Agenda Index City of Vancouver

ADMINISTRATIVE REPORT

TO:

Vancouver City Council

FROM:

Director of Community Planning

SUBJECT:

Possible Withholding Action for 2596 Kitchener Street - Clinton Park West RS-1S Interim Zoning Review Study Area

 

RECOMMENDATION

OR

GENERAL MANAGER’S COMMENTS

COUNCIL POLICY

On September 10, 1998, Council referred RS-5S zoning for the Clinton Park West RS-1S area to Public Hearing.

PURPOSE

The purpose of this report is to ask for a decision on the possible withholding of a development application received on September 28, 1998.

BACKGROUND

On May 9, 1996, Council approved an Interim Zoning Review for RS-1 and RS-1S areas. In February and March of 1998, a telephone survey was conducted in the Clinton Park West area, which showed 57% support for changing the existing RS-1S zoning. Council-approved policy sought a minimum 60% support for change in order to proceed to Public Hearing. Based on this policy, residents and property owners were informed by letter that no change to the current zoning was anticipated at that time. In accordance with this policy, staff recommended to Council not to proceed to Public Hearing regarding changing the zoning. On September 10, 1998, at a meeting of the Planning and Environment Committee, after hearing from the public, Council decided the support was sufficient to refer RS-5S zoning for the Clinton Park West RS-1S area to Public Hearing. The Public Hearing has been scheduled for November 17, 1998.

Section 570 of the Vancouver Charter became applicable to the Clinton Park West RS-1S area upon referral to Public Hearing. This section enables Council to withhold permits for 30 days for assessment and, following a subsequent report, a further 60 days pending conclusion of the proposed rezoning. The purpose of withholding action is to prevent development applications which are at variance or in conflict with a proposed zoning from being processed until the proposed zoning has been considered at a Public Hearing. However, because the proposed zoning has not been adopted by Council, in order to be approved, the application must also conform with the existing zoning.

In the event Council withholds issuance of a permit and the rezoning is ultimately refused, or approved to the extent that the permit withheld would comply, the City is liable for damages suffered by the owner.

DISCUSSION

On September 28, 1998, staff received an application to construct a new single-family dwelling under RS-1S at 2596 Kitchener Street.

Staff met with the applicant to discuss the implications of the proposed rezoning to RS-5S, and the likelihood that an application that met only the requirements of RS-1S would be withheld. The applicant decided to submit the design unchanged. Site surveys submitted with the application are dated September 10, 1998.

1. RS-1S Conformity

2. RS-5S Conformity as an Outright application

3. RS-5S Conformity as a Discretionary application

CONCLUSION

Based on the non-conformance of the application with the proposed RS-5S zoning, staff would usually recommend withholding the Combined Development and Building Permit for 30 days from the date of submission and for an additional 60-day period.

However, in this case, the applicant has shown documents that indicate that there were intentions of constructing a new house as of Council’s decision to refer the rezoning to Public Hearing. Additionally, prior to the referral to public hearing, area residents and property owners were informed that based on the survey results, no change to the current zoning was anticipated. Finally, if Council chooses to retain the current RS-1S zoning after Public Hearing, the city could be liable for damages from withholding this application.

Therefore, two options are presented to Council for consideration. Council can either instruct staff to withhold the application for an initial 30 days, followed by a further 60 days, and await the results of the Public Hearing, or instruct staff to process the application under the existing RS-1S zoning.

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cs981022.htm


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