POLICY REPORT
URBAN STRUCTURE

Date: May 24, 2000
Author/Local: RMcGilvray/6112

RTS No. 01439

CC File No. 5301

Council: June 13, 2000

TO:	Vancouver City Council
FROM:	Director of City Plans
SUBJECT:	Rezoning: Five Areas Zoned RS-1A or RS-2

RECOMMENDATION

THAT the Director of City Plans be instructed to make application to rezone five areas currently zoned either RS-1A or RS-2 in Douglas Park, Grandview/Woodland, Kitsilano, Riley Park/Sunnyside, and Turner-Ferndale as indicated on the attached map with the RS-7S District Schedule generally in accordance with Appendix A;

FURTHER THAT the Director of Legal Services be instructed to prepare the necessary by-law;

AND FURTHER THAT the application and by-laws be referred to Public Hearing, together with the conditions of approval recommended by the Director of City Plans that, if approved at Public Hearing, the by-law be accompanied at the time of enactment by:

… the RS-7S Guidelines (Appendix B); and
… amendments to related Land Use and Development Policies and Guidelines including:

… the RS-1S and RS-5S Strata Title Guidelines;
… the RS-2 Infill and Multiple Dwelling Guidelines;
… the Multiple Conversion Dwelling Guidelines (RS-1A, RS-2, RT-1, RT-2, and RT-3 Districts);
… Parking By-law; and
… the Subdivision By-law.

GENERAL MANAGER'S COMMENTS

The General Manager of Community Services RECOMMENDS approval of theforegoing.

COUNCIL POLICY

RS-1 zoning amendments in 1986, 1988, and 1990, addressing suites, building envelope above basement FSR, detached garages, and selected external design issues. RS Rezonings in 1990's (RS-3, RS-5, RS-6, RS-3A) addressing building design control, site landscaping, and impermeable materials site coverage; and

In 1996 Council approved the RS-Interim Zoning Program (1996 - 1998) for RS-1 and RS-1S areas which offered interested residents/property owners of neighbourhoods an opportunity to consider being rezoned to RS-5/5S or RS-6/6S.

SUMMARY

RS-1A and RS-2 are single-family dwelling zones, essentially unchanged since the 1950's. Residents and property owners in the RS-1A and RS-2 areas requested a zoning review during the RS-1/RS-1S Interim Zoning Program conducted between 1996 and 1998. This report addresses five areas (Douglas Park RS-2, Grandview/Woodland RS-1A, Kitsilano RS-1A, Riley Park/Sunnyside RS-2, and Turner-Ferndale RS-2), none of which have yet been part of a CityPlan Community Visioning Program.

The results of a survey identified four specific zoning issues important to the residents/property owners of these areas. These issues include the administration of suites, greater control on the maximum building envelope, controls on the external design of development, and site landscaping guidelines. All four of these issues are consistent with zoning changes made in other RS zones in past years.

Following four information open houses, both a post returned and a random sample phone survey were conducted regarding these four issues. The results indicated strong general support for revising the zoning. Based upon this, staff have drafted the RS-7S District Schedule (named RS-X during the drafting process), the RS-7S Guidelines, and amendments to related policy and guideline documents.

PURPOSE

This report recommends that Council refer to Public Hearing a new RS-7S District Schedule and RS-7S Guidelines, along with making consequential amendments to related Sections of the Zoning & Development By-law, the Land Use and Development Policies and Guidelines, the Parking By-Law, and the Sub-division By-law.

BACKGROUND

The RS single-family zoning, dates back to the 1930's. The RS-1 zone, which was the original single family zone, was revised in 1954 for some areas of the city to permit one-family dwellings on an outright basis and Multiple Conversion Dwellings (MCDs) on a conditional basis. This new zone was named RS-2. It also permitted, on a conditional basis, two-family dwellings on lots 668 m¾ (7 190 sq. ft.) or larger and multiple dwellings (and later infill development was added) on lots 929 m¾ (10 000 sq. ft.) or larger. The zone was applied in areas where some untypically larger lots existed.

The RS-1A zone enacted in 1977 is similar to the RS-2 except that it does not permit two-family, infill or multiple dwellings. It does permit multiple conversion dwellings provided there are no building additions, which has created an inequity between large older houses (sometimes well above the allowable FSR) and smaller ones. The zone was originally created to permit `secondary suites' in a single family zone.

In the 1980's and 1990's, Council made several changes to the RS-1 zone which, initially, applied to the vast majority of single-family neighbourhoods in the City. Later RS Programs created new RS zones for specific areas of the City. These changes included:

… Allowing legal for-rent suites in areas where residents/property owners supported this option, creating the RS-1S zone (1988).
… Revising the floor space ratio and building envelope controls in an attempt to address resident/property owner concerns about the bulk of new houses relative to adjacent houses and the provision of back yard space (1988 & 1990).

