Text Amendments to False Creek North, City Gate, Bayshore, etc.

POLICY REPORT
URBAN STRUCTURE

Date: December 11, 1998
Author/Local: J.Barrett/7449
RTS No.00362
CC File No. 5302

TO:

Vancouver City Council.

FROM:

Director of Central Area Planning in consultation with the General Manager of Engineering Services, Manager of the Housing Centre and the Director of Legal Services.

SUBJECT:

Text Amendments to False Creek North, City Gate, Bayshore, Coal Harbour, Harbour Green and Burrard Landing CD-1 By-laws, and to the False Creek North Official Development Plan

RECOMMENDATION

THAT the Director of Central Area Planning on behalf of Land Use and Development be instructed to make application:

A. to provide parking and loading relaxation clauses as set out in Appendix A by amending the CD-1 By-laws listed in Appendix B that cover False Creek North, City Gate, Bayshore, Coal Harbour, Harbour Green and Burrard Landing; and

B. to amend the False Creek North Official Development Plan as set out in Appendix A to reflect Council-approved changes to the non-market housing numbers;

FURTHER THAT the application be referred to Public Hearing;

AND FURTHER THAT the Director of Legal Services be instructed to prepare the necessary by-laws for consideration at the Public Hearing.

GENERAL MANAGER’S COMMENTS

The General Manager of Community Services RECOMMENDS approval of the foregoing.

COUNCIL POLICY

Relevant Council policy includes:

· Parking By-law
· False Creek North Official Development Plan (FCN ODP), approved in April 1990
· July 29, 1997 ( By-law 7792), enactment of amendment to CD-1 No. 7248 that allowed two non-family, non-market sites in Quayside Area 4 to be developed for market housing, including changes to the non-market housing numbers.

PURPOSE AND SUMMARY

This report proposes:

- text amendments to include parking and loading relaxation provisions (general relaxation, off-street parking space regulations, and off-street loading space regulations) in the CD-1 by-laws for False Creek North, City Gate, Bayshore, Coal Harbour, Harbour Green and Burrard Landing; and

- a “housekeeping” text amendment to text in the False Creek North Official Development Plan (FCN ODP) as a consequence of a previously approved CD-1 rezoning that changed the percentage of non-market housing units.

DISCUSSION

1. Parking and Loading Relaxations

There are currently 11 CD-1 by-laws that govern development in the major downtown project areas: False Creek North, City Gate, Bayshore, Coal Harbour, Harbour Green and Burrard Landing (see Appendix B for list of CD-1 by-laws). From our experience through the last several years in administering these by-laws, staff have concluded that the wording is too narrow in these CD-1 by-laws to allow any relaxation for parking and loading. Because of the magnitude of these projects and, in some cases, their mixed-use characteristics, there are some circumstances where it is reasonable to consider some minor relaxation for parking and loading requirements under conditions defined in the Parking By-Law. This limited discretion can achieve the mutual objectives of the City in gaining improved development while satisfying expected parking and loading needs, and for the applicant in achieving a more marketable development. This is appropriate also in change-of-use situations after the development is complete. Where a significant relaxation not covered by the By-law is requested, staff would require supporting documentation from an independent consultant.

Staff believe the best solution is to include parking and loading relaxation clauses into all the major project CD-1 by-laws. This would put these CD-1 by-laws on an equal basis with all other district schedules. Staff note that with other smaller CD-1 by-laws where the development is more certain the same degree of relaxation is generally not necessary or desirable.

Parking and loading requirements in district schedules are regulated by the Parking By-law which includes (see Appendix A, Parking By-law, Section 3.2, Relaxation, and Section 5.1, Number of Loading Spaces) conditions for relaxation. Staff recommend that similar clauses be added to the current major project CD-1 by-laws.

The property owners support the proposed text amendments.

Environmental and Social Implications

The proposed text amendments neither contribute to, nor detract from, the objective of reducing atmospheric pollution. There are no major positive, or negative, social implications to these proposals.

There are no implications with respect to the Vancouver Children’s Policy or Statement of Children’s entitlements.

2. FCN ODP Text Amendment

On July 29, 1997, Council enacted a by-law to amend CD-1 by-law No. 7248 for 800-1100 Pacific Boulevard (Quayside Neighbourhood, Concord Pacific Place) that allowed two non-family, non-market sites in Quayside Area 4 to be developed for market housing, including changes to the non-market housing numbers.

