POLICY REPORT
TRANSPORTATION

Date: May 18, 1999
Author/Local: B. Riera /7683

RTS No. 00240

CC File No. 5560

T&T Date: June 1, 1999

TO:	Standing Committee on Transportation and Traffic
FROM:	Director of City Plans and General Manager of Engineering Services
SUBJECT:	Review of Building Lines

RECOMMENDATION

THAT Council approve the Building Line Review Pilot Study, as outlined in Appendix A, as a basis for initiating the Building Line Review Program, and that staff report back following the Pilot Study with proposals for the remainder of the program.

COUNCIL POLICY

Transportation Plan, adopted May 1997, includes the following policies.

Policy 3.3(1): The existing network of primary and secondary arterial roads within the city will generally not be expanded. The exception to this is for the completion of the Port Road connection to the freeway, to provide for Port related traffic.

Policy 3.3(2): The City supports maintaining peak road capacity from the region at no more than the present level. In this regard, City Council's adopted policy is for no further significant investment to expand motor vehicle capacity into Vancouver in terms of adding additional capacity.

PURPOSE AND SUMMARY

The Transportation Plan adopted by Council in May 1997 proposed, among other initiatives, to "Review building lines in the context of the Plan with a view to removing those that are unlikely to be needed, and adding others where priorities have developed." This initiative was to be subject to a report to Council on existing building lines.

Building lines have been part of the Zoning and Development By-law for many years. They indicate where property may be needed for road widening. Where a building line crosses a property, usually the front of the property, all buildings must be set back from the building line as if it were the property boundary. On subdivision or rezoning, property owners are required to dedicate the land between the building line and the property boundary to the City. Approximately 2,000 properties outside the Downtown are still affected by building lines.

This report proposes a Pilot Study to review the building lines on one transportation corridor. The corridor recommended for study includes the arterial streets, 41st and 49th Avenues west of Granville, and S W Marine Drive. Following the completion of the Pilot Study, a review of all other building lines outside the Downtown is expected to be recommended.

1. BACKGROUND

1.1 History and purpose of building lines

The use of building lines for the purpose of road widening was recommended in the 1929 "A Plan for the City of Vancouver, including Point Grey, and South Vancouver and a General Plan for the Region", prepared by Harland Bartholomew and Associates. The plan recommended a definite building line be established for the widening of each major street (p.261). Building lines for the municipality of Point Grey were established as part of its comprehensive plan adopted just prior to amalgamation into the City of Vancouver in January, 1929 (Point Grey By-Law 727). The Council of the District of South Vancouver also established building lines on a number of streets by by-law before amalgamation. The building lines are prescribed in Section 14 of the Zoning and Development By-law, and described in Schedule "E". Most were initially established by City Council as a result of by-law enactments between 1946 and 1956. Building Line enactments are listed in Appendix B to this report.

The prescription for building lines along a number of designated arterial streets is part of the 1929 plan to secure rights-of-way to enable and facilitate the widening of these streets. This plan is implemented through building set-backs and street dedications.

Although historically building lines were adopted to provide for future widening of existing roads, the building line area can be used for other related purposes such as widening a sidewalk, adding a bike lane, adding a median or additional space for utilities, or for a transit right-of-way. An example would be Robson Street, where building lines have resulted in wider sidewalks and a more attractive pedestrian environment.

1.2 Present building lines in the city

Section 14 of the Zoning and Development By-law contains the provisions for building lines, and the building lines are listed in Schedule E to the By-law. Parts I and II of Schedule E to the By-law list the 31 streets outside the Downtown which have building lines. Generally, a building line is measured from the ultimate middle of the road, to a distance 40 feet or 50 feet to each side. Mostly the building lines are on both sides of the street. The building lines are shown on Map 1, and are listed in Table B.1 in Appendix B.

Part III of Schedule E to the By-law establishes building lines for the maintenance of open space. There is only one such building line at present (on the water side of the properties on Point Grey Road and Cameron Avenue between Alma and Balsam Streets). Since this building line is not for transportation purposes, it will not be considered in the review program.
1.3 Implications of building lines for development

Building lines establish where the legal boundary of a street will be after a planned widening. Except for landscaping, fences, temporary structures and services, development is not normally permitted in the area between the existing property line and the building line. The result of setting back development from the building line is that if the City needs to acquire the building area, only the land will need to be acquired, and the development on the land will not be directly impacted. This greatly reduces both the cost to the City, and the disruption to the property if and when street widening occurs.