… Creating the RS-3 zone in response to a resident initiated neighbourhood-specific proposal. This new RS zone addressed the unique characteristics of a small area (approx. 185 sites) initially developed in the 1920's-1930's which had urban design, architectural, and landscaping qualities which the residents wished to preserve as redevelopment occurred (1990). The RS-3 zone included a District Schedule but, at the time of adoption, did not include any design guidelines.

… Approving the South Shaughnessy/Granville Zoning Review Program (1990-1996) which addressed the concerns of residents/property owners about the design of new houses in terms of their compatibility with the established character of their surrounding streetscape. This program resulted in the creation and adoption of two new zones, RS-5 and RS-6, which were applied to sub-areas within South Shaughnessy/Granville. RS-5 included a District Schedule and site context based design guidelines. RS-6 provided external design regulations and landscaping guidelines. Also, during this program, one additional sub-area was rezoned to RS-3 as requested by area residents/property owners.
… Adopting the RS-5 Design Guidelines (1994), as requested by the residents/property owners of both RS-3 zoned areas, for their areas. Also, the original RS-3 area requested some modifications to its floor space ratio regulations which were approvedby Council, thereby creating the RS-3A zone.
… Responding to the requests from several other RS-1 or RS-1S zoned areas outside of South Shaughnessy/Granville for design control amendments for their areas by directing staff to offer interested neighbourhoods an opportunity to consider being rezoned to either RS-5/5S or RS-6/6S. This City wide program, named the RS-1/RS-1S Interim Zoning Program, carried out a two stage referendum-type consultation within neighbourhoods where residents/property owners expressed interest in being rezoned. Approximately 16 areas went through the consultation process resulting in 10 areas being rezoned to RS-5 or RS-5S and one area being rezoned to RS-6.

During the RS-1/RS-1S Interim Zoning Program, residents/property owners of some areas zoned RS-1A or RS-2 asked Council to have their zones reviewed and amended to include some of the revisions made to the RS-1/1S zones and, also, design controls similar to those found in the RS-5 or RS-6 zones. Council directed staff to undertake this work in the RS-1A and RS-2 zoned areas following completion of the RS-1/RS-1S Interim Zoning Program.

DISCUSSION

1. Study Areas

While the RS-1A and RS-2 zones occur in seven areas of the City, this report addresses only five of these areas. The RS-1A and RS-2 zoned areas of Kensington/Cedar Cottage completed their CityPlan Community Visions Program in 1998 and are being addressed in separate planning studies as noted below. The Kitsilano RS-2 zoned area, which is along the waterfront on Point Grey Road, has quite unique conditions and, therefore, is also not addressed herein. Therefore, staff has approached this RS-1A and RS-2 zoned areas work as follows:

(a) This report addresses five study areas (comprising approximately 2,750 properties) zoned either RS-1A or RS-2 (Douglas Park RS-2, Grandview/Woodland RS-1A, Kitsilano RS-1A, Riley Park/Sunnyside RS-2, and Turner-Ferndale RS-2). Amongst these five study areas, lot sizes vary, but the vast majority of sites are 33 ft. wide, and in all areas, the varying ages of development/redevelopment have created streetscapes with a mix in the age of houses. Given that this RS-1A and RS-2 Zoning Review Program was to be equivalent to the RS-1/RS-1S Interim Zoning Program level of planning services, these five RS-1A and RS-2 zoned areas were addressed collectively in a single program. The study focussed on selected zoning issues related to the zoning changes made in other RS zones in recent years. However, staff recognized that each study area, when consulted, might well have different views on the zoningrevision options and, therefore, it was unlikely that all five areas would seek the same revisions to their RS-1A or RS-2 zoning.

(b) The post-Community Visions Program areas of Kensington/Cedar Cottage will be addressed separately under two programs. The Buffalo Hill area, which has some unusually large lots and unique urban design character, is currently the subject of a separate urban design inventory/analysis by staff and consultants. When this work is completed, resident/property owner consultation will commence to review alternatives.

Staff are currently considering how to best address Vision directions for the older character areas of Kensington/Cedar Cottage outside of Buffalo Hill, some zoned RS-1A or RS-2 and some adjacent RS-1S areas. Staff will report to Council on this matter as part of the Kensington/Cedar Cottage implementation.

(c) The Kitsilano RS-2 zoned area on the waterfront along Point Grey Road has had only moderate levels of redevelopment activity in recent years. With the establishment of the rear yard setback related to the shoreline, previous problems of view blockage by new development were significantly reduced. Since this area is small, has a low rate of redevelopment currently, and residents/property owners thereof have not recently expressed any concerns about new development or their RS-2 zoning, staff will only initiate planning work for this Kitsilano RS-2 area if/when residents/property owners so request and as approved by Council.

