements and cellars, may project to a maximum 40 percent building depth.
Staff also recommend several minor additions to the external design regulations contained in section 4.17. A new sub-clause is proposed for section 4.17.12, to clarify that projecting basements are also subject to other regulations in the District Schedule, specifically yard setbacks and building depth regulations. Staff also recommend adding the term "trim boards" to the list of exterior wall cladding materials in section 4.17.34, to provide additional clarity.
Amendments:
4.17.12Where a basement or cellar horizontally projects beyond the first storey, the projecting area shall:
(a)face the rear property line or an interior side yard; or
(b)face the street towards which the front entry faces and be under an approved deck, planter or patio at or below the first storey floor level; or
(c)face, on a corner lot, a street other than as described in section 4.17.13(b), and not be closer to the property line fronting this street than the closest portion of the first storey; or
(d)be below a covered porch as described in section 4.4.4 or 4.6.3;
except in no case shall a basement or cellar project into a required yard or exceed permitted building depth requirements.
4.17.34Exterior wall cladding materials shall:
(e)be used so that, notwithstanding section 4.17.34(c) and (d), materials on chimneys, basements, cellar or crawl space walls, entry porches, entry porch columns, guards, handrails, windows, doors, window and door trims, belt courses, facia boards, trim boards, gutters and drain pipes, architectural accents totalling less than 1.0 m² per building elevation, and porch roof gable ends are not included when calculating the number of exterior wall cladding materials; and
The following amendments are primarily to correct typographical and punctuation errors:
Amendments:
·640·replace the semi-colons at the end of clauses 4.4.1(b), 4.4.2, 4.4.3 and 4.6.1(d) with periods,·640
·640·in clause 4.7.3(h), replace the reference to clause "4.7.5(i)" with "4.7.6(a)", ·640
·640·reletter clauses (i), (ii) and (iii) of section 4.17.8 to (a), (b) and (c), respectively,·640
·640·in section 4.17.9, replace the semi-colon in first sentence with a colon, and replace the period at the end of subclause (ii) of clause (c) with a semi-colon,·640
·640·in section 4.17.11, replace "2.4 mat" with "2.4 m at",·640
·640·in section 4.17.33, delete "(25 sq. ft.)" wherever it occurs,·640
·640·in section 4.17.35, replace the semi-colon in first sentence with a colon,·640
·640·in section 5.4.1, delete the word "and" at the end of clause (b), replace the period at the end of clause (c) with a semi-colon, insert the word "and" at the end of clause (d) and replace the semi-colon at the end of clause (e) with a period,·640
·640·in section 5.5.1, insert the word "and" at the end of clause (e) and replace the semi-colon at the end of clause (f) with a period, and ·640
·640·in section 5.5.3, reletter clauses (i), (ii) and (iii) to (a), (b) and (c), respectively.·640
RT-4, RT-4A, RT-4N and RT-4AN, and RT-5, RT-5A, RT-5N and
RT-5AN DISTRICTS SCHEDULES (Covered Porches)
Over the past seven or eight years, FSR exclusions for covered porches have been added to most One- and Two-Family Dwelling districts, including RS-1 and RS-1S, RS-3 and RS-3A, RS-5 and RS-5S, RS-6, RT-3, RT-6, RT-7, RT-8, and RT-9, in order to encourage porch elements. However, this exclusion has not been extended to the RT-4, RT-4A, RT-4N and RT-4AN, and RT-5, RT-5A, RT-5N and RT-5AN Districts. The absence of this exclusion makes it difficult to achieve the same type and quality of porch forms that are common in those districts where the exclusion is permitted. Council-adopted guidelines for the RT-4, RT-4A, RT-4N and RT-4AN, and RT-5, RT-5A, RT-5N and RT-5AN Districts also encourage traditional house forms and detailing, and mention covered porches as elements which are desirable.
The following amendment would extend the FSR exclusion for covered porches to the RT-4, RT-4A, RT-4N and RT-4AN, and RT-5, RT-5A, RT-5N and RT-5AN Districts.
Amendments:
4.7.3(g)covered verandahs or porches, provided that:
(i)the portion facing the street or rear property line shall be open or protected by guard rails, the height of which shall not exceed the minimum specified in the Building By-law; and
(ii)the total area of these exclusions, when combined with the balcony and deck exclusions under section 4.7.3(a), does not exceed 13 percent of the permitted floor space.