An adopted building line changes several development procedures. The type of impact varies with the siting of existing buildings, the actions an owner may wish to take, and the zoning.

(a) Development is not permitted within the building line area

Section 14.3 of the Zoning and Development By-law requires that no development be carried out upon, over, or under an established building line. Structural alterations to existing buildings where the structure projects beyond the established building line can be approved only by the Board of Variance. If the Board approves, Section 569(3) of the Vancouver Charter allows the City to remove the improvements, at the owner's expense, when the land is required for street purposes (Zoning and Development By-law, Interpretative Notes, RS District Schedules; November 1997).

(b) Development set-backs are measured from the building line

Where a property is subject to a building line, all building set-backs are measured from the building line, not the existing property line.

(c) Developable area is not directly affected

The Floor Space Ratio(FSR) is based on the existing site size, regardless of building lines, therefore development potential is not usually affected. However, where lots are shallow, or the building line is on the side of the property, the maximum FSR for the site may not be achievable.

1.4 Implications of building lines on dedication of land to the City

Dedications of the building line area (the area between the property boundary and the building line), can be required from land owners whose lots abut a City street. It is a slow and gradual process, which over time, provides the City with a widened right-of-way at no cost to the City. In other circumstances, the City must purchase the required land at market value.

Dedication of land can be required in three circumstances: for certain major conditional approval development permits, on subdivision, and for a re-zoning.

(a) Discretionary development applications

The only time the Director of Planning is likely to confirm a requirement for a dedication for road widening is on major development applications dealt with by the Development Permit Board where development, by virtue of its size, will have a traffic impact on the street. For other development permits, the Director of Planning does not normally require street dedications as a condition of approval even if there is an established building line in place. The reason for this is that the Director of Planning does not view street dedication as directly benefiting the owner that dedicates the land (Zoning and Development By-law: Interpretative Notes, RS District Schedules; November 1997). When the City needs to widen a road, theCity can purchase in fee simple, the land required that is within the building line area, or acquire a statutory right of way.

(b) Subdivisions

Section 297 (2) of the Vancouver Charter states that the owner of land being subdivided shall provide, without compensation, land for streets in accordance with the City's Subdivision By-law. Pursuant to the Subdivision By-law, the Approving Officer is guided by recommendations of the City Engineer in determining street dedication requirements, including those associated with building lines. When a site adjacent to a building line is subdivided, a street dedication occurs, and the setback for required yards will be calculated from the building line. Unlike rezonings and conditional development applications, the potential FSR is based on the smaller site, post subdivision.

(c) Re-zonings

As a condition of a rezoning, the City may require the dedication of land for roadways, whether or not a building line exists. Where a building line does exist, the dedication will generally be required. As a matter of policy, the FSR reflected in a CD-1 By-law reflects the calculation based on the site prior to road dedication.

2. REASONS FOR CHANGING BUILDING LINES

Changes have been made to building lines on a number of occasions. For example in 1994, with redevelopment imminent in the area, Council reviewed the building lines on Arbutus Street, between Broadway and 16th Avenue. The result of this review was to reduce the required area by approximately 50%. The reduced building lines do not allow additional travel lanes, but do permit left turn lanes, tree planting, parking and wider sidewalks.

More recently, in 1997, Council adopted the Transportation Plan. This states that, "the existing network of primary and secondary arterial roads within the City will generally not be expanded. The exception to this is for the completion of the Port Road connection to the freeway, to provide for Port related traffic." As a result, building lines may no longer be needed to provide for an increase in vehicle capacity, particularly through additional traffic lanes. However, there may be some locations where there are benefits to widening a specific section of right-of-way, road or intersection. In such a case, the building line may need to be retained. In some locations, including in the Downtown, some widening of the street right-of-way may be warranted to serve the needs of pedestrians, bicycles and transit.

2.1 Extent of properties affected by building lines

On streets in the city which have not been widened, a total of approximately 5,600 properties abut streets with building lines. Of these properties, the building line areas of about 3,500 have so far been acquired by the City, and about 2,100 remain to be acquired. On some streets all building line areas have been acquired (eg. Boundary Road and Knight Street), and on others, the majority of building line areas have still to be acquired (Blenheim, 81%; 49th Avenue; 84%, Cambie, 57%; and Clarendon/Elliot, 48%). Table 1 shows the ten streets with the most properties yet to be acquired. Building lines and a summary of properties affected and acquired so far are shown in Appendix B.