2. Process

In the Spring of 1999, staff undertook a survey of all residents/property owners in the five study areas (plus the Cedar Cottage areas that will be addressed under separate planning programs) to identify which of the zoning issues addressed in other RS zoned areas were of interest (see the Spring 1999 survey results summary chart in Appendix D1). The surveys asked questions regarding the general level of satisfaction with recent development, the location of new buildings within their sites, building form, garage placement and retention of rear yards, controls on the design of new development, site landscaping, controls on site paving, and the administration/regulation of suites within single-family dwellings.

The results of this zoning issue's survey were varied amongst the five study areas. However, the response rates were above average for post return surveys. In general, all five areas supported revising/simplifying the suites regulations (similar to the RS-1S zone) while mostareas wanted some type of control on impermeable materials (like paving) site area coverage similar to those currently in RS-5/5S and RS-6 zones. (Impermeability is the subject of the separate Engineering/Planning Report to Council addressing the addition of regulations to all the RS zones currently without impermeability controls). The responses to other zoning issues were quite varied.

In the Fall of 1999, staff prepared a zoning information package (in English and Chinese) and a second survey that asked more specific questions about the issues which received some interest in the initial survey (see sample Fall 1999 survey results summary chart in Appendix E¹). Included in the information package sent to all residents and property owners in the five study areas was an announcement of four Public Information Open Houses held in November and December, 1999, where staff were available to discuss the zoning revision options and answer specific questions. These Open Houses were held in the Kitsilano, Douglas Park, Riley Park/Sunnyside, and in Grandview/Woodland (including Turner-Ferndale) neighbour-hoods. Attendance varied from light to moderate.

Following the open houses, the post returned surveys were received and analysed for the five areas. In general, the responses showed significant support for amending the current zones to address issues of suite regulation, building envelope, building design, and site landscaping. However, the response rates were relatively low (12-17%, averaging approx.13%). Therefore, staff decided to implement a random sample phone survey (as was done in the RS-1/RS-1S Interim Zoning Program) to obtain more statistically reliable information on resident/property owner opinions on the zoning changes offered.

The survey firm of McIntyre & Mustel Research Associates was commissioned to conduct these phone surveys in January and February 2000. Residents/property owners were sent notices (in English and Chinese) of this phone survey and, upon request, were provided with an additional zoning information package.

Each of the five study areas were asked the same four questions on zoning issues. The results of the phone survey, reliable + or - 3 percent, showed a clear majority in favour of zoning revisions (see Appendix F for a summary of the phone survey results; McIntyre & Mustel's complete report is available from the City Clerk). Although a few of the areas indicated only modest support for some of the proposed zoning revisions, there were no revisions opposed by any area.

When staff initiated this zoning review, it was anticipated that at least two new zones would have to be created to address the interests of the RS-1A study areas versus the RS-2 study areas. However, further analysis of the RS-1A and RS-2 zones indicated that the primary difference between these two zones is that RS-2 allows Two-Family dwellings on lots 668 m¾ and larger and Multiple dwellings or Infill on lots 929 m¾ or larger, while RS-1A does not. The RS-1A zoned study areas (Grandview/Woodland and Kitsilano) have no existing lotsbigger than 668 m¾except sites currently occupied by conditional uses such as schools or parks which are unlikely to be redeveloped into dwellings. Therefore, should the RS-2 use and minimum site area criteria be applied to those areas under a new RS-7S district schedule, few existing sites are available that would accommodate new two-family dwellings, multiple dwellings, or development.

Further, the RS-2 Infill and Multiple Dwelling Guidelines which will be amended to add the RS-7S zone (see Appendix C) prohibits the approval of multiple dwellings or infill on sites 929 m¾ or larger if they result from assembling smaller lots after the date of zoning adoption, except in specific circumstances. Lastly, given that the minimum site area in RS-2 for a (strata title) two-family dwelling is 668 m¾, twice the minimum of 334 m¾ (typically 33 ft. by 122 ft. site) for a single-family house, and the clear market preference for single-family over two-family dwellings (duplexes), it is quite unlikely that two 334 m¾ contiguous sites would be assembled on which to develop a two-family dwelling.

Therefore, staff concluded that it is possible to combine the current RS-1A and RS-2 zones into one single new RS zone for all five of these study areas without significant concern new two-family dwellings, multiple dwellings, or infill development will be built on existing lots in the former RS-1A zoned areas. This use/lot size analysis and the clear survey results support staffs' recommendation to replace the current RS-1A and RS-2 zones in these five subject areas with a single new zone, RS-7S.

