SUPPORTS ITEM NO. 2 P&E COMMITTEE AGENDA APRIL 18, 1996 POLICY REPORT URBAN STRUCTURE Date: April 2, 1996 Dept. File No. MG TO: Standing Committee on Planning and Environment FROM: The Director of Central Area Planning and the Director of Land Use and Development, in consultation with the Director of Cultural Affairs, General Manager of Engineering Services, Assistant Chief - Fire Prevention, Manager of the Housing Centre, the Director of Legal Services and the Director of Permits and Licenses SUBJECT: Zoning and Guidelines - Artist 'Live/Work' Studios, Cultural Facilities and Brewery Creek RECOMMENDATIONS A. THAT the Director of Land Use and Development be instructed to make application to amend the Zoning and Development By-law, the Downtown-Eastside/Oppenheimer Official Development Plan and the Parking By-law generally in accordance with Appendix 'A', to amend the provisions regarding artist 'live/work' studios and cultural facilities; FURTHER THAT the Director of Legal Services be instructed to prepare the necessary by-laws; AND FURTHER THAT the application and by-laws be referred to a Public Hearing, together with design guidelines recommended by the Director of Land Use and Development attached in Appendix 'B'. B. THAT, if approved at Public Hearing, the by-law be accompanied at the time of enactment by: (i) the 'Artist Studio Guidelines', to be amended by resolution of Council; (ii) amendments to the C-1 Residential Guidelines, C-2B, C-2C and C-2C1 Guidelines, C-2 Residential Guidelines, Burrard Slopes C-3A Guidelines, Broadway Station Area C- 3A Guidelines, Central Broadway C-3A Urban Design Guidelines, Main Street C-3A Guidelines, Arbutus Neighbourhood C-7 and C-8 Guidelines, East False Creek FC-1 Guidelines and the Burrard Slopes IC Districts Interim Policies, to be adopted by resolution of Council; (iii) IC-3 Brewery Creek Guidelines, Strata Title Conversion Guideline for Artist Studios in Industrial Districts, and Downtown District and IC-3 District Policies and Procedures for Low Cost Rental Artist Studios, to be adopted by resolution of Council. GENERAL MANAGER'S COMMENTS The General Manager of Community Services RECOMMENDS approval of the foregoing. - 2 - COUNCIL POLICY In 1987, Council amended the Zoning and Development By-law, the Building By-law and the Parking By-law to encourage the provision of affordable and appropriate artist 'live/work' studios. Artist studios are permitted as a conditional approval use in all industrial zones, in most commercial zones, historic zones, and some Official Development Plans. An artist studio is permitted to have an associated integrated dwelling unit, creating a 'live/work' studio. Wherever permitted, they are subject to regulations contained in Sections 11.18 and 11.19 of the Zoning and Development By-law and to the Council approved "Artist Studio Guidelines". On March 28, 1995, Council approved policies to: - encourage the provision of legal, safe, functional and affordable artist 'live/work' studios; - encourage on- and off-site amenities; and - discourage the displacement of industrial and business service uses in I, IC-1, IC-2 and M districts. On March 28, 1995, Council also directed staff to apply the new restrictions for artist 'live/work' studio developments in industrial areas (i.e. limited to rentals in existing buildings and, in certain cases, with time-limited permits) to development applications submitted after the approval of the new policies. SUMMARY This report recommends the referral of zoning amendments to public hearing and the consideration of associated guideline amendments that will implement Council's decisions on artist 'live/work' studios. These include: - restrictions on the development of artist 'live/work' studios in industrial areas; - elimination of the 30% limit on residential use in 'live/work' studios; - provisions for density bonuses for secured affordable rental 'live/work' studios; - increased parking requirements; and - encouragement for more functional and liveable studios, including improved noise mitigation. Although it is proposed that artist 'live/work' studios will continue to be permitted in all zones where they are currently permitted, it is recommended that they also be permitted in the C-1 District. Guidelines are also proposed to encourage the recognition of Brewery Creek in the Mount Pleasant IC-3 District on lands where the watercourse was once located and to encourage community involvement in development proposals. Lastly, a revised parking requirement for rehearsal studios is recommended to distinguish this cultural use from theatres and halls. PURPOSE The purpose of this report is to recommend the referral of zoning and parking by-law amendments to public hearing and to present to Council the draft design guidelines. The proposed zoning amendments and guidelines will implement policies approved by Council on artist 'live/work' studios, cultural facilities and Brewery Creek. - 3 - BACKGROUND On March 28, 1995 Council approved policies that addressed the following issues identified through experience with artist 'live/work' studios: - Where should artist 'live/work' studios be permitted? - Should restrictions be placed on artist 'live/work' studios in industrial areas? - Is the 30% limit on residential floor space in artist 'live/work' studios practical? - How can affordable rental studios be encouraged for low-income artists? - How can studios be safe, functional and livable? Since 1987, 713 artist 'live/work' studios have been built or are under construction. Of