[Note: The reference to section 4.7.3(a) refers to the section which allows FSR to be excluded for open balconies and sundecks up to 8 percent of the maximum permitted floor space.]
ALL SCHEDULES EXCEPT RA-1, RS-1A, HA-1, HA-1A, HA-2, and
HA-3 (FSR Exclusion for Passenger Spaces)
Most District Schedules include a clause which excludes portions of floors used for off-street parking and loading, bicycle storage, etc., from FSR calculations. In 1995, a new section was added to the Parking By-law regarding the provision of off-street passenger spaces. Staff have been excluding passenger spaces from FSR calculations, as they are considered similar to off-street parking and loading spaces. However, since the Parking By-law lists passenger spaces separately from parking and loading spaces, staff recommend adding a reference to passenger spaces to applicable FSR exclusion clauses to provide clarification.
Amendments:
M-1, M-1A, M-1B and M-2 Districts Schedule:
4.7.3(b)where floors are used for off-street parking and loading, the taking on or discharging of passengers, bicycle storage...
RS-1 and RS-1S, RS-2, RS-3 and RS-3A, RS-4, RS-5 and RS-5S, RS-6, RT-1, RT-2, RT-3, RT-4, RT-4A, RT-4N and RT-4AN, RT-5, RT-5A, RT-5N and RT-5AN, RT-7, RT-8, RT-9, RM-2, RM-3, RM-3A, RM-4 and RM-4N, RM-5, RM-5A, RM-5B and RM-5C, RM-6, FM-1, C-1, C-2, C-2B, C-2C, C-3A, C-5 and C-6, C-7 and C-8, FC-1, MC-1, I-1, I-2, IC-1 and IC-2, and IC-3 Districts Schedule:
4.7.3(c)where floors are used for off-street parking and loading, the taking on or discharging of passengers, bicycle storage...
RT-6 District Schedule:
4.7.3(d)where floors are used for off-street parking and loading, the taking on or discharging of passengers, bicycle storage...
CD-1 (264) - 101 TERMINAL AVENUE (By-law No. 6744)
This By-law contains two duplicate clauses in section 9.
Amendments:
9. RESIDENTIAL COMPONENT
9.1Separate and distinct means of access shall be provided for residential uses to streets and on-site parking.
9.2Private, semi-private and public spaces shall be defined and distinguished from each other.
9.3Private, semi-private and public spaces shall be defined and distinguished from eachother.9.
43In every building intended to contain core-need households a community room shall be provided with the capacity to accommodate at least 40% of the estimated adult population.VARIOUS CD-1 BY-LAWS (BALCONY ENCLOSURE AND
ACOUSTIC AMENDMENTS)
In January, 1996, Council enacted amendments to various District Schedules, Official Development Plans and CD-1 zoned sites to incorporate new balcony enclosure and acoustic requirements. However, a number of CD-1 By-laws subsequently enacted in 1996 had gone to Public Hearing prior to the Public Hearing for balcony enclosures. It is recommended that the following CD-1 zoned sites be amended to reflect the new balcony enclosure and/or acoustic requirements.
Balcony Enclosures: amend the following By-law sections as per the following paragraphs :
CD-1 (345) - 910 Beach Avenue (By-law No. 7531) - Section 3.4
CD-1 (346) - 350 Robson Street (By-law No. 7551) - Section 3.4
CD-1 (348) - 34 West Pender Street (By-law No. 7556) - Section 3.4
CD-1 (357) - 2725 Arbutus Street (By-law No. 7654) - Section 5.4
CD-1 (364) - 501 Bute Street (By-law No. 7681) - Section 5.4
CD-1 (365) - 301 Jervis Street (By-law No. 7677) - Section 5.4
The Director of Planning may permit the following to be excluded in the computation offloor space ratio:
(a)enclosed residential balconies, provided that the Director of Planning first considers all applicable policies and guidelines adopted by Council and approves the design of any balcony enclosure
, and provided further that thetotal area of all open and enclosed balcony or sundeck exclusions does notexceed eight percent of the residential floor area being provided.subject to the following:(i)the total area of all open and enclosed balcony or sundeck exclusions does not exceed eight percent of the residential floor area being provided; and
(ii)no more than fifty percent of the excluded balcony floor area may be enclosed.