3. Summary of New RS-7S District Schedule and Related Policies and Guidelines

Based upon the results of the two mail-back surveys and the recent random sample phone survey, staff recommend zoning changes to the five study areas currently zoned RS-1A or RS-2 including:

… Replacement of the existing RS-1A or RS-2 zones with the new RS-7S District Schedule; (Appendix A)
… Adoption of the new RS-7S Guidelines (which include the RS-7S Explanatory Notes; see Appendix B)
… Amending other Land Use & Development Policies and Guidelines related to RS-1A, RS-2, and RS-7S; (Appendix C) and
… Making consequential amendments to other City by-laws as appropriate. (Appendix C)

These recommended zoning revisions involve:

A. Adopting the new RS-7S District Schedule which include:

i) Carrying over all uses from RS-1A and RS-2. No new uses have been introduced. To facilitate legal family or for-rent suites (as per RS-1S andRS-5S), MCDs may be considered for existing houses of any age, with or without additions, and new two-family dwellings may be considered on sites less than 668 m¾ in area to accommodate new houses with a secondary rental or family suite. Minimum site areas apply as per the RS-2 zone for multiple dwellings and Infill (929 m¾) and strata titling is not permitted on sites less than 668 m¾, as described in a revised policy document (see below and Appendix C).

ii) Modifying the building envelope regulations to be similar to those in other RS-1S, RS-5S, or RS-6 zones. The front yard setback is typically the average of the adjacent properties' setbacks, building depth is limited to 40 % of the site depth, and the height regulation includes an inward 45 degree envelope above 9.0 m (30 ft.) to the retained 10.7 m (35 ft.) maximum height. The floor space regulations have been revised to encourage locating garages at the rear of the site where lane access is available, detached from the principal dwelling.

These regulations address concerns about the irregular front yard setbacks of new development on some streetscapes, overly deep (front to rear length) new houses (which often overshadow/overlook the rear yards of older houses), excessive impact from new houses 10.7 m (35 ft.) high at their side yard setbacks, and garages within or attached to residences with paved rear yards and without significant landscaped area. The RS-7S District Schedule also includes a new Section 4.17.5 which addresses the finished grade calculation difficulties identified during the architectural testing of the draft RS-7S district schedule, related to parking access to basement garages in dwellings on very small lots (typically 40 ft. x 66 ft.) found in some of the study areas.

iii) Incorporate new Sections 4.17.6 to 4.17.38 from the RS-6 District Schedule which address matters of external design of buildings, primarily new dwellings. These external design regulations respond to the concerns of study area residents and property owners about the need for minimum standards of exterior design, materials, and detailing. This will encourage a generally higher quality of development and respect for the design, care, materials, and craftsmanship of surrounding older houses.

iv) Including a floor area increase incentive in the RS-7S District Schedule available to applicants proposing a Single-Family Dwelling, Two-Family Dwelling, or Multiple Conversion Dwelling where the site plan complies with Section 8, Landscaping, of the RS-7S Guidelines (see below and Appendix B). This is similar to the RS-6 District Schedule and Guidelines and, when elected by an applicant, results in these new developments providing a reasonable standard of site landscaping. Other Sections of the RS-7S District Schedule have been added/revised to bring these (formerly RS-1A and RS-2) areas' zones in generalalignment with other RS zones under the proposed RS-7S zone. For Multiple Conversion Dwellings, Multiple Dwellings, and Infill (including sites with two or more principal buildings), both the RS-7S District Schedule and Guidelines have been expanded to be comparable with regulations and guidelines on similar dwelling uses in typical RT and RM zones.

v) RS-7S Section 4.18 regulates maximum dwelling units per hectare for Multiple Conversion Dwellings, Multiple Dwellings and Infill, thereby addressing issues of these development types typically being adjacent to single-family dwellings in RS-type neighbourhoods and streetscapes.

vi) Section 4.19 allows the Director of Planning to conditionally permit on a site 929 m¾ (10 000 sq. ft.) or larger two or more new principal buildings. In some cases this will offer applicants and staff the option of two new principal buildings comparable in size and location to an infill development (where an existing building is retained, usually as a Multiple Conversion Dwellings, and a new Infill dwelling(s) is constructed). On these larger lots, it is conceivable that a single multiple dwelling (apartment/condominium for example) might be less compatible with surrounding RS-type development and streetscapes than a new development with two (or more) smaller principal buildings.

vii) Sections 5.4 and 5.5 allow the Director of Planning, based on the RS-7S Guidelines, to relax the External Design regulations of Section 4.17 for renovations/additions, Multiple Conversion Dwellings, Multiple dwellings, Infill, and sites with two principal buildings. Given that Section 4.17 (taken from the RS-6 ) primarily addresses new single-family and two-family dwellings, the Sections 5.4 and 5.5 relaxation clauses allow the Director of Planning design review flexibility based on the RS-7S Guidelines, thereby maintaining the intent of the RS-7S zone.

viii) Section 4.8 Site Coverage and Impermeability and Section 5 Relaxations address the standard RS zones' regulations on impermeable materials site coverage (addressed in the separate Engineering/City Plans Referral Report to Council).

ix) District Schedule Section 4.7.4.(j) of the proposed RS-7S zone is included to be consistent with recent revisions to all other RS zones. This Section addresses floor space ratio area exclusions for exterior building wall thickness that complies with technical recommendations by a Building Envelope Professional related to moisture penetration, insulation, and related construction issues.