these, 20% are rentals, 56% are located in the Mount Pleasant IC-3 district and 14% are in the I, M, IC-1 and IC-2 districts. DISCUSSION The recommended artist 'live/work' studio zoning and parking by-law and guideline amendments will, if approved, achieve the following: - they limit artist 'live/work' studios in industrial areas (except IC-3) to rentals in existing buildings and in certain cases, time-limited permits and to those involving industrial production processes or the amplification of sound; - they eliminate the 30% limit on residential use in artist 'live/work' studios; - they provide density bonuses for secured low cost rental artist 'live/work' studios and non-profit cultural facilities; - they encourage amenities such as common workshops, ventilation, extra wide doors, larger elevators, storage space and noise mitigation; and - they increase parking requirements. The by-law and guideline amendments, attached as Appendices 'A' and 'B' implement the policies approved by Council on March 28, 1995. Artist 'live/work' studios will continue to be permitted in all zones where they are currently permitted, including most commercial and historic districts, and most Official Development Plans (including the Downtown District, the Downtown-Eastside-Oppenheimer District and other districts). Many of the attached by-law amendments are required to distinguish between: 1. Artist Studio - Class B which will involve industrial processes, on-site film processing (i.e. dark rooms) and the production of art involving amplified sound (i.e. dancers or musicians); and 2. Artist Studio - Class A, (i.e. studios which do not involve industrial processes or amplified sound). Currently, the zoning by-law permits the full range of artist studio - 4 - activities under one use designation. As is the case now, Artist Studio Class - A and B will be conditional approval uses in almost all zones. However, it is proposed that Artist Studio Class - A (studios not involving industrial processes or amplified sound) should be an outright approval use in the HA-1 and HA- 1A (Chinatown), HA-2 (Gastown) and HA-3 (Yaletown) districts. Staff regard Artist Studio - Class A as a use similar to residential which is currently an outright approval use in HA-1, HA-1A and HA-3. The Chinatown Historic Area Planning Committee and the Gastown Historic Area Planning Committee support the designation of Artist Studio - Class A as an outright approval use. C-1 Districts The proposed amendments would also introduce artist 'live/work' studio as a conditional approval use in the C-1 District at the same density as permitted for residential use. C-1 zoning typically applies to small sites located on arterials or collectors adjacent to residential areas. In the C-1 District, staff recommend that Council consider permitting Artist Studio - Class B (ie. studios using industrial processes or involving amplified sound) as well as Artist Studio - Class A. In consideration of permitting Class B studios in locations commonly surrounded by low density residential development, Council is advised that there may be a use compatibility problem created, with adverse impacts on adjacent single-family homes. However, a review of existing studios in locations adjacent to residential districts indicates such problems have not arisen. The Building By-law will be amended to require a higher level of noise mitigation for Artist Studio - Class B than that required for residential uses. Artist Studio - Class B will also permit among other uses photography and painting. By permitting Artist Studio - Class B, studios will be built to higher fire and safety standards than those applying to Artist Studio - Class A. Neighbours of proposed Artist Studio - Class B development will be notified of development permit applications. Based on discussions with developers, staff conclude they will be few in number. At the public hearing, Council can choose to either include Artist Studio - Class B as a permitted use in C-1 or delete this use from the draft by-law amendments. Production or Rehearsal Studio The Director of Cultural Affairs has requested that the Zoning and Development and Parking By-laws be amended to expand the current definition of "Production Studio" to include rehearsal studios. The proposed definition of this use will permit the rehearsal of 'live' productions in most historic and industrial districts and C- 3A, C-7, C-8 and FC-1. This amendment to the definition is proposed because rehearsal studios are the same size and have a similar number of occupants as production studios. Currently, arts groups establishing a rehearsal studio must comply with much higher building code and parking requirements which typically apply to public productions in theatres and halls. This amendment will facilitate the provision of lower cost arts rehearsal spaces by applying revised building code and parking requirements. Brewery Creek in the IC-3 District (Mount Pleasant) In response to comments received during the policy review, Council approved a policy calling for the recognition of Brewery Creek through open space on the site of the former water course, design elements and, where feasible, daylighting the creek. Community input on development proposals is also suggested. The attached guidelines (Appendix 'B') - 5 - will implement this policy. ENVIRONMENTAL IMPLICATIONS Artist 'live/work' studios assist in the reduction of vehicle trips by permitting home and work in the same unit. CONCLUSION The recommended by-law and guideline amendments