Most of the building lines have been in place since before 1956. Since then, some streets have been widened. On other stretches of streets, acquisition has been proceeding slowly and it may be many years before the total building line area is likely to be achieved. For streets where the number of properties to be acquired is high the rate of acquisition averaged about 15 properties over the last twenty years, less than one property a year, on each street. Data are not readily available to indicate how many developments have been set back on these streets, in conformance with the building lines.

Table 1: The ten streets with most properties to acquire

Street	Properties to be acquired	Percent of all properties on street	Properties acquired since 1976
Granville Street	309	74%	24
41st Avenue (west of Granville)	264	72%	19
Blenheim Street	255	81%	7
49th Avenue	130	84%	9
Dunbar Street	119	62%	9
SW Marine Drive	116	44%	34
Cambie Street	96	57%	27
Victoria Drive	81	13%	7
Powell Street	72	44%	7
Arbutus Street	71	65%	2
All 10 streets total for these streets	1513	60%	145

Note: All numbers are estimates and will be reviewed as part of the program.

2.2 Reasons for retaining building lines

In 1929, building lines were seen as an inexpensive way for the City to acquire land or preserve a right-of-way for future road. The experience since then is that it can take many years for enough of a street to become available through dedication to make widening practical. In the right circumstances, this is an appropriate long term transportation planning strategy. The building lines still offer the potential for protecting long term transportation options at minimal cost and disruption.

It may be appropriate to retain a building line if it is needed in the future for the following reasons.

(a) To resolve present traffic congestion

Following the adoption of the Transportation Plan, there are no plans or proposals to increase the number of traffic lanes on any arterial within the city. However, to ease the flow of traffic where congestion creates a particular vehicle or pedestrian safety problem, left-turn bays or bus priority queue jumpers may be needed in some locations.

A preliminary `whole route analysis' of an arterial may demonstrate clear transportation and community advantages for additional facilities. In these cases the building line may need to be retained or modified for the portions needed.

(b) To provide for wider sidewalks

In some commercial centres and elsewhere, narrow sidewalks may benefit from widening. Options for widening sidewalks would be examined in the context of the implications for building frontages, etc., to allow an assessment of the overall implications.

(c) To provide for bike lanes

The Transportation Plan proposes the provision of bike lanes on arterial streets, to facilitate commuting by bike and bike trips outside neighbourhoods. In many instances the existing arterials do not have the width to allow this facility. Building lines might provide the opportunity for arterial bike lanes in the future.

A preliminary assessment of the need and opportunities for bike lanes on the arterials will indicate the practicality of and opportunities for this for the future. On the basis of this assessment, recommendations will be possible on the need for retention or modification of the building line.

(d) To provide for a landscaped median

The Bartholomew Plan proposed a number of boulevards and parkways. Generally, these were two roadways 26 feet or 36 feet with landscaped medians, with a total right-of way of between 100 and 132 feet. Cambie Street, King Edward, Boundary Road, and parts of 1st and 16th Avenues reflect this concept. More recent additions include parts of Rupert Street and 22nd Avenue. Landscaped medians might be appropriate on some arterials even though traffic lanes are not to be increased. In this case the retention or reduction of the building line, may be appropriate. Bartholomew also proposed scenic or `pleasure drives'. SW Marine Drive was one of these with a right-of-way of 100 feet.

In these cases, a landscaping and traffic analysis and concept scheme would be provided to indicate the long term options and possibilities, in order that the public and Council may assess the benefits of the proposal.

(e) To provide for utilities beside the roadway

In some cases underground utility placement may be aligned outside the travel portion of the roadway. Since servicing access is required, land over these utilities should be protected. The pilot study will identify utility requirements of subject roadways.

(f) To provide for changes in land use

Transportation exists fundamentally to serve land use. When major changes in land use are proposed, such as through rezoning, then building lines can be applied to protect the needed corridors. One advantage of this approach is that the corridors become available at the same pace as development occurs.

(g) To provide long term transportation options

Present transportation and land use planning for both the City and the region have a horizon up to about the year 2021. Beyond this date, both the City and region are likely to continue to grow, but the form and location of land use and transportation changes have not been examined or discussed. Council may choose to leave open some transportation options for the very long term future.