B. Adopting the RS-7S Guidelines

The RS-7S Guidelines that accompany the RS-7S District Schedule are provided to assist applicants and staff in designing/reviewing proposed developments. Guidelines Section 4 provides information on how selected District Schedule regulations are to be applied to conditional uses. Section 5 describes architectural components and Section 7 discusses open space for new developments. Section 8, Landscaping, is mandatory for multiple dwellings, infill, and sites with two or more principal residential buildings, and optional (with a floor space ratio increase) for other residential uses.

i) For single-family, two-family, and multiple conversion dwellings, Section 8, Landscaping, gives site planning, landscape design and planting criteria which, when met, allows the Director of Planning to increase the maximum allowable from 0.60 to 0.64 FSR. Compliance with these Landscaping Guidelines is optional for these development types (similar to the Landscaping Guidelines in the RS-6 zone).

ii) For multiple dwellings, infill, and sites with two or more principal residential buildings, all Sections of the RS-7S Guidelines apply. The Guidelines include Sections on application and intent as well as general design considerations. Information on use and envelope regulations as well as specific comments on the design of new buildings is provided. Where an application complies with all Sections of the guidelines (including Section 8 Landscaping), the Director may use his discretion in relaxing all or part of District Schedule Section 4.17 External Design.

iii) For renovation/additions to single-family and two-family dwellings and for multiple dwellings (as well as multiple dwellings and Infill), The Guidelines also serve as general criteria for the Director of Planning's relaxation of District Schedule 4.17 requirements.

Note: the RS-7S Explanatory Notes are a helper document to assist the public with the RS-7S District Schedule and RS-7S Guidelines. The Explanatory Notes are attached to the Guidelines. The Explanatory Notes are attached to the Guidelines but are illustrative only and not adopted policy.

C. Amending other Land Use & Development Policies and Guidelines

i) The RS-1S and RS-5S Strata Title Guidelines are revised and renamed the RS-1S, RS-5S, RS-7S and RT Zones Strata Title Policies (see Appendix C). Generally, this revised document adds the RS-7S and all RT zones and applies the strata title guidelines now being applied to the RS-1S and RS-5S zones. The primary difference for the added zones include:

… In RS-7S, new or converted existing single-family houses with a suite (orsuites if a multiple conversion dwelling) are not allowed to strata title unless they are on sites 668 m¾ (7 190 sq. ft.) or larger. This is in line with the RS-1S and RS-5S guidelines which were put in place so that suites would be used as rental or family suites, not strata titled and sold. Historically, two-family dwellings (in RS-2 on 668 m¾ lots or larger) and multiple-dwellings and infill (in RS-2 on 929 m¾ lots or larger) have been allowed and, therefore, continue to be eligible for strata titling of units where all other planning and Vancouver Building By-law requirements are met.

… Because the prohibition of strata titling applies to all lots in RS-7S less than 668 m¾, the RS-7S zone will prevent a rash of new strata-titled two-family dwelling (duplex) developments on typical lots (as is the intent in RS-1S and RS-5S) while, at the same time, will allow the few existing larger lots in RS-7S zoned areas to retain their former zoning rights to strata-title residential developments.

… The RT zones are included to facilitate the current administrative procedure of notifying the owner of a multiple conversion dwelling approved under the Vancouver Building By-law Secondary Suite clause (for a rental or family suite) that Council will not entertain an application to strata-title the property.

ii) The RS-2 Infill and Multiple Dwelling Guidelines (see Appendix C) is revised to include the RS-7S zone. This document primarily addresses the conditions under which new infill (including development with two or more principal buildings) and multiple dwellings will be considered where two or more sites are assembled after the date of adoption of the RS-2 (and by amendment the RS-7S) zone. Section 2 General Design Considerations are amended to reference the more detailed RS-7S Guidelines applicable to Infill and Multiple Dwelling developments in the RS-7S zone.

iii) The Multiple Conversion Dwelling Guidelines (RS-1A, RS-2, RS-4, RT-1, RT-2, and RT-3) are revised to reference the RS-7S zone and, after Section 7 in that document, a note is added referencing the RS-7S Guidelines for multiple conversion dwelling developments in the RS-7S zone.