will encourage legal, safe, affordable and functional artist 'live/work' studios and the provision of amenities and cultural facilities and discourage the displacement of business service and industrial uses. * * * * * ARTIST 'LIVE/WORK' STUDIOS ZONING AND DEVELOPMENT BY-LAW AMENDMENTS SECTION 2 Explanation: The following amendment will distinguish between artist studios involving industrial processes or generating noise impacts from those that do not involve such processes or impacts. Amendment: (Deleted text is struck out and new text is in italics) - under Cultural and Recreational Uses: Current Definition: "Artist Studio, which means the use of premises with a maximum floor area of 500 m› for the production of paintings, drawings, pottery, sculpture, ceramics, video, moving or still photography, creative writing, dance or music;" The proposed definitions: "Artist Studio - Class A, which means the use of premises for the production of dance, live music, creative writing, painting, drawings, pottery or sculpture, video, moving or still photography, none of which involves amplified sound or one or more of the materials or processes specified under Artist Studio - Class B; Artist Studio - Class B, which means the use of premises for the production of (a) dance or live music involving electronically amplified sound, (b) moving or still photography (excluding video) involving on-site film processing, (c) paintings, drawings, pottery or sculpture involving the use of fibreglass, epoxy and other toxic or hazardous materials or one or more of the following processes: welding, woodworking, spray painting, silk screening or fired ceramics;" Explanation: The following amendment will broaden the definition of production studios to include rehearsal studios and thereby clarify which Building By-law and Parking By-law provisions apply to rehearsal studios. Amendment: (Italics indicates amendment) - under Service Uses, amend the definition for "Production Studio" as follows: "Production or Rehearsal Studio, which means the use of premises for the production of motion pictures, videos, television or radio programs or sound recordings or for the rehearsal of dance, music or drama, but does not involve the presence of an audience and does not include Artist Studio - Class A, Artist Studio - Class B or Theatre;"SECTIONS 11.18 and 11.19 Explanation: The following amendments will eliminate the minimum size requirement for the space devoted to art production. They introduce a regulation prescribing a maximum size for artist studios that was previously in the Zoning and Development By-law definition of artist studios. Legal staff advise that this is a regulation and should be in Section 11 rather than being included as part of the definition. Amendment: (deleted text is struck out and new text is in italics) 11.18.2 Artist Studio - Class A and Class B "Where an artist studio is combined with a residential unit, the minimum area for the space solely devoted to art production is 70 percent of the combined floor area of the artist studio and the residential unit associated with it.The maximum area for an artist studio - Class A or Class B shall be 500 m›." Explanation: These amendments delete the regulation which prescribes the maximum size of the residential quarters. There is an added provision that allows for relaxing the 2 person limit on the occupancy of studios in specified circumstances. There is also a regulation added for the minimum and maximum size of artist studios. Lastly, all references to "artist studio" in the by-law must be amended to reflect the two new uses of "artist studio - class A and artist studio - class B." Amendment: (deleted text is struck out and new text is in italics) 11.19 Residential Unit Associated with an Artist Studio - Class A and Class B 11.19.1 The maximum area for the residential unit associated with and forming an integral part of an artist studio shall be the lesser of 37 m› or 30 percent of the combined floor space of the artist studio and the residential unit associated with it. 11.19.21 "No more than 2 persons may occupy the residential unit associated with an artist studio - class A or class B. The Director of Planning may relax this occupancy limit for a residential unit associated with an artist studio - class A in an IC-3, HA or C district, provided that: (a) a ventilated workshop space is provided in a room separated from the residential units; (b) the Director of Planning considers the submission of any advisory group, property owner or tenant and all applicable policies and guidelines adopted by Council." 11.19.2 The total minimum and maximum size of an Artist Studio - Class A or Artist Studio - Class B when combined with a residential unit associated with and forming an integral part of an Artist Studio - Class A or Class B shall be 47 m› and 500 m›, respectively." USE Explanation: The following amendments will insert the new Artist Studio - Class A and Class B designations for this use in District Schedules where Artist Studios are currently permitted. In the following districts they will be permitted as conditional approval uses reflecting how they are currently permitted in the Zoning and Development By-law. Amendments: (New text is in italics) - Delete "Artist Studio, subject to the provisions of section 11.18 of this By-law." section 3.2.C of the RT-3, C-2, C-2B, C-2C, C-2C1, C-3A, FC-1, IC-1, IC-2 and IC-3 District Schedules, section 3.2.1.C of the C-5 and C-6, and the C-7 and C-8 District Schedules and replace with: "Artist Studio - Class A, subject to the provisions of section 11.18 of this By- Law. Artist Studio - Class B, subject to the provisions of section 11.18 of this By- Law." Explanation: The following amendments changes the wording for the use "residential unit associated with...an artist studio" so that this use refers to both "artist studio - class A and artist studio - Class B." This use will be a conditional approval use in the following districts. Amendment: (new text is in italics) - Amend section 3.2.DW of the RT-3, C-2, C-2B, C-2C, C-2C1, C-3A, FC-1, IC-1, IC-2, and IC-3 District Schedules, section 3.2.1.DW of the C-5 and C-6, and the C-7 and C-8 District Schedules as follows: "Residential Unit associated with and forming an integral part of an Artist Studio - Class A or Artist Studio - Class B, subject to the provisions of section 11.19 of this By-law." Explanation: The following amendments introduce the restrictions on the development of artist studios in all industrial areas (except IC-3) to studios which are rentals in existing buildings involving industrial processes or having noise impacts (i.e. Artist Studio - Class B). Amendments (New text is in italics) - Delete "Artist Studio, subject to the provisions of section 11.18 of this By-law." from section 3.2.C of the MC-1, M-1, M-1A, M-1B, M-2 and I-1 District Schedules and replace with the following: "Artist Studio - Class B, subject to the provisions of section 11.18 of this By- law, and provided that the change of use applies to floor space existing as of date of enactment and additions are limited to a maximum of 10 percent of the existing floor space." - Amend section 3.2.DW of the MC-1, M-1, M-1A, M-1B, M-2 and I-1 District Schedules as follows: "Residential Unit associated with and forming an integral part of an Artist Studio - Class A or Artist Studio - Class B, subject to the provisions of section 11.19 of this By-law." Explanation: The following amendments designate Artist Studio - Class A as an outright approval use and Artist Studio - Class B as a conditional use in the HA-1 and HA-1A Districts (Chinatown), HA-2 (Gastown) and the HA-3 District (Yaletown). Amendments: (New text is in italics) - Amend section 2.2.1.C of the HA-1 and the HA-1A Districts Schedule by deleting: "Artist Studio . . . . of this By-law." - Amend section 2.2.1.DW of the HA-1 and HA-1A Districts Schedule by deleting: "Residential Unit . . . . By-law." - Amend section 3.2.C of the HA-2 and HA-3 District Schedules by deleting: "Artist Studio . . . of this By-law." - Amend section 3.2.DW of the HA-2 and HA-3 District Schedules by deleting: "Residential Unit...By-law." - Amend section 2.2.1.C of the HA-1 and HA-1A Districts Schedule by inserting before the use term "Club" the following: "Artist Studio - Class A, subject to the provision of section 11.18 of this By- law. - Amend section 3.2.C of the HA-1 and HA-1A Districts Schedule by inserting before the use term "Billiard Hall" the following: "Artist Studio - Class B, subject to the provisions of section 11.18 of this By- law." - Amend section 2.2.1.DW of the HA-1 and HA-1A Districts Schedule by inserting after the use term "Dwelling Uses": "Residential Unit associated with and forming an integral part of an Artist Studio - Class A, subject to the provisions of section 11.19 of this By-law." - Amend the HA-1 and HA-1A Districts Schedule by inserting before section 3.2.I the following: "3.2.DW [Dwelling] Residential Unit associated with and forming an integral part of an Artist Studio - Class B, subject to the provisions of section 11.19 of this By-law." - Amend section 2.2 of the HA-2 District Schedule by inserting before section 2.2.R, the following: "2.2.C [Cultural and Recreational] Artist Studio - Class A, subject to the provisions of section 11.18 of this By- law." - Amend section 2.2 of the HA-2 District Schedule by inserting after the new section 2.2.C, the following: "2.2.DW [Dwelling] Residential Unit associated with and forming an integral part of an Artist Studio - Class A, subject to the provisions of section 11.19 of this By-law." - Amend section 3.2.C of the HA-2 District Schedule by inserting before the use term "Hall" the following: "Artist Studio - Class B, subject to the provisions of section 11.18 of this By- law." - Amend section 3.2.DW of the HA-2 District Schedule by inserting after the use term "Dwelling Uses" the following: "Residential Unit associated with and forming an integral part of an Artist Studio - Class B, subject to the provisions of section 11.19 of this By-law." - Amend section 2.2.C of the HA-3 District Schedule by inserting before the use term "Billiard Hall" the following: "Artist Studio - Class A, subject to the provision of section 11.18 of this By- law. - Amend section 3.2.C of the HA-3 District Schedule by inserting before the use term "Park or Playground" the following: "Artist Studio - Class B, subject to the provisions of section 11.18 of this By- law." - Amend section 2.2.DW of the HA-3 District Schedule by inserting after the use term "Dwelling Uses" the following: "Residential Unit associated with and forming an integral part of an Artist Studio - Class A, subject to the provisions of section 11.19 of this By-law, provided that no portion of the first storey of a building shall be used for residential purposes except for entrances to the residential portion or accessory uses to the residential portion including storage, locker and laundry areas, and communal recreation facilities." - Amend section 3.2.DW of the HA-3 District Schedule by