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.