D. Making consequential amendments to other City By-laws related to the adoption of the RS-7S zone including:

i) Amending the Parking By-law to include RS-7S under Section 4.2.1.2 dealing with Multiple Conversion Dwelling and, also, Section 4.2.1.3 addressing Multiple dwelling or Infill Multiple Dwelling. These amendments bring the parking requirements for specific uses allowed under the RS-7S zone in line with the parking requirements for these same uses in comparable zones across the City (see Appendix C for amended Parking By-law pages).

ii) Amending the Subdivision By-law Schedule A, Table 1 and Table 2, to add the RS-7S zone (see Appendix C for changes to pages 12 and 13 of the By-law).

iii) Amending the Sign By-law to reference RS-7S under Section 9.2, Schedule A.

4. Conclusion

The RS-1A and RS-2 Zoning Review has provided the five study areas with planning services equivalent to those provided to RS-1 and RS-1S zoned areas of the City under the former Interim Zoning Program. The remaining RS-1A and RS-2 areas in Cedar Cottage are or will be receiving planning services under separate planning programs and the Kitsilano RS-2 area will only be addressed if requested by residents/property owners and as approved by Council.

The proposed new RS-7S District Schedule, Guidelines and related amendments respond to the residents' and property owners' general support for zoning changes addressing the administration of suites, building envelope, building design, and site landscaping. All of the proposed zoning changes are similar to zoning changes made in at least one other RS zone in recent years.

For zoning and planning issues not included in this RS-1A and RS-2 Zoning Review Program, all of the study areas will eventually be included in a CityPlan Community Visions Program, or receive equivalent area planning services scheduled within the next five years.

ENVIRONMENTAL IMPLICATIONS

The RS-7S District Schedule restricts building depth (front to rear dimension) and encourages garages to be located at the rear of sites where lane access is available. For new houses, this will reduce the occurrence of driveways in rear yards and leave more area for landscaping. The regulations on maximum impermeable materials site coverage will limit site paving. Both these district schedule Sections will, to some degree, increase the City's area of landscaping (less paved surface) and contribute to reducing the problems of excessive storm water run-off and air pollution.

The RS-7S District Schedule offers a floor area increase incentive that will encourage applicants for new single-family, two-family, and multiple conversion dwellings to comply with the RS-7S Guideline Section 8 Landscaping. For multiple dwellings and infill developments, compliance with the Landscaping Guidelines is mandatory. Provision of site landscaping including ground covers, shrubbery, and trees will not only enhance the streetscape but provide a contribution to cleaner air and micro-climate moderation in the City.

SOCIAL AND ECONOMIC IMPACTS

a) Revisions to the regulations regarding suites in single family houses will make the application/review process more efficient in some cases (primarily for new houses with rental or family suites). However, these revisions will not significantly influence the number of suites created and/or available or will they affect other suite-related issues such as the Vancouver Building By-law standards or enforcement.

b) RS-7S District Schedule Sections 4.17.6 to 4.17.38 External Design regulations may modestly increase the cost of new single-family and two-family dwellings in some cases. However, the residents and property owners generally support establishing minimum external design standards in response to some developments which reflect little design effort and/or provide marginal quality exterior building materials.

c) Under the existing RS-1A and RS-2 zones, multiple conversion dwellings, multiple dwellings, and infill are all subject to some existing Land Use and Development Policies and Guidelines and are typically subject to design review. The new RS-7S Guidelines provide greater clarity for applicants and staff on the design expectations for these development types but will not significantly impact construction cost over the current requirements.

d) The RS-7S zone will have no significant implications with respect to the Council adopted Children's Policy and Statement of Children's Entitlement.

PERSONNEL IMPLICATIONS

1. For the review of single-family, two-family, and multiple conversion dwelling applications including addition/renovation work, the RS-7S District Schedule Sections 4.17.6 to 4.17.38 External Design regulations and, where elected by the applicant, the RS-7S Landscaping Guidelines, will increase the staff work load in Development Services and Permits & Licenses. However, given the current general low application rate for these building types, existing staff will be able to absorb these increased responsibilities.

2. For the review of multiple dwellings and infill, the RS-7S zone should not significantly increase the work load of staff for these building types over that required under the existing RS-2 zone and associated policies and guidelines. With the RS-7S Guideline's clarification of existing applicable guidelines and policies, staff may find even less time is required for the design review of conditional applications for these development types.

3. The Director of Development Services notes that very rarely does the addition of a single, new, regulatory requirement bring such additional work to warrant a request for additional staff. Commonly, additional work is added in five areas of by-law administration as a consequence of additional regulation:

… Enquiry and information services - explaining, usually prior to application, the reasons for the additional regulation, how it affects property development, and various ways in which the regulation may be complied with;
… Application review - checking the submitted plans to confirm compliance or identify non-compliance, with subsequent discussion with the applicant and review of revised drawing submission for compliance;
… Inspection - confirming that development/construction is occurring in accordance with the approved permit(s) and plans;
… Enforcement - pursuing on-going compliance, commonly initiated on a complaint basis or through observation of district inspectors during their dailytravels. This can precipitate further enquiries, applications, inspections and, in some instances, legal action; and
… Appeals - preparing for and attending appeal processes, most frequently before the Board of Variance and Parking Appeal Board.