inserting the following: "Residential Unit associated with and forming an integral part of an Artist Studio - Class B, subject to the provisions of section 11.19 of this By-law." Explanation: The following amendment introduces Artist Studio - Class A and Class B and the associated residential unit as conditional approval uses in the C-1 District Schedule. Amendments: (New text is in italics) - Amend the C-1 District Schedule by: - inserting in section 3.2.C, the following new use terms before the use term "Billiard Hall": "Artist Studio - Class A, subject to the provisions of section 11.18 of this By-law. Artist Studio - Class B, subject to the provisions of section 11.18 of this By-law." - inserting in section 3.2.DW the following new use term immediately following the use term "Multiple Conversion Dwelling": "Residential Unit associated with and forming an integral part of an Artist Studio - Class A or Artist Studio - Class B, subject to the provisions of section 11.19 of this By-law." Explanation: The following amendments introduces rehearsal studio as a permitted use in all District Schedules where production studios are currently permitted. This use is also introduced into the C-7 and C-8 Districts Schedule as a conditional approval use because staff concluded that it was an appropriate use for those portions of the Arbutus Lands which are designated for mixed uses through the C-7 and C-8 zoning. Amendment: (New text is in italics) - Replace the use term "Production Studio" with "Production or Rehearsal Studio" in section 3.2.S of the C-3A, FC-1, HA-2, MC-1, and M-1A District Schedules and section 2.2.S of the M-1, M-1B, M-2, IC-1, IC-2, IC-3, I-1, and HA-3 District Schedules and section 2.2.1.S of the HA-1 and HA-1A Districts Schedule. - Insert the new use term "Production or Rehearsal Studio" after the use term "Neighbourhood Public House" in section 3.2.1.S of the C-7 and C-8 District Schedules. FSR Explanation: The following amendment clarifies that artist studios and the associated residential units have the same maximum permitted density as other residential uses in the C-1,C- 2, C-2B, C-2C, C-2C1 and MC-1 District Schedules. Amendment: (New text is in italics) - Amend section 4.7.1 of the C-1 District Schedule as follows: "4.7.1 The floor space ratio shall not exceed 1.20, except that the floor space ratio for dwelling uses including artist studio - class A or class B, shall not exceed 0.75." - Amend section 4.7.1 of the C-2 District Schedule as follows: "4.7.1 The floor space ratio shall not exceed 3.00, except that the floor space ratio for dwelling uses including artist studio - class A or class B, shall not exceed 2.50." - Amend section 4.7.1 of the C-2B District Schedule as follows: "4.7.1 The floor space ratio shall not exceed 1.50 in the case of a site used for purely residential uses, and in all other cases 2.50 to be distributed as follows and for the purposes of the computation of floor space ratio, an artist studio - class A or class B and the associated residential unit shall be considered a residential use:" - Amend section 4.7.1 of the C-2C and C-2C1 District Schedules as follows: "4.7.1 The floor space ratio shall not exceed 1.20 in the case of office uses, 1.50 in the case of a site used for purely residential uses, including artist studio - class A or class B, and 3.00 in all other cases." - Amend section 4.7.1 of the MC-1 District Schedule as follows: "4.7.1 The floor space ratio shall not exceed 2.50, subject to the following and for the purposes of the computation of floor space ratio, an artist studio - class A or class B and the associated residential unit shall be considered a residential use:" - Amend section 4.7.1(a) of the HA-3 District Schedule as follows: "4.7.1 (a) The maximum floor space ratio for dwelling use, including artist studio - class A or class B, shall be 3.0" Explanation: The following amendment reduces the permitted FSR for artist studios in the IC-3 District (Brewery Creek) from 3.0 to 2.5. Amendment: (New text is in italics) "4.7.1 The floor space ratio shall not exceed 3.00, subject to the following: (a) the maximum floor space ratio shall be 1.00 for all uses other than artist studio - class A, artist studio - class B, manufacturing uses, retail store, school, theatre, transportation and storage uses, and wholesaling - class A; (b) the maximum floor space ratio shall be 2.5 for artist studio - class A and class B and the associated residential unit; (c) the floor area in retail uses, including accessory retail, shall not exceed 1 000 m›." FSR EXCLUSIONS AND RELAXATIONS OF REGULATIONS Explanation: The following amendments will ensure that the same FSR exclusions and relaxations of regulations currently permitted for residential uses are also applicable to artist studios and the associated residential units. Amendments: (deleted text is struck out and new text is in italics): - Amend the RT-3 District Schedule as follows: "4.7.3 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 Director of Planning, are similar to the foregoing, provided that the total area of all exclusions does not exceed eight percent of the permitted residential floor area; (b) patios and roof gardens, provided that the Director of Planning first approves the design of sunroofs and walls; (c) where floors are used for off-street parking and loading, bicycle storage in multiple conversion dwellings containing 3 or more units or in multiple dwellings, artist studio - class A, artist studio - class B, residential units associated with and