A preliminary long term land use and transportation scenario will be described to identify options for significant expansion of transportation facilities, and the possible future need for part or all of a building line on an arterial.

2.3 Implications of removing or reducing the building line

However, a building line can adversely affect property owners by limiting the use of their land. It is important to review building lines to determine which ones are still needed, and to adjust the width and location of the building line if necessary. It may be appropriate to remove or amend a building line when:

(a) it will not be needed in the future for additional capacity, or any of the above uses;

(b) it unreasonably restricts property use by reducing the depth (or width), of lots;

(c) it results in unsightly gaps in street facades;and

(d) the corridor proposals are so long term and speculative in nature, that it would be unreasonable to limit land development in the interim.

In situations where the building line materially affects the development potential of the property, the removal or reduction of a building line could result in a gain in the value of some properties, which owners may have bought at a depressed price.

Where the City has already acquired the building line area, removal or reduction of the building line could result in the acquired area being made available for purchase by property owners. If necessary, this issue will be addressed in the pilot study.

3. PROPOSED BUILDING LINE REVIEW PROGRAM

3.1 Priority streets for review

For six major transportation corridors, the number of properties affected by the building line and the number of acquisitions are shown in Table 2 below. The corridor with the most affected properties (in absolute terms), is the 41st - 49th Avenues -- SW Marine Drive corridor. These streets together account for about 500 properties yet to be acquired by the City, 25% of all the properties still to be dedicated on all building lines. The Granville-Oak-Cambie corridor (476 properties), and the Dunbar-Blenheim-Alma corridor ( 405 properties), come close in terms of total properties affected. (Table 2).

Table 2: Status of building lines on major corridors

Corridor	Total properties	Properties not acquired	Properties acquired since 1976	% of properties NOT acquired
41st Avenue- 49th-SW Marine Drive (1)	775	502	62	65%
Granville-Oak-Cambie-Park	792	476	55	60%
Dunbar-Blenheim- Alma	552	405	19	73%
Fraser-Victoria-Clarendon	1,690	146	49	16%
41st East of Granville	593	78	0	13%
SE Marine-Kent-70th Av	324	137	24	42%

Note: The full list of streets and number of properties affected is included in Table B.3 in Appendix B.
(1) All west of Granville

During the Transportation Plan, representations were made to Council by the Kerrisdale Business Improvement Association and residents of SW Marine Drive, to remove the building lines on 41st Avenue through Kerrisdale centre, and SW Marine Drive, respectively.

SW Marine Drive and 41st Avenue (both west of Granville Street), are recommended for the Pilot Study, together with 49th Avenue. As these three streets are part of the same transportation corridor, they are best reviewed together.

(b) Work program for the Pilot Study

The Pilot Study for the Building Line Review Program is proposed for 41st and 49th Avenues and SW Marine Drive, all west of Granville. As these streets now operate as a single corridor for east-west traffic, including for traffic to and from UBC, they are best considered at the same time. The main steps in the work program would be as follows.

(1) Collection of information on the building line area, and assessment of long term transportation requirements.

(2) Public meeting or meetings to review issues involved, and to consider options, and mail survey if needed.

(3) Staff report on conclusions to Council.

(4) Public Hearing to amend the by-law. (if needed)

(5) Pilot study evaluation and report back to Council on next steps.

More details of the proposed Pilot Study work program are included in Appendix A.

(c) Cost and staffing the Pilot Study

The Pilot Study is expected to take five months, up to and including the report to Council. A further two to three months would be required for a Public Hearing, if needed, to amend the Building Lines By-law. One planner and one engineer (both part time), would be assigned to the Pilot Study, together with planning and engineering assistants, as needed.

The cost for a series of public meetings, advertising, information and display material, not including staff, would be up to $7,000. Funds are available from existing departmental public consultation budgets.

4. CONCLUSIONS

Building lines can reduce the cost to the City, and disruption to property owners of obtaining street rights-of-way. At the same time, they can affect the development and value of private property, as well as street frontages in neighbourhood centres. Ones which are no longer needed should be reviewed as soon as practicable. The Pilot Study will help to establish principles for the review of the building lines on other streets, and the extent of public interest in the review. Following the completion of the Pilot Study, staff will report back to Council with proposals for the continuation of the program.