That approval resulted in changes to the percentage of required non-market residential (from 20% to 16.6%) required in the False Creek North Official Development Plan (FCN ODP). That change was not reflected in the text of the FCN ODP which should have been amended at that time. Staff recommend that this minor housekeeping change now be implemented (see Appendix C for existing text and recommended change).

CONCLUSIONS

The recommended change to all the existing CD-1 by-laws in the major downtown project areas to allow for minor parking and loading relaxations covered by the Parking By-Law allows staff to facilitate the approval of development applications on an equal basis with other district schedules.

The recommended “housekeeping” amendments to the FCN ODP reflect the changes to the non-market housing numbers that Council has previously approved.

The Director of Central Area Planning recommends an application for all the text amendments be referred to a Public Hearing and approved.

APPENDIX A
Page 1 of 4

1. Parking and Loading Relaxations in Various CD-1's

The relevant sections of the Parking By-law are included in full with recommended deletions (in strikeout) and additions (in italic). These sections would be added, and renumbered, to the CD-1 by-laws listed in Appendix B.

Section 3: Administration ( as per Parking By-law)

3.2 Relaxation

3.2.1 The Director of Planning, in the exercise of his jurisdiction, may relax the provisions of this By-law in any case where literal enforcement would result in unnecessary hardship relating to any of the following:

(a) required setbacks to off-street parking areas and parking spaces with associated manoeuvring aisles where, in the opinion of the Director of Planning, the landscaping provided or to be provided is adequate to warrant such relaxation~~, except that in a C-1 or R District, no relaxation shall be granted which has the effect of reducing the front yard to less than the required depth of an adjoining front yard~~;
(b) required screening on the boundary of a parking area serving a school, park or similar use on a site in excess of 0.8 hectares, in cases where the distance between such boundary and R districts outside the site of the principal use served by the parking area is in excess of 75 metres;
(c) the number of off-street parking, loading and passenger spaces required;
(d) the location of off-street parking spaces relative to the site they are intended to serve;
(e) the retention of a heritage site, a building in an HA District or a building on the Vancouver Heritage Register, provided that in the case of a building on the Vancouver Heritage Register that is neither a heritage site nor in an HA District the Director of Planning may require that the owner of the building consent to its designation as a heritage site, without compensation, prior to issuance of any development permit issued pursuant to this provision for relaxation;
(f) the proportion of small car spaces;
(g) the requirement that parking or loading spaces be located so that each individual occupancy within a development has access to required spaces;
(h) the number of off-street bicycle spaces required; and
(i) the requirement that bicycle spaces be located no lower than the first complete parking level below grade.

APPENDIX A
Page 2 of 4

3.2.2 The Director of Planning, before granting any relaxation pursuant to section 3.2, shall be satisfied that any property owner likely to be adversely affected is notified. Such notification shall be in the form appropriate to the circumstances.

Section 4: Off-street Parking Space Regulations (as per Parking By-law)

4.1.9 Multiple-Use Developments

For the purposes of this section uses with the same formula for determining required parking spaces shall be considered to be of the same class. If a development contains parking for more than one use as listed in section 4.2 of the Parking By-law, the total number of parking spaces shall be the sum of the parking spaces required for the various classes of uses calculated separately and, unless otherwise permitted by the Director of Planning, in consultation with the City Engineer, taking into account the time-varying demand of uses, a parking space required for one use shall be deemed not to meet the requirement for any other use in that development.

4.1.12 Parking Space Requirement Exemptions

The required number of off-street parking spaces need not be provided:

(a) where an addition or alteration to a residential building containing no more than two dwelling units and existing on March 24, 1992 would result in an increase in floor area of less than 20 percent over its floor area at that time;
(b) where, subsequent to original construction of a building, any additions, alterations or change in use would, in total, result in an increase of less than 10 percent of the number of spaces required for the originally constructed building before any addition, alteration or change in use, ~~except that:~~

(i) for any change of use located on a site outside the areas outlined on Map 4.3.1, where the increase over the parking required for the originally constructed building does not, in total, exceed two spaces, two spaces need not be provided; and
~~(ii) the number of spaces not provided under this section 4.1.12(b) and section 4.1.12(d) shall not exceed two;~~

APPENDIX A
Page 3 of 4

~~(c) where payment-in-lieu relief is granted in accordance with section 4.11 of this By-law and such payment has been received by the City of Vancouver; or~~
~~(d) where dwelling use occurs with other permitted uses in a C-2 District,provided that:~~

~~(i) the number of spaces not provided shall not exceed two required for dwelling use;~~
~~(ii) the number of spaces not provided under this section 4.1.12(d) and section 4.1.12(b) shall not exceed two; and~~
(iii) other uses on the site shall not include a restaurant, cabaret, or any other use which, in the opinion of the Director of Planning, may be expected to be active in the evening on a regular basis.