forming an integral part of an artist studio - class A or class B or uses which in the opinion of the Director of Planning are similar to the foregoing, those floors or portions thereof so used, which: (i) are at or below the base surface, provided that the maximum exclusion for a parking space shall not exceed 7.3 m in length; or (ii) are above the base surface and where developed as off-street parking are located in an accessory building situated in the rear yard, provided that the maximum exclusion for a parking space shall not exceed 7.3 m in length." - Amend section 5.4 of the C-2B District Schedule as follows: "5.4 The Development Permit Board or the Director of Planning, as the case may be, may relax any of the regulations of this Schedule for the following developments: (a) dwelling units in conjunction with any of the uses listed in this Schedule and residential units associated with and forming an integral part of an artist studio - class A or class B, except that the 10.7 m non-residential setback shall not be relaxed; (b) office uses, provided that in determining the amount of any relaxation that may be permitted, the Development Permit Board or the Director of Planning, as the case may be, shall consider, where applicable, the amount and quality in the provision of: (i) landscaping; (ii) usable resident open space provided by balconies, decks, roof gardens and courtyards; (iii) individual dwelling units and residential units associated with and forming an integral part of an artist studio - class A or class B; and (iv) light and air available to individual dwelling units and residential units associated with and forming an integral part of an artist studio - class A or class B." - Amend section 4.7.3 of the M-1, M-1A, M-1B, and M-2 District Schedules as follows: "4.7.3 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 Director of Planning, are similar to the foregoing, provided that the total area of all exclusions does not exceed eight percent of the residential floor area being provided; (b) where floors are used for off-street parking and loading, 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: (i) are at or below the base surface, provided that the maximum exclusion for a parking space shall not exceed 7.3 m in length; or (ii) are above the base surface and where developed as off-street parking are located in an accessory building situated in the rear yard, provided that the maximum exclusion for a parking space shall not exceed 7.3 m in length. (c) amenity areas for the social and recreational enjoyment of residents and employees, or providing a service to the public, including facilities for general fitness, general recreation and child day care provided that: (i) the total area being excluded shall not exceed the lesser of 20 percent of the permitted floor space or 100 m›; and (ii) in the case of a child day care centre, the Director of Planning, on the advice of the Director of Social Planning, is satisfied that there is a need for a day care facility in the building or in the immediate neighbourhood; . (d) storage space associated with an artist studio - class B where the space is provided below the base surface and subject to a maximum exclusion of 20 m› for each artist studio - class B." - Amend the IC-1 and IC-2, and IC-3 District Schedules as follows: "4.7.3 The following shall be excluded in the computation of floor space ratio: (a) not applicable open residential balconies or sundecks and any other appurtenances which, in the opinion of the Director of Planning, are similar to the foregoing, provided that the total area of all exclusions does not exceed eight percent of the residential floor area being provided; (b) not applicable patios and roof gardens, for residential purposes only, provided that the Director of Planning first approves the design of sunroofs and walls; (c) where floors are used for off-street parking and loading, 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 off-street parking spaces do not have a length of more than 7.3 m for the purpose of exclusion from floor space ratio computation; (d) storage space associated with an artist studio - class A or artist studio - class B where the space is provided below the base surface and subject to a maximum exclusion of 20 m› for each artist studio - class A or class B; and (e) amenity areas, including child day care facilities, recreation facilities and meeting rooms accessory to a residential use, to a maximum total area of 10 percent of the total building floor area." - Amend the I-1 District Schedule as follows: 4.7.3 The following shall be excluded in the computation of floor space ratio: (a) not applicable open residential balconies or sundecks and any other appurtenances which, in the opinion of the Director of Planning, are similar to the foregoing, provided that the total area of all exclusions does not exceed eight percent of the residential floor area being provided; (b) not applicable patios and roof gardens, for residential purposes only, provided that the Director of Planning first approves the design of sunroofs and walls; (c) where floors are used for off-street parking and loading, 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 off-street parking spaces do not have a length of more than 7.3 m for the purpose of exclusion from floorspace ratio computation: (i) are at or below the base surface, provided that the maximum exclusion for a parking space shall not exceed 7.3 m in length; or (ii) are above the base surface and where developed as