Acoustics: Amend the following By-laws as per the following paragraph:
CD-1 (344) - 325 West 59th Avenue (By-law No. 7522) - Section 6
CD-1 (345) - 910 Beach Avenue (By-law No. 7531) - Section 6
CD-1 (346) - 350 Robson Street (By-law No. 7551) - Section 6
CD-1 (348) - 34 West Pender Street (By-law No. 7556) - Section 6
CD-1 (350) - 3211-3245 Oak Street (By-law No. 7601) - Section 8
CD-1 (360) - 2855 Sophia Street (By-law No. 7655) - Section 7
CD-1 (364) - 501 Bute Street (By-law No. 7681) - Section 10
CD-1 (365) - 301 Jervis Street (By-law No. 7677) - Section 10
CD-1 (368) - 550 West 14th Avenue (By-law No. 7682) - Section 11
ACOUSTICS
All development permit applications require evidence in the form of a report and recommendations prepared by a person trained in acoustics and current techniques of noisemeasurement demonstrating that the noise levels in those portions of the dwelling units listed below will not exceed the noise level set opposite such portions. For the purposes of this section the noise level is the A-weighted 24-hour equivalent (leq) sound level and will be defined simply as noise level in decibels.
PORTIONS OF DWELLING UNITS NOISE LEVELS (DECIBELS)
bedrooms 35
living, dining, recreation rooms 40
kitchen, bathrooms, hallways 45
terraces, patios, balconies60In addition, amend section 8 of CD-1 (357) - 2725 Arbutus Street (By-law No. 7654), as follows:
PORTIONS OF DWELLING UNITS NOISE LEVELS (DECIBELS)
bedrooms 35
living, dining, recreation rooms 40
kitchen, bathrooms, hallways 45
common-use roof decks and patios55OFFICIAL DEVELOPMENT PLAN BY-LAWS
DOWNTOWN OFFICIAL DEVELOPMENT PLAN (Hotel Bonus)
At Public Hearing on April 24, 1997, Council approved amendments to the Downtown Official Development Plan which revised density provisions for residential and non-residential uses in the Downtown District (these changes will be forwarded for enactment once a Development Cost Levy By-law for Triangle West has been enacted). A new Sub-area ‘O’ was added for the blocks fronting on Alberni Street between Bute and Burrard Streets, which were formerly in Sub-area ‘F’. In the new sub-area, the housing bonus was deleted and replaced with "choice of use" zoning (hotel, office, residential and other uses). However, through an oversight, a 15% hotel FSR bonus available when these blocks were part of Sub-area ‘F’ was not extended to the new sub-area. The amendment will extend the 15% hotel FSR bonus to sites in Sub-area ‘O’ as well.
Amendments:
"Section 3 - Density...
2.The Development Permit Board may permit an increase in the floor space ratio for hotels in:
·640·the areas denoted by the letters 'A', 'B', 'C'
and,'F' and 'O' on Map 1 except for the area bordered by Pacific, Seymour, Drake and Howe Streets; and ..."·640DOWNTOWN-EASTSIDE OPPENHEIMER OFFICIAL DEVELOPMENT PLAN (FSR Exclusions)
In January 1996, Council enacted amendments to various district schedules, CD-1 By-laws, and Official Development Plans pertaining to FSR exclusions for enclosed residential balconies. Several of the Official Development Plans were non-standard in that they contained FSR exclusions in their definitions of Floor Space Ratio. In addition to amending balcony enclosure regulations in these ODPs, amendments were also approved which relocated all FSR exclusions to Density sections in those ODP’s. However, the Downtown-Eastside Oppenheimer District (DEOD) is divided into four sub-areas, each with separate regulations. The FSR exclusions were transferred to the Density section for sub-area 1, but not to the other sub-areas. The following amendment would extend the FSR exclusions to the other sub-areas.
Amendments:
Amend sections 5.5, 6.5 and 7.5 by numbering the first clause as 5.5.1 (and 6.5.1 and 7.5.1) and adding the following sections:
Density
5.5.2 (and 6.5.2 and 7.5.2)
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 Development Permit Board, are similar to the foregoing and contribute to the amenity or environment of the Downtown-Eastside/Oppenheimer District, provided that the total area of all exclusions does not exceed eight percent of the provided residential floor area;
(b)where floors are used for off-street parking and loading, the taking on or discharging of passengers, 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 maximum exclusion for a parking space shall not exceed 24 feet in length;
(c)patios or roof gardens provided that any sunroofs or walls are approved by Director of Planning; and
(d)residential storage space provided that where the space is provided at or above base surface, the maximum exclusion shall be 40 square feet per dwelling unit.
