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{00972494v3} EXPLANATION By-law to amend Zoning and Development By-law No. 3575 to rezone an area to CD-1 re: 3281-3295 East 22nd Avenue Following the Public Hearing on May 15, 2018, Council gave conditional approval to the rezoning of the site at 3281-3295 East 22nd Avenue. The Director of Legal Services has advised that all prior to conditions have been met, and enactment of the attached By-law will implement Council's resolution. Director of Legal Services April 14, 2020 1

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Page 1: EXPLANATION By-law to amend Zoning and ... - VancouverApr 14, 2020  · {00972494v3} EXPLANATION By-law to amend Zoning and Development By-law No. 3575 . to rezone an area to CD-1

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EXPLANATION

By-law to amend Zoning and Development By-law No. 3575 to rezone an area to CD-1 re: 3281-3295 East 22nd Avenue

Following the Public Hearing on May 15, 2018, Council gave conditional approval to the rezoning of the site at 3281-3295 East 22nd Avenue. The Director of Legal Services has advised that all prior to conditions have been met, and enactment of the attached By-law will implement Council's resolution.

Director of Legal Services April 14, 2020

1

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3281-3295 East 22nd Avenue

BY-LAW NO.

A By-law to amend Zoning and Development By-law No. 3575

to rezone an area to CD-1

THE COUNCIL OF THE CITY OF VANCOUVER, in public meeting, enacts as follows:

Zoning District Plan Amendment

1. This By-law amends the Zoning District Plan attached as Schedule D to By-law No.3575, and amends or substitutes the boundaries and districts shown on it, according to theamendments, substitutions, explanatory legends, notations, and references shown on the planmarginally numbered Z-735 (c) attached as Schedule A to this By-law, and incorporatesSchedule A into Schedule D of By-law No. 3575.

Uses

2.1 The description of the area shown within the heavy black outline on Schedule A is CD-1 (743).

2.2 Subject to Council approval of the form of development, to all conditions, guidelines and policies adopted by Council, and to the conditions set out in this By-law or in a development permit, the only uses permitted within CD-1 (743), and the only uses for which the Director of Planning or Development Permit Board will issue development permits are:

(a) Cultural and Recreational Uses, limited to Artist Studio - Class A, Billiard Hall,Club, Community Centre or Neighbourhood House, Fitness Centre, and Library;

(b) Dwelling Uses, limited to Dwelling Units in conjunction with any of the uses listedin this By-law;

(c) Institutional Uses, limited to Child Day Care Facility, Public Authority Use, andSocial Service Centre;

(d) Office Uses;

(e) Retail Uses, limited to Farmers’ Market, Grocery or Drug Store, Liquor Store,Public Bike Share, Retail Store, and Secondhand Store;

(f) Service Uses, limited to Barber Shop or Beauty Salon, Beauty and WellnessCentre, Laundromat or Dry Cleaning Establishment, Neighbourhood PublicHouse, Print Shop, Photofinishing or Photography Studio, Repair Shop – ClassB, and Restaurant – Class 1;

(g) Utility and Communication Uses, limited to Public Utility andRadiocommunication Station; and

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(h) Accessory Uses customarily ancillary to the uses permitted in this section.

Conditions of use

3.1 All commercial uses permitted in this By-law shall be carried on wholly within a completely enclosed building except for:

(a) Farmer’s Market;

(b) Neighbourhood Public House;

(c) Public Bike Share;

(d) Restaurant; and

(e) display of flowers, plants, fruits and vegetables in conjunction with a permitteduse.

3.2 The design and lay-out of at least 35% of the dwelling units must:

(a) be suitable for family housing;

(b) include two or more bedrooms; and

(c) comply with Council’s “High-Density Housing for Families with ChildrenGuidelines”.

Floor area and density

4.1 Computation of floor space ratio must assume that the site consists of 1,555 m2, being the site size at the time of the application for the rezoning evidenced by this By-law.

4.2 Floor space ratio for all uses must not exceed 3.00.

4.3 Computation of floor area must include all floors of all buildings, having a minimum ceiling height of 1.2 m, including earthen floors and accessory buildings, both above and below ground level, to be measured to the extreme outer limits of the building.