Section 5: Off-Street Loading Space Regulations ( as per Parking By-law)

5.1.5 Multi-Use Developments

For the purposes of this section, uses with the same formula for determining required loading spaces shall be considered to be of the same class. If a development contains more than one use as defined in section 5.2 of the Parking By-law, the total number of loading spaces shall be the sum of the loading spaces required for the various classes of uses calculated separately and, unless otherwise permitted by the Director of Planning, in consultation with the City Engineer, taking into account the time-varying demand of uses, a loading space required for one use shall be deemed not to meet the requirement for any other use in that development.

5.1.8 Loading Space Requirement Exemptions

The required number of off-street loading spaces need not be provided where, subsequent to original construction of a building, any additions, alterations or change in use would, in total, result in an increase of less than 10 percent of the number of spaces required for the originally constructed building before any addition, alteration or change in use.

APPENDIX A
Page 4 of 4

2. FCN ODP Text Amendment

Extract from page 6, subsection 3.2.1, Section 3, Overall Patterns, of the False Creek North Official Development Plan (FCN ODP), adopted by By-law No. 6650.

~~“Twenty~~ 16.6 percent of the total number of dwelling units shall be designated for non-market housing, with priority on housing for core-need households, with fifty percent of the non-market units to be suitable for households with children. The non-market units shall be integrated into each residential area, except that Council may permit alternate arrangements to provide some non-market units off-site.”

APPENDIX B
Page 1 of 1

CD-1 By-laws Recommended for Amendment

There are 11 CD-1 by-laws in the major downtown projects which are recommended to be amended. These are:

False Creek North

CD-1 (265) International Village (effective: October 23, 1990)

CD-1 (266) 1100, 1200, 1300 Blocks Pacific Blvd.-Yaletown Edge (effective: November 6, 1990)

CD-1(297)1200-1300 Pacific Blvd. South-Roundhouse (effective: July 29, 1993)

CD-1 (324) 800-1100 Pacific Boulevard-Quayside (effective: November 30, 1993)

CD-1 (366) 500 Pacific Street-Beach 1B (effective: November 26, 1996)

City Gate

CD-1 (264) 101 Terminal Avenue (effective: October 16, 1990)

Bayshore

CD-1 (321) 1601 West Georgia Street (effective: November 9, 1993)

Coal Harbour

CD-1 (312) 300 Cardero Street-Marina 1A (effective: October 19, 1993)

CD-1 (365) 301 Jervis Street ( Marina Neighbourhood Sub-Area 1B) (effective: July 9, 1996)

Harbour Green

CD-1 (364) 501 Bute Street (effective: November 26, 1996)

Burrard Landing

CD-1 (363) 201 Burrard Street (effective: November 26, 1996)

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TO:	Vancouver City Council.
FROM:	Director of Central Area Planning in consultation with the General Manager of Engineering Services, Manager of the Housing Centre and the Director of Legal Services.
SUBJECT:	Text Amendments to False Creek North, City Gate, Bayshore, Coal Harbour, Harbour Green and Burrard Landing CD-1 By-laws, and to the False Creek North Official Development Plan

False Creek North	CD-1 (265) International Village (effective: October 23, 1990)
	CD-1 (266) 1100, 1200, 1300 Blocks Pacific Blvd.-Yaletown Edge (effective: November 6, 1990)
	CD-1(297)1200-1300 Pacific Blvd. South-Roundhouse (effective: July 29, 1993)
	CD-1 (324) 800-1100 Pacific Boulevard-Quayside (effective: November 30, 1993)
	CD-1 (366) 500 Pacific Street-Beach 1B (effective: November 26, 1996)
City Gate	CD-1 (264) 101 Terminal Avenue (effective: October 16, 1990)
Bayshore	CD-1 (321) 1601 West Georgia Street (effective: November 9, 1993)
Coal Harbour	CD-1 (312) 300 Cardero Street-Marina 1A (effective: October 19, 1993)
	CD-1 (365) 301 Jervis Street ( Marina Neighbourhood Sub-Area 1B) (effective: July 9, 1996)
Harbour Green	CD-1 (364) 501 Bute Street (effective: November 26, 1996)
Burrard Landing	CD-1 (363) 201 Burrard Street (effective: November 26, 1996)