5.5.3 (and 6.5.3 and 7.5.3)
The following may be excluded in the computation of floor space ratio:
(a)enclosed residential balconies, provided that the Director of Planning first considers all applicable policies and guidelines adopted by Council and approves the design of any balcony enclosure subject to the following:
(i)the total area of all open and enclosed balcony or sundeck exclusionsdoes not exceed eight percent of the residential floor area being provided; and
(ii)no more than fifty percent of the excluded balcony floor area may be enclosed.
CW, DD, DEOD AND SEGS OFFICIAL DEVELOPMENT PLAN BY-LAWS (FSR Exclusion for Passenger Spaces)
Several Official Development Plan By-laws include a clause which excludes portions of floors used for off-street parking and loading, bicycle storage, etc., from FSR calculations. As discussed previously in the Zoning amendments, staff recommend adding references to passenger spaces to applicable FSR exclusion clauses to provide clarification, and to be consistent with the Zoning and Development and Parking By-laws.
Amendments:
Central Waterfront Official Development Plan (CW):
SECTION 2 - DEFINITIONS
F.S.R. NetThe figure obtained when the area of all floors of all buildings on the site, measured to the extreme outer limits of the building, is divided by the area of the site. The following may be excluded from such calculation provided that the excluded floor space shall not be put to any use other than that which justified the exclusion: ...
(c)where floors are used for off-street parking and loading, the taking on or discharging of passengers, bicycle storage, heating and mechanical equipment, or uses ...
Downtown Official Development Plan (DD):
SECTION 3 - DENSITY
5.The following shall be excluded in the computation of floor space ratio:....
(c)where floors are used for off-street parking and loading, the taking on or discharging of passengers, bicycle storage, heating and mechanical equipment, or uses ....
Downtown Eastside/Oppenheimer Official Development Plan (DEOD):
4.5.2The following shall be excluded in the computation of floor space ratio: ...
(b)where floors are used for off-street parking and loading, the taking on or discharging of passengers, bicycle storage, heating and mechanical equipment, or uses ....
Southeast Granville Slopes Official Development Plan (SEGS)
6.3.3The following shall be excluded in the computation of floor space ratio:
(d)where floors are used for off-street parking and loading, the taking on ordischarging of passengers, bicycle storage, heating and mechanical equipment, or uses ...
VARIOUS BY-LAWS
VANCOUVER HERITAGE REGISTER (Miscellaneous)
The Vancouver Heritage Inventory (VHI) was adopted by Council in August 1986. On December 6, 1994, Council renamed the VHI to Vancouver Heritage Register (VHR), after new heritage legislation was enacted which contained a "roll-over" provision for existing inventories. The following amendments are to replace references to the "Vancouver Heritage Inventory" or "City of Vancouver Heritage Inventory" with the "Vancouver Heritage Register".
Amendments:
Replace all occurrences of the "Vancouver Heritage Inventory" or "City of Vancouver Heritage Inventory" with the "Vancouver Heritage Register" in the following District Schedules and Official Development Plan By-laws:
Zoning and Development By-law:
RT-6; RM-5, RM-5A, RM-5C and RM-5C; HA-1 and HA-1A; and HA-3 Districts Schedule.
Official Development Plan By-laws:
DD; DEOD; and FCCDD.
VANCOUVER HERITAGE COMMISSION (Miscellaneous)
Section 107(1) of the Heritage Conservation Statutes Amendment Act, 1994, enabled the Vancouver Heritage Advisory Committee to continue as a Heritage Commission under the new heritage provisions of the Vancouver Charter. The relevant by-law to bring the name into conformity with the new legislation was enacted by Council on January 31, 1995. The following amendments are to replace references to the "Heritage Advisory Committee" with the "Vancouver Heritage Commission".
Amendments:
Replace all occurrences of the "Heritage Advisory Committee" with the "Vancouver HeritageCommission" in the following By-laws:
Zoning and Development By-law:
Section 3; HA-3 District Schedule.
Official Development Plan By-laws:
DD; DEOD; FCCDD; FSD.
PROPOSED MISCELLANEOUS TEXT AMENDMENTS
PARKING BY-LAW, ZONING AND DEVELOPMENT FEE BY-LAW AND
BY-LAW NO. 6788
(A BY-LAW TO FACILITATE DEMOLITION FOR SOCIAL HOUSING)
All additions are shown in bold italics. Deletions are shown in
strikeout.PARKING BY-LAW (Number of Required Accessory Parking Spaces)
The intent of section 4.2.4.8 is to require a minimum of one parking space for every stall in a Golf Driving Range, not one space per Driving Range.