4.4 Computation of floor area must exclude:

(a) open residential balconies or sundecks and any other appurtenances which, inthe opinion of the Director of Planning, are similar to the foregoing, except that:

(i) the total area of all such exclusions must not exceed 12% of theresidential floor area, and

(ii) the balconies must not be enclosed for the life of the building;

(b) patios and roof gardens, if the Director of Planning first approves the design ofsunroofs and walls;

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(c) where floors are used for off-street parking and loading, the taking on ordischarging of passengers, bicycle storage, heating and mechanical equipmentor uses which in the opinion of the Director of Planning are similar to theforegoing, those floors or portions thereof so used which are at or below the basesurface, provided that the maximum exclusion for a parking space shall notexceed 7.3 m in length;

(d) amenity areas, recreational facilities and meeting rooms accessory to aresidential use, to a maximum of 10% of the total permitted floor area; and

(e) all residential storage area above or below base surface, except that if theresidential storage area above base surface exceeds 3.7 m2 for a dwelling unit,there will be no exclusion for any of the residential storage area above basesurface for that unit.

4.5 The use of floor area excluded under section 4.4 must not include any use other than that which justified the exclusion.

Building height

5. Building height, measured from base surface, must not exceed 21.3 m.

Horizontal angle of daylight

6.1 Each habitable room must have at least one window on an exterior wall of a building.

6.2 The location of each exterior window must allow a plane or planes extending from the window and formed by an angle of 50 degrees, or two angles with a sum of 70 degrees, to encounter no obstruction over a distance of 24.0 m.

6.3 Measurement of the plane or planes referred to in section 6.2 must be horizontally from the centre of the bottom of each window.

6.4 The Director of Planning or Development Permit Board may relax the horizontal angle of daylight requirement if:

(a) the Director of Planning or Development Permit Board first considers all theapplicable policies and guidelines adopted by Council; and

(b) the minimum distance of the unobstructed view is not less than 3.7 m.

6.5 An obstruction referred to in section 6.2 means: (a) any part of the same building including permitted projections; or

(b) the largest building permitted under the zoning on any site adjoiningCD-1 (743).

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6.6 A habitable room referred to in section 6.1 does not include: (a) a bathroom; or

(b) a kitchen whose floor area is the lesser of:

(i) 10% or less of the total floor area of the dwelling unit, or(ii) 9.3 m2.

Acoustics

7. A development permit application for dwelling uses must include an acoustical reportprepared by a registered professional acoustic engineer demonstrating that the noise levels inthose portions of the dwelling units listed below will not exceed the noise levels expressed indecibels set opposite such portions of the dwelling units. For the purposes of this section, thenoise level is the A-weighted 24-hour equivalent (Leq24) sound level and will be defined simplyas noise level in decibels.

Portions of dwelling units Noise levels (Decibels)

Bedrooms 35 Living, dining, recreation rooms 40 Kitchen, bathrooms, hallways 45

Severability 8. A decision by a court that any part of this By-law is illegal, void, or unenforceable seversthat part from this By-law, and is not to affect the balance of this By-law.

Force and effect

9. This By-law is to come into force and take effect on the date of its enactment.

ENACTED by Council this day of , 2020

____________________________________ Mayor

____________________________________ Acting City Clerk

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EXPLANATION

Authorization to enter into a Housing Agreement Re: 1523 Davie Street (Gabriola Mansion)

After a Public Hearing on November 14, 2017, to consider a rezoning application, the application was approved at a Regular Council meeting on November 28, 2017 by Council in principle, subject to fulfilment of the condition that the owner of the subject lands make arrangements to the satisfaction of the General Manager of Community Services and the Director of Legal Services to enter into a Housing Agreement pursuant to Section 565.2 of the Vancouver Charter.

Such a Housing Agreement has been accepted by the owner applicant and its lender. Enactment of the attached By-law will complete the process to implement Council’s resolution regarding a Housing Agreement.

Director of Legal Services April 14, 2020

2

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1523 Davie Street (Gabriola Mansion)

BY-LAW NO.