off-street parking are located in an accessory building situated in the rear yard, provided that the maximum exclusion for a parking space shall not exceed 7.3 m in length. (d) storage space associated with an artist studio - class B where the space is provided below the base surface and subject to a maximum exclusion of 20 m› for each artist studio - class B; and (e) amenity areas, including child day care facilities, recreation facilities and meeting rooms accessory to a residential use, to a maximum total area of 10 percent of the total building floor area." OTHER IC-3 DISTRICT AMENDMENTS Explanation: The following amendments introduce the double counting of FSR where ceiling heights exceed 3.7 m (12 ft.). Amendment: (new text is in italics) "4.7.2 The following shall be included in the computation of floor space ratio: (a) all floors of all buildings, both above and below ground level, to be measured to the extreme outer limits of the building; (b) in the case of dwelling uses, Artist Studios - Class A and Artist Studio - Class B, where the distance from a floor to the floor above or where there is no floor above to the top of the roof rafters or deck exceeds 3.7 m, an additional amount equal to the area of the floor area below the excess height except the additional amount shall not be counted in the case of undeveloped floor areas beneath roof elements which the Director of Planning considers to be for decorative purposes and to which there is no means of access other than a hatch, residential lobbies and mechanical penthouses." Explanation: The following amendment allows for the relaxation of FSR (i.e. density bonusing) in the IC-3 District in cases where a cultural facility is provided. Amendment: (new text is in italics) - Insert the following new subsection 4.7.5: "4.7.5 Where a need for a cultural facility has been demonstrated to the satisfaction of the Development Permit Board or Director of Planning, the Development Permit Board or Director of Planning may increase the maximum floor space ratio for any one building, which includes one or more of such facilities. The Development Permit Board or the Director of Planning will require that any such facility be preserved in the public domain by way of a registered agreement and operated by the City or its delegates. In determining the increase in floor area that may be permitted, the Development Permit Board or Director of Planning shall consider: (a) the construction cost of the facility: (b) any costs to the developer of continuing maintenance required for the facility; (c) the rental value of the increased floor area; (d) the value of any authorized relaxation of other restrictions; (e) the opinion of City Council; and (f) all applicable policies and guidelines adopted by Council;" Explanation: The following amendment provides for the relaxation of FSR (i.e. density bonusing) in the IC-3 District for the provision of low cost rental studios. Amendment: (new text is in italics) - Insert the following new subsection 4.7.6: "4.7.6 The Director of Planning or the Development Permit Board may, for any development where a residential unit is being provided in conjunction with and forming an integral part of an artist studio - Class A or artist studio - Class B, permit an increase in floor space ratio, subject to prior approval by City Council, and the securing of a Housing Agreement and provided that the residential unit is occupied by persons receiving income equal to or less than the income defined by the British Columbia Housing Management Corporation as 'core need'. In determining the amount of the increase in floor space ratio that may be permitted by this section 4.7.6, the Director of Planning or the Development Permit Board, with advice from the Manager of the Housing Centre and the Manager of Real Estate, shall consider: (a) the cost to the developer of adhering to the conditions of the housing agreement; (b) the value of the increased floor area; (c) the value of any relaxation of other regulations; (d) the impact upon livability and environmental quality of the neighbourhood; and (e) all applicable policies and guidelines adopted by Council." DOWNTOWN-EASTSIDE OPPENHEIMER DISTRICT Currently, the Official Development Plan for the Downtown-Eastside Oppenheimer District permits artist studios and the associated residential unit in all sub-areas. All the amendments below introduce the same provisions as proposed for the Zoning and Development By-law to implement Council policy. Explanation: The first set of amendments will eliminate the minimum size requirement for the space devoted to art production. It introduces a regulation prescribing a maximum size for artist studios that was previously in the definition of artist studios in the Zoning and Development By-law. Legal staff advise that this is a regulation and should be in this section rather than being included as part of the definition. Amendments: (deleted text is struck out and new text is in italics) "3.3 (a) Artist Studio - Class A and Class B (ii) "Where an artist studio is combined with a residential unit, the minimum area for the space solely devoted to art production is 70 percent of the combined floor area of the artist studio and the residential unit associated with it.The maximum area for an artist studio - Class A or Class B shall be 500 m›." Explanation: The regulations prescribing the maximum size of the residential quarters is deleted. Similar to that proposed for the Zoning and Development By-law, there is also a provision for