Section 4.2.5.10 contains an incorrect section reference which requires correction:
Amendment:
4.2.4.8
Golf Driving Range
A minimum of one space for every
rangestall.
4.2.5.10
Restaurant or Drive-in Restaurant in the following districts, except as provided for in section 4.2.5.
109:C-3A, C-5, C-6
A minimum of one space for the first 100 square metres of gross floor area, one additional space for each additional 25 square metres of gross floor area up to 500 square metres and an additional space for each additional 50 square metres of gross floor area over 500 square metres.
PARKING BY-LAW (Access to Parking Areas)
Section 4.6.1 regulates access to parking spaces in RS-1, RS-1S, RS-3, RS-3A, RS-5, RS-5S and RS-6 Districts, including the location and width of driveways, but does not limit the aggregate width of all points of access to parking areas. Staff recommend that the provisions of section 4.6.2 be extended to the RS-1, RS-1S, RS-3, RS-3A, RS-5 and RS-6 Districts.
Amendment: (deletion struck out)
4.6.
21 Access to Parking Areas inOtherR DistrictsThe number and location of all points of access to parking areas located in an R district shall be subject to the approval of the Director of Planning in consultation with the City Engineer and shall not, in the aggregate, be less than 3.7 metres in width nor more than either 18.5 metres or an amount equal to 15 percent of the combined length of the street and lane frontage and flankage, whichever is the lesser.
[Also renumber existing section 4.6.1 to 4.6.2.]
PARKING BY-LAW (Setbacks from site boundaries)
Section 4.7.7 requires that parking areas and parking spaces with associated manoeuvring aisles be set back from site boundaries. As "passenger spaces" have been listed separately from parking and loading spaces since 1995, staff recommend adding the term "passenger spaces" to these setback provisions to prevent them from being provided within required setbacks.
Amendment:
4.7.7 Setback from Site Boundaries
Except for points of access, all parking areas
and, parking spaces and passenger spaces with associated manoeuvring aisles not located within a structure shall be uniformly set back from the site boundaries as follows: ....APPENDIX E (Zoning And Development Fee By-law No. 5585)
Section 3.2.6 of the Zoning and Development By-law allows the Director of Planning to relax provisions regulating the siting of a building to accommodate the retention of an existing tree. However, the Zoning and Development Fee By-law prescribes higher development permit fees for relaxations, which is a disincentive to applicants who propose or are requested to retain trees. The proposed amendments would waive the higher conditional approval fees for relaxations pursuant to section 3.2.6.
An amendment is also required to section 1B of the Zoning and Development Fee By-law, which contains a fee for a phase-out suite or a multiple conversion dwelling in the RS-1, RS-1S and RS-3 Districts. Through oversight, this section was not amended when the RS-3A, RS-5, RS-5S and RS-6 Districts were introduced.
Amendments:
Development Permits
One- And Two-family Dwellings
1. For a new one- or two-family dwelling and its accessory building
or accessory use or for an addition, alteration, change of use, accessory
building or accessory use to an existing one- or two-family dwelling
where such an addition, alteration, change of use, accessory building
or accessory use is equal to or greater than 60 m² in gross floor area:
(a)where the permit would be issued as an outright approval
or as a conditional approval pursuant to Section 3.2.6
of the Zoning and Development By-law, except as provided
in Section 1(d)...... $690.00
(b)where the permit would be issued as a conditional
approval, except as provided
forin Sections 1 (a),1 (c), 1 (e) and 1C............................. $995.00
(c) where the permit would be issued as a conditional
approval after proceeding to a review by a Council-
appointed advisory design panel............... $1,920.00
(d) in the RS-6 District, where the permit would be issued
as an outright approval
in the RS-6 Districtor as aconditional approval pursuant to Section 3.2.6 of the
Zoning and Development By-law................... $840.00
(e)where the permit would be issued as a conditional
approval in the RS-6 District, with no relaxations
of regulations, except as provided in Section
1(d)............................................ $1,230.00
1A. Except as provided for in Section 1B, for an addition, alteration,
relaxation, change of use, accessory building or accessory use to
an existing one- or two-family dwelling where such addition,
alteration, change of use, accessory building or accessory use is
less than 60 m² in gross floor area:
(a) where the permit would be issued as an outright
approval or as a conditional approval pursuant to
Section 3.2.6 of the Zoning and Development
By-law.......................................... $230.00