A By-law to enact a Housing Agreement for 1523 Davie Street (Gabriola Mansion)

THE COUNCIL OF THE CITY OF VANCOUVER, in public meeting, enacts as follows:

1. Council authorizes the City to enter into a Housing Agreement with the owner of certain landsthat are anticipated to be described as:

PID: No PID Number

Lot 1 Block 49 District Lot 185 Group 1 New Westminster District Plan EPP99599

in substantially the form and substance of the Housing Agreement attached to this By-law as Schedule A, and also authorizes the Director of Legal Services to execute the agreement on behalf of the City, and to deliver it to the owner on such terms and conditions as the Director of Legal Services deems fit.

2. This By-law is to come into force and take effect on the date of its enactment.

ENACTED by Council this day of , 2020

____________________________________ Mayor

____________________________________ Acting City Clerk

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Schedule A

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{01385720v1}

EXPLANATION

Authorization to enter into a Housing Agreement Re: 1717 Lorne Street

Pursuant to Development Application Number DP-2019-00133, the development permit application was approved by the Development Permit Board under letter dated June 25, 2019, subject to fulfilment of the condition that the owner of the subject lands make arrangements to the satisfaction of the General Manager of Arts, Culture and Community Services and the Director of Legal Services to enter into a Housing Agreement pursuant to Section 565.2 of the Vancouver Charter.

Such a Housing Agreement has been accepted by the owner applicant. Enactment of the attached By-law will complete the process to implement the condition imposed by the Development Permit Board regarding a Housing Agreement.

Director of Legal Services April 14, 2020

3

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1717 Lorne Street

BY-LAW NO.

A By-law to enact a Housing Agreement for 1717 Lorne Street

THE COUNCIL OF THE CITY OF VANCOUVER, in public meeting, enacts as follows:

1. Council authorizes the City to enter into a Housing Agreement with the owner of certain landsdescribed as:

PID: 030-939-879 Lot A Block 6 District Lot 200A Group 1 New Westminster District Plan EPP95185

in substantially the form and substance of the Housing Agreement attached to this By-law as Schedule A, and also authorizes the Director of Legal Services to execute the agreement on behalf of the City, and to deliver it to the owner on such terms and conditions as the Director of Legal Services deems fit.

2. This By-law is to come into force and take effect on the date of its enactment.

ENACTED by Council this day of , 2020

____________________________________ Mayor

____________________________________ Acting City Clerk

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Schedule A

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{01133825v1}

EXPLANATION

A By-law to amend the Sign By-law re: 1303 Kingsway and 3728 Clark Drive

After the Public Hearing on April 2, 2019, Council resolved to amend the Sign By-law for this site. Enactment of the attached By-law will implement Council’s resolution.

Director of Legal Services April 14, 2020

4

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1303 Kingsway and 3728 Clark Drive

BY-LAW NO.

A By-law to amend Sign By-law No.11879

THE COUNCIL OF THE CITY OF VANCOUVER, in public meeting, enacts as follows:

1. This by-law amends the indicated provisions of Sign By-law No. 11879.

2. Council amends Schedule A (CD-1 Zoning Districts regulated by Part 9) by adding thefollowing:

1303 Kingsway and 3728 Clark Drive CD-1(741) 12665 C-2

”.

3. A decision by a court that any part of this by-law is illegal, void, or unenforceable seversthat part from this by-law, and is not to affect the balance of this by-law.

4. This By-law is to come into force and take effect on the date of its enactment.

ENACTED by Council this day of , 2020

____________________________________ Mayor

____________________________________ Acting City Clerk

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{01133834v1}

EXPLANATION

A By-law to amend the Sign By-law re: 1303 Kingsway and 3728 Clark Drive

After the Public Hearing on April 2, 2019, Council resolved to amend the Noise Control By-law for this site. Enactment of the attached By-law will implement Council’s resolution.

Director of Legal Services April 14, 2020

5

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1303 Kingsway and 3728 Clark Drive

BY-LAW NO.

A By-law to amend Noise Control By-law No. 6555

THE COUNCIL OF THE CITY OF VANCOUVER, in public meeting, enacts as follows:

1. This By-law amends the indicated provisions of the Noise Control By-law No. 6555.

2. Council amends B (Intermediate Zone) by adding the following:

“741 12665 1303 Kingsway and 3728 Clark Drive

”.