Even when a new regulation does incur significant work in the foregoing areas of by-law administration, it may impact each to differing degrees. In addition and most significant is the fact that incremental increases in regulation rarely increase work to the equivalent of an additional full time employee (FTE) in any of the five areas. Fractional FTEs are not particularly practical and specialization of work makes sharing a FTE amongst the areas is unproductive. It is also important to acknowledge the difficulty, current absence of, and cost, in attempting to measure the incremental increase in work associated with individual, additional regulations.

The foregoing have made it very challenging in attempting to match by-law administration staff resources to increasing volume and complexity of regulation. Consequently, staff resource matters historically have been addressed only once the gap between staffing and work levels has increased to the point of significantly compromised service levels.

The Director of Development Services intends to explore better means of monitoring the work impacts of incremental increases in regulation, in close consultation with the forthcoming Director of Inspections, Enforcement and Licensing. It is intended that this will provide Council with the following, when considering future additional regulations:

… measured experience with previous, similar regulations, in order to better advise of the anticipated impact in each of the areas of by-law administration;

… work volume and corresponding staff levels in each of the areas of by-law administration, to address staff resource matters before service levels reach critical levels; and
… more staff analysis of possible difficulties in administering proposed regulation (e.g., enforcement).

FINANCIAL IMPLICATIONS

The adoption of this RS-7S zone for the five study areas will have no major associated costs. Given the current relatively low rate of applications, the increase in staff time required for the administration of the RS-7S zone (landscaping guidelines and external design regulations primarily) can be absorbed by existing staff. Should the application rate increase significantly in the future, Planning and Permits & Licenses will report back to Council seeking additional staff.

For Single Family Dwellings, Two-Family Dwellings, and Multiple Conversion Dwellings, planning application fees will increase, from the current RS-1A or RS-2 rate of $697.00, to $850.00 for typical applications. This reflects the additional staff review time for the Section 4.17 External Design regulations and the Landscaping Guidelines. Fees for Multiple Dwellings and Infill developments will remain unchanged from those charged under the RS-2 zone.

PUBLIC COMMENTS

Aside from the input by the public noted in the Discussion Section and included in the appendices, there have been few letters received by Planning staff. These letters are available from the City Clerk.

COMMUNICATIONS PLAN

Should Council approve this referral report and set a date for a Public Hearing, property owners will be notified and the required media advertisements of the Public Hearing will be placed.

CONCLUSIONS

This report recommends that Council rezone five areas currently zoned either RS-1A or RS-2 to RS-7S, adopt the associated RS-7S Guidelines, and make other consequential changes to policies, guidelines, and by-laws. The RS-7S zone combines the use controls of the former RS-1A and RS-2 and includes new regulations on suites, building envelope, external design, and landscaping, that provide these five study areas with zoning controls already existing in other RS zones. Residents and property owners generally support these proposed rezonings.

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APPENDICES

A. Area Map and Proposed RS-7S District Schedule (on file in City Clerk's Office)

B. RS-7S Guidelines (including RS-7S Explanatory Notes) (Limited Distribution - copies available from City Clerk)

C. Consequential Amendments

D. Spring 1999 Survey Summary Chart

E. Fall 1999 Survey Summary Chart

F. Summary of McIntyre & Mustel Research Associates Phone Survey

APPENDIX C

ADDITIONAL BY-LAWS AND GUIDELINES REQUIRING AMENDMENT

1. Strata Title Policies for RS-1S, RS-5S, RS-7S, and RT-Zones (see attachment).

2. RS-2 Infill and Multiple Dwelling Guidelines:

- add RS-7S reference where RS-2 appears,
- in Section 2 add "For development in the RS-7S zone, consult the RS-7S District Schedule for External Design regulations and the RS-7S Guidelines"; and
- in Appendix add" (d) Photographs showing development on surrounding lots and the streetscape".

3. Multiple Conversion Dwelling Guidelines (RS-1A, RS-2, RS-4, RT-1, RT-2, AND RT-3 Districts):

- add RS-7S reference in districts lists;
- in Section 2 add, "In the RS-7S zone, consult the RS-7S District Schedule for External Design regulations, and the RS-7S Guidelines, Section 8 Landscaping";

- in Section 4.16, in the table amend the 12.2 m reference from 3 to 2 and add footnote* Fractional units are rounded down to next whole unit"; and

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- in Appendix add "(d) Photos of the existing building and buildings on surrounding lots and the streetscape".

4. Parking By-law No. 6059:

- in Section 4.2.1.2 and 4.2.1.3 add RS-7S to district list.