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APPENDIX A
BUILDING LINE REVIEW PROGRAM PILOT STUDY

A.1 Objective of the Pilot Study
The Pilot Study for the Building Line Review Program is proposed for the east-west corridor, containing 41st and 49th Avenue west of Granville, and SW Marine Drive. As these streets now operate as a corridor for east-west traffic, including for traffic to and from UBC, they are best considered at the same time. There are two principal objectives for the Pilot Study:

(a) to review the building lines on 41st Avenue, 49th Avenue and SW Marine Drive, to determine, whether changes should be recommended to Council for the amendment or repeal of the building line on those streets;

(b) to establish a general approach to reviewing building lines which can be applied to the review of the all other building lines outside the Downtown.

A.2 Main steps in the Pilot Study

Step 1
Collection of information on the building line and assessment of long term transportation requirements

Step 1 would include a review of property affected by the building line, the traffic conditions in the corridor, assessment of future transportation requirements, and the likely contributions of the building line to meeting the provisions of the Transportation Plan.

This first step would include, a preliminary whole route analysis for all three arterials to establish possible long term transportation and needs and options within the corridor. Broad citywide land use options will also be considered as part of the review of possible future transportation demand. The intent of this analysis will be to identify general transportation demand trends and issues for transportation facilities well beyond the City's present planning horizon of 2021.T his demand analysis and the long term planning options will be available for public review in the following step.

Step 2
Public meeting to review issues

A first public meeting of the residents and businesses on affected streets would be held to review issues. This would include information on the building line, impacts on properties, existing and possible future transportation demands, and options and implications of changes to the building lines.

As a final task in this step, a mail-out survey may be necessary to determine public attitudes to the proposal in households directly affected by the building line. If there is not public support for the proposals, it may be necessary to review the proposals at a second public meeting or series of meetings.

Step 3
Staff report on conclusions

Following the public meeting, staff would review the representations and information. A staff report to Council will recommend any proposed amendments to the Zoning and Development By-law. Depending on the proposals, a second round of public meetings may be necessary at this time, before reporting back to Council. When the public program is complete, Council will then be able to review the proposals and decide if the proposed by-law amendments should be referred to Public Hearing.

Step 4
Public Hearing to amend the by-law (if needed)

If Council considers that a change to the by-law may be warranted, a Public Hearing would be required. This would allow property owners and other members of the public to address Council directly on the proposed changes to the by-law.

Step 5
Pilot Study evaluation

Following completion of the Pilot Study, the study team would review the process to identify which changes are needed to the process. The team would also consider priorities for the remaining work of the review and report back to Council on the recommended program.

A.3 Timing, staffing and costs of the Pilot Study

Depending on the extent of analysis required, and degree of public debate, Steps 1-3 could be completed in 4 to 5 months. Step 4 would take an additional 2 to 3 months. Depending on other work program items, work on the Pilot Study could begin later in 1999. Staffing will include, one planner, one engineer, and engineering and planning assistants, part time for the period of the study. Other staff for Land Survey and Rezoning Group may be required to give special assistance on specific items in the work program.

The costs for the Pilot Study include, notification of property owners, advertising, display material and public meeting expenses are estimated at up to $7,000. Engineering and Planning Departments' existing public consultation budgets will cover the costs of the study.
APPENDIX B
BUILDING LINE BY-LAWS AND STATUS

B.1 By-law enactments

Tables B1 and B2 list the by-laws affecting each building line.

B.2 Number of properties affected by building lines

Table B.3 shows the results of a preliminary assessment of the status of the main building lines outside the Downtown. The table shows the number of properties bordering each unwidened road. A total of 5,577 properties have been identified in the preliminary analysis of the 31 street segments listed in the table. Of these, 2,036 properties have so far been identified as being affected by the building line (i.e. the building line area has yet to be dedicated to the City).

A total of 51 properties with heritage buildings border the roads. Some of these have already dedicated the building area to the City.

B.3 Rate of dedication of building areas

Table B.3 also shows the estimate of properties dedicated since 1976. The rate of dedication is probably related to the number of total properties on the street, and the number of properties yet to be dedicated. Also some more residential streets such as Blenheim may have a slow rate of dedication because of the few opportunities for rezoning or subdivision.

Table B.1: Building lines outside the Downtown

Note: na = information not available

Table B.2: Building lines removed from the Zoning By-law
(outside the Downtown)

Note: na = information not available.

Table B.3: Properties affected by building lines outside the Downtown

Note: This assessment of properties affected by the building lines is preliminary and will be revised as part of the continuing review.

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