3. This By-law is to come into force and take effect on the date of its enactment.

ENACTED by Council this day of , 2020

___________________________________ Mayor

___________________________________ Acting City Clerk

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EXPLANATION

A By-law to amend the Sign By-law Re: 3510 Fraser Street

After the Public Hearing on June 5, 2018, Council resolved to amend the Sign By-law for this site. Enactment of the attached By-law will implement Council’s resolution.

Director of Legal Services April 14, 2020

6

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3510 Fraser Street

BY-LAW NO.

A By-law to amend Sign By-law No.11879

THE COUNCIL OF THE CITY OF VANCOUVER, in public meeting, enacts as follows:

1. This by-law amends the indicated provisions of Sign By-law No. 11879.

2. Council amends Schedule A (CD-1 Zoning Districts regulated by Part 9) by adding thefollowing:

3510 Fraser Street CD-1(742) 12666 C-2

”.

3. A decision by a court that any part of this by-law is illegal, void, or unenforceable seversthat part from this by-law, and is not to affect the balance of this by-law.

4. This By-law is to come into force and take effect on the date of its enactment.

ENACTED by Council this day of , 2020

____________________________________ Mayor

____________________________________ Acting City Clerk

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{00989461v1}

EXPLANATION

A By-law to amend the Noise Control By-law Re: 3510 Fraser Street

After the public hearing on June 5, 2018, Council resolved to amend the Noise Control By-law for this site. Enactment of the attached By-law will implement Council’s resolution.

Director of Legal Services April 14, 2020

7

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{00989461v1}

3510 Fraser Street

BY-LAW NO.

A By-law to amend Noise Control By-law No. 6555

THE COUNCIL OF THE CITY OF VANCOUVER, in public meeting, enacts as follows:

1. This by-law amends the indicated provisions of Noise Control By-law No. 6555.

2. Council amends Schedule B (Intermediate Zone) by adding the following:

742 12666 3510 Fraser Street

”.

3. A decision by a court that any part of this by-law is illegal, void, or unenforceable seversthat part from this by-law, and is not to affect the balance of this by-law.

4. This By-law is to come into force and take effect on the date of its enactment.

ENACTED by Council this day of , 2020

___________________________________ Mayor

___________________________________ Acting City Clerk

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{00989465v2}

EXPLANATION

A By-law to amend the Parking By-law Re: 3510 Fraser Street

After the public hearing on June 5, 2018, Council resolved to add 3510 Fraser Street to Schedule C of the Parking By-law. The Director of Planning has advised that all prior to conditions have been satisfied, and enactment of the attached By-law will implement Council’s resolution.

Director of Legal Services April 14, 2020

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3510 Fraser Street

BY-LAW NO.

A By-law to amend Parking By-law No. 6059 with regard to CD-1 District Parking requirements

THE COUNCIL OF THE CITY OF VANCOUVER, in public meeting, enacts as follows:

1. This By-law amends the indicated provisions of the Parking By-law.

2. Council amends Schedule C (CD-1 Districts Parking Requirements) by adding thefollowing:

3510 Fraser Street

12666 (742) Parking, loading and bicycle spaces in accordance with by-law requirements on April 14, 2020, except that:

(a) a maximum of six vehicle parkingspaces may be provided; and

(b) no Class A and Class B loading spacesare required.

”.

3. A decision by a court that any part of this By-law is illegal, void, or unenforceable seversthat part from this By-law, and is not to affect the balance of this By-law.

4. This By-law is to come into force and take effect on the date of its enactment.

ENACTED by Council this day of , 2020

__________________________________ Mayor

__________________________________ Acting City Clerk

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{01384136v1}

BY-LAW NO.

A By-law to amend the Tax Penalty By-law No. 9284

The Council of the City of Vancouver, in public meeting, enacts as follows:

1. This By-law amends the indicated provisions of the Tax Penalty By-law No. 9284.

2. Council strikes the word “July” from section 2.1(b) of the by-law and replaces it with theword “September”.

3. A decision by a court that any part of this By-law is illegal, void, or unenforceable seversthat part from this By-law, and is not to affect the balance of this By-law.

4. This By-law is to come into force and take upon enactment.

ENACTED by Council this 14th day of April, 2020

_____________________________________ Mayor

_____________________________________ Acting City Clerk

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