5. Subdivision By-law No. 5208:

- in Schedule A add reference for RS-7S (identical to RS-1A) after RS-6; and
- in Table 2 add reference for RS-7S after RS-2 (30' 3 600 sq. ft.).

6. Sign By-law:

- add RS-7S to Section 9.2, Schedule A.

$.50

Community Services Group

Planning - Land Use and Development Policies and Guidelines

City of Vancouver 453 West 12th Avenue, Vancouver, British Columbia V5Y 1V4
(604) 873 - 7344 Fax (604) 873 - 7060

STRATA  TITLE POLICIES for RS-1S, RS-5S, RS-7S, and RT-Zones.
These guidelines apply to strata titling of units in Multiple Conversion Dwellings, Multiple Dwellings, Infill, and Two-Family Dwellings in the RS-1S, RS-5S, RS-7S, and RT Districts.

In the RS-1S and RS-5S zones:
Adopted by City Council July 31, 1990
Amended July 29, 1997
Amended by Council (date)
Conversions
Council will not entertain any applications to convert previously occupied dwellings to strata title ownership.
New Construction
As a condition of development permit approval for a new Two-Family Dwelling , new Infill, or new Multiple Dwelling, a covenant must be registered against the title of the property that prohibits registration of a strata plan.

In the RS-7S zone:
Adopted by City Council (date).
Conversions
Council will not entertain any applications to convert previously occupied dwellings to strata title ownership where:

(a) the site is less than 668m¾ in area ; or

(b) a suite is approved as a Secondary Suite or a Moratorium Suite as defined in the Vancouver Building By-Law ; or

(c) a suite is approved as a Family Suite* or Phase-Out Suite as defined in the Zoning and Development By-Law.

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New Construction
As a condition of development permit approval for a new Two-Family Dwelling on a site less than 668m¾ in area, a covenant must be registered against the title of the property that prohibits registration of a strata plan.

In RT zones:
Adopted by City Council (date).
Conversions
Applications to convert previously occupied buildings to strata title ownership will be subject to approval by city Council and the process outlined in the City's Strata Title and Cooperative Conversion Guidelines.

New Construction
A covenant restricting registration of a strata plan will not be required as a precondition of development permit approval.

* Subject to conditions, a Family Suite may be occupied by a family member or a full time employee providing support services to the head of household. See Zoning & Development By-law Section 11.12 for more complete information on Family Suites.

NOTE:
Regarding residential uses, the RS-1S and RS-5S zones generally only permit suites where they are rented or Family Suites ( multiple conversion dwelling or two-family dwelling). A suite in an existing or new house may not be strata titled. The same policies apply in the RS-7S zone except where sites are 668m¾ (approx. 7191 Sq. Ft.) or larger in area.

Within an existing house in the RT-zones, a rental or Family Suite, OR a strata titled suite (multiple conversion dwelling) is permitted. However, the construction and safety requirements of the Vancouver Building By-Law for a rental or Family Suite (neither of which may be strata titled) within an existing single-family house are less demanding than for a strata titled suite.

Terms regarding suites are not the same in the Vancouver Building By-Law (VBB) and the Vancouver Zoning & Development By-Law (Z&D). The VBB terms include Secondary Suite , Moratorium Suite, and Group "C" Residential Occupancy Classification. The Z&D By-law terms include Multiple Conversion Dwelling , Two-Family Dwelling, Infill, Family Suite, and Phase-Out Suite. Contact Permits & Licenses staff (VBB) or Planning staff (Z&D) for how these two by-laws apply to your specific situation.

Appendix D
RS-1A and RS-2 Zoning Review

Summary of Spring 1999 Survey Results

Do you wish to change your current zoning to:

(continued)

Appendix E
RS-1A and RS-2 Zoning Review Program

Summary of Fall 1999 Survey Results

Delivery and Returns Summary:

* delivered together

Response rate by residential status:

(continued)

Survey Results Summary

Do you wish to change your zoning to:

Appendix F
RS-1A and RS-2 Zoning Review

Summary of Phone Survey Results (by McIntyre and Mustel Research Assoc.), Jan-Feb 2000

Q.1 Suites: do you wish to change the current zoning to permit legal for-rent or family suites within new and existing single family houses, with or without building additions?

Q.2 Building Envelope: do you wish to change the current zoning to require new houses be subject to tighter building envelope controls and to encourage garages to be detached and located at the lane?

Q.3 Exterior Design: do you wish to add new regulations to your zoning that establish minimum standards for the external design and exterior materials of new houses, major renovations, and additions?

Q.4 Site Landscaping: Do you wish to change your current zoning to offer an optional 4% times the lot area in extra floor space as a means of encouraging compliance with a minimum standard of site landscape planting for new houses, duplexes and multiple conversion dwellings?

* * * * *

(c) 1998 City of Vancouver

1 Complete copies of the survey documents are on file with the City Clerk for review.