(b) where the permit would be issued as a conditional
approval, except as provided in Section 1A(a)... $460.00
1B.For a phase-out suite or a multiple conversion dwelling
(provided it consists of only two dwelling units neither of
which is for a caretaker) in an RS-1, RS-1S,
orRS-3, RS-3A,RS-5, RS-5S or RS-6 District......................... $310.00
1C. [no changes]
Multiple Dwellings
2. For a multiple dwelling, or for an addition to an existing multiple dwelling:
(a) where the permit would be issued as an outright approval
or as a conditional approval pursuant to Section 3.2.6 of
the Zoning and Development By-law:
Each 100 m² of gross floor area or part up to
500 m².............................................. $460.00
For each additional 100 m² of gross floor area
or part............................................. $230.00
Maximum fee....................................... $18,490.00
(b) where the permit would be issued as a conditional
approval, except as provided in Section 2(a):
Each 100 m² of gross floor area or part up to
500 m².............................................. $620.00
For each additional 100 m² of gross floor area
or part............................................. $390.00
Maximum fee....................................... $30,815.00
Other Uses (Other Than One- or Two-family or Multiple Dwellings)
3. For a new principal building or use, or for an addition to an existing
building or use, being in all cases other than a one- or two-family
dwelling and a multiple dwelling:
(a)where the permit would be issued as an outright approval
or as a conditional approval pursuant to Section 3.2.6 of
the Zoning and Development By-law:
Each 100 m² of gross floor area or part up to
500 m².............................................. $310.00
For each additional 100 m² of gross floor area
or part............................................. $150.00
Maximum fee...................................... $15,410.00
(b)where the permit would be issued as a conditional approval,
except as provided in Section 3(a):
Each 100 m² of gross floor area or part up to
500 m².............................................. $540.00
For each additional 100 m² of gross floor area
or part............................................. $310.00
Maximum fee......................................... $29,520.00
Alterations, Changes of Use (Other Than One- or Two-family Dwellings)
4.For an accessory building or accessory use to a principal building
or principal use already existing, or for an alteration, relaxation, or
change of use to an existing building, being in all cases other than
a one- or two-family dwelling:
(a)where the permit would be issued as an outright approval
or as a conditional approval pursuant to Section 3.2.6 of
the Zoning and Development By-law:
Each 100 m² of gross floor area or part thereof..... $265.00
Maximum fee......................................... $2,160.00
(b)where the permit would be issued as a conditional approval,
except as provided in Section 4(a):
Each 100 m² of gross floor area or part thereof..... $390.00
Maximum fee......................................... $2,700.00
Outdoor Uses
5.For a parking area, storage yard, nursery, or other development which,
in the opinion of the Director of Planning, is similar:
(a)where the permit would be issued as an outright approval or as a conditional approval pursuant to Section 3.2.6 of the Zoning and Development By-law:
Each 200 m² of site area or part up to 1 000 m²..... $230.00
Each additional 200 m² of site area or part......... $80.00
(b)where the permit would be issued as a conditional approval,
except as provided in Section 5(a):
Each 200 m² of site area or part up to 1 000 m²..... $310.00
Each additional 200 m² of site area or part......... $150.00
VARIOUS BY-LAWS (Vancouver Heritage Register)
As previously mentioned in Appendix A, the renaming of the "Vancouver Heritage Inventory" to "Vancouver Heritage Register" resulted in a number of consequential amendments.
Amendments:
Parking By-law
In Sections 2, 3 and 4, replace any occurrences of the words "Heritage Inventory" or "Vancouver Heritage Inventory" with the words "Vancouver Heritage Register".
By-law No. 6788
In By-law No. 6788 (A By-law to Facilitate Demolition for Social Housing), attached as "Appendix L" to the Zoning and Development By-law, replace the words "Vancouver Heritage Inventory" with "Vancouver Heritage Register".
DEVELOPMENT COST LEVY BY-LAWS (FSR Exclusions)
Consequential amendments to various Development Cost Levy By-laws will also be required to reflect any revised floor space ratio exclusions that may be approved for a related District Schedule or Official Development Plan By-law. As DCL amendments do not require a Public Hearing, any necessary amendments will be forwarded for enactment concurrently to reflect any changes that may be approved by Council.
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