relaxing the 2 person limit on the occupancy of studios in specified circumstances and the designation of a minimum and maximum size for artist studios and studios combined with a residential unit. Lastly, all references to artist studio in the this Official Development Plan must be amended to reflect the two new uses - artist studio - class A and artist studio - class B. Amendment: (deleted text is struck out and new text is in italics) "3.3 (b) Residential Unit Associated with an Artist Studio - Class A and Class B (i) The maximum area for the residential unit associated with and forming an integral part of an artist studio shall be the lesser of 37 m› or 30 percent of the combined floor space of the artist studio and the residential unit associated with it. (ii)(i) No more than 2 persons may occupy the residential unit associated with an artist studio - class A or class B. The Director of Planning may relax this occupancy limit for the residential unit associated with artist studio - class A provided that: (A) a ventilated workshop space is provided in a room separated from the residential units; (B) the Director of Planning considers the submission of any advisory group, property owner or tenant and all applicable policies and guidelines adopted by Council. (ii) The total minimum and maximum size of an Artist Studio - Class A or Artist Studio - Class B when combined with a residential unit associated with and forming an integral part of an Artist Studio - Class A or Class B shall be 47 m› and 500 m›, respectively." Explanation: These amendments revise the permitted use sections of the four sub-areas in the Downtown-Eastside Oppenheimer District where artist studios are currently permitted so that reference is made to Artist Studio - Class A and Class B. Amendments: (New text is in italics) - Amend section 4.2(c) by deleting "artist studio", and replacing with "artist studio - class A and artist studio - class B". - Amend sections 5.2(c) and 7.2(e) by deleting "Artist studio", and replacing with "Artist studio - class A and Artist studio - class B". - Amend section 6.2(c) by deleting "artists studio" and replacing with "artist studio - class A and artist studio - class B." PARKING BY-LAW AMENDMENTS Explanation: The following amendments revise the Parking By-law to insert the higher parking space requirement approved by Council and change all Parking By-law references to Artist Studio so that they indicate Artist Studio - Class A and Artist Studio - Class B. Amendments: (New text is in italics) - Amend section 4.2.4.10 by deleting "Artist Studio" in Column 1 and "A minimum of one space for every studio" in Column 2 and replacing with" "Artist Studio - Class A; Artist Studio - Class B" in column 1 and "A minimum of one space for every studio of 75 square metres or less of gross floor area, 1.3 spaces for every studio over 75 square metres of gross floor area and one additional space per 12 studios on sites with 12 or more studios" in column 2. - Amend section 5.2.3 by deleting "Artist Studio" from Column 1 and replacing with "Artist Studio - Class A; Artist Studio - Class B;" - Amend section 6.2.1.3 by deleting "Artist Studio" and replacing with "Artist Studio - Class A and Class B" - Amend section 6.2.3.5 by deleting "Artist Studio" and replacing with "Artist Studio - Class A and Class B" Explanation: This set of amendments changes the parking and loading requirements in the Parking By- law for Production Studio so that they also refer to Rehearsal Studio. - Amend section 4.2.5.7 by deleting "Production Studio" from Column 1 and replacing with "Production or Rehearsal Studio" - Amend section 5.2.4 by deleting "Production Studio;" from Column 1 and replacing with "Production or Rehearsal Studio;" gor/008-4555Other Guideline Amendments 1. Amend the Application and Intent sections of the C-1 Residential Guidelines, C-2B, C-2C and C-2C1 Guidelines, C-2 Residential Guidelines, Broadway Station Area C-3A Guidelines, Main Street C-3A Guidelines, and the East False Creek FC-1 Guidelines by inserting the following as the last paragraph: "Wherever reference is made in these guidelines to residential uses, the provision also applies to Artist Studio - Class A, Artist Studio - Class B and the associated residential unit." 2. Amend the Application and Intent sections of the Burrard Slopes C-3A Guidelines, Arbutus Neighbourhood C-7 and C-8 Guidelines, and Burrard Slopes IC Districts Interim Policies by inserting the following as the last paragraph: "Wherever reference is made in these guidelines to residential uses (with the exception of the Compatibility Matrix), the provision also applies to Artist Studio - Class A, Artist Studio - Class B and the associated residential unit." 3. Amend the Explanatory Note of the Central Broadway C-3A Urban Design Guidelines by inserting the following as the last paragraph: "Wherever reference is made in these guidelines to residential uses, the provision also applies to Artist Studio - Class A, Artist Studio - Class B and the associated residential unit." 4. Amend the Residential Compatibility Matrices in the Burrard Slopes C-3A Guidelines, Arbutus Neighbourhood C-7 and C-8 Guidelines, and Burrard Slopes IC Districts Interim Policies as follows: delete Artist Studio and insert Artist Studio - Class A as a "Compatible" use and Artist Studio - Class B as an "Incompatible " use. 5. Amend the Residential Compatibility Matrix of the Arbutus Neighbourhood C-7 and C-8 Guidelines as follows: add "Production or Rehearsal Studio" as an "incompatible" use.