SUPPORTS ITEM NO. 3
P&E COMMITTEE AGENDA
DECEMBER 14, 1995
POLICY REPORT
DEVELOPMENT AND BUILDING
Date: November 29, 1995
Dept. File: 95038-PEM
TO: Standing Committee on Planning and Environment
FROM: Director of Land Use and Development
SUBJECT: Rezoning Application at 303 Railway Street (M-2)
RECOMMENDATION
A. THAT the application by Robert Leshgold (Architect) to rezone
303 Railway Street (Lot 26, Block 2, D.L. 735, Plan 3421) from
M-2 to CD-1 to allow artist 'live/work' studios be REFUSED.
As an alternative to A, the following is submitted for Council's
CONSIDERATION:
B. THAT the application by Robert Leshgold (Architect) to rezone
303 Railway Street (Lot 26, Block 2, D.L. 735, Plan 3421) from
M-2 to CD-1 to allow artist 'live/work' studios be processed
in the usual manner.
GENERAL MANAGER'S COMMENTS
The General Manager of Community Services RECOMMENDS approval of A
above and submits B as an alternative for Council's CONSIDERATION.
COUNCIL POLICY
Land Use Directions - North of Hastings Street and Railway Street
Industrial Areas On September 15, 1994, Council confirmed the
industrial status of these areas and removed their 1990 "let-go"
designation.
Industrial Lands Strategy On March 14, 1995, Council adopted a policy
framework to guide future decisions on the use of industrial land.
Among the area-specific policies, the Powell Street industrial area
(which includes the North of Hastings Street and Railway Street
Industrial Areas) was confirmed as an area to be retained for industrial
use. Concerning the rezoning of industrial land, the policy states that
if an inquiry/rezoning application is submitted, it will be reported to
Council with staff's assessment of its merits according to adopted
criteria, resources required to process the application, and a direction
for Council consideration.
Artist 'Live/Work' Studios On March 28 1995, Council adopted several
staff recommendations concerning artist 'live/work' studio policies and
regulations. Most notably, these limited artist 'live/work' studios to
existing buildings and for rental tenure only. On June 1, 1995, Council
confirmed that it does not favour future artist 'live/work' studio
developments that exceed the 1.0 floor space ratio permitted for this
use in I and M zoning districts.
PURPOSE
This report seeks Council advice on a recently-submitted rezoning
application. On the basis of current policy, staff conclude that the
application should be refused. However, given the history of the
proposal as a development application that was previously supported,
Council may wish to have this rezoning application processed in the
usual manner.
BACKGROUND
Site and Proposed Development The site, zoned M-2, is near CP Rail and
Port lands (see map in Appendix A). It is across Gore Avenue from 245-
295 Alexander Street, a site also the subject of a rezoning application
(see Appendix B). Buildings on both sites, now vacant, were previously
occupied by Versacold Storage.
The rezoning application at 303 Railway Street is similar to development
application DA217589 submitted on February 21, 1995 and revised on July
20, 1995 in response to staff concern about units facing the eastern
interior property line. It proposes the renovation of a four-storey
warehouse building to provide 40 rental artist 'live/work' studios. A
Housing Agreement would ensure that the units remain rental for the life
of the building.
The floor space ratio (FSR) of the existing building is 4.46. The
proposed FSR would be 3.96, after converting a basement floor to provide
22 parking spaces. The M-2 district schedule has a maximum FSR of 5.0
for outright approval industrial uses, but it limits non-industrial
uses, such as artist studios and associated dwelling units, to a maximum
FSR of 1.0.
Development Application Processing On June 1, 1995, Council's Standing
Committee on Planning and Environment considered a report on Development
Application DA217589 pursuant to a December 15, 1994 Council resolution
that all applications for artist 'live/work' studios be reported to
Council for advice.
Planning staff supported the application as it would provide affordable
rental artist 'live/work' studios within an obsolete industrial
building. This was generally consistent with artist 'live/work' studio
policies existing at the time of the application and also the revisions
adopted by Council March 28, 1995. The significant exception was that
the application proposed an FSR of 5.0 whereas M-2 regulations limited
it to 1.0 for artist 'live/work' studios. Staff supported the proposed
FSR exceeding 1.0 on the condition that the applicant obtain a
relaxation for this from the Board of Variance, as was done for a
previous, similar development application at 1701 Powell Street
(approved in February 1994).
After hearing speakers in support of and opposed to the application, the
Council Committee approved that staff process the application, in a
similar manner to the previous, similar development application at 1701
Powell Street. An appeal to the Board of Variance on June 28, 1995 for
the required FSR relaxation was not allowed. A second appeal, on August
23, 1995, for a revised application proposing fewer units, additional
parking, and reduced floor area, was also disallowed. The development
application was consequently refused. The current rezoning application
corresponds to the development application which was revised in July,
1995.
DISCUSSION
Artist 'live/work' Studio Policies While the application proposes
rental artist 'live/work' studios within an existing building, as
supported by revised artist 'live/work' studio policies, the proposed
FSR exceeds the maximum of 1.0 permitted for non-industrial uses in the
M-2 industrial district. This is contrary to Council's June, 1995
confirmation that it does not favour artist 'live/work' studio
developments that exceed the permitted 1.0 FSR.
Rezoning Policy Policy on the rezoning of industrial land states that
if an inquiry/rezoning application is submitted, it will be reported to
Council with staff's assessment of its merits according to adopted
criteria (see below), resources required to process the application, and
a direction for Council consideration. Therefore, before undertaking
any of the customary notification or circulation and without undertaking
the usual assessment, staff are reporting the application to Council to
determine if it should be further processed.
Rezoning Criteria The rezoning application does not satisfy any of the
circumstances in which Council has stated that it is prepared to
consider the rezoning of industrial land:
(a) based upon CityPlan or other City-initiated planning process;
(b) located in a "let go" area (the Powell St. industrial area which
had been a 1990 "let go" area, was confirmed in September, 1994 as
an area to keep for industrial use);
(c) located in an area designated as Highway-oriented Retail/Industrial
and consistent with a range of retail uses (still to be specified);
(d) if located within the False Creek Flats and within the context of
the City-initiated planning study.
Based on these criteria, staff see no basis for further assessing this
application, and recommend refusal.
Resources Required to Process the Application Should Council
instruct staff to process the application in the usual manner, the
resources required to do so would be less than normally required, given
that the application has been previously reviewed as a development
application.
Council Consideration Staff recommend that the rezoning application be
refused, based on Council policies for industrial lands and for artist
'live/work' studios. However, given the history of the proposal, and
staff and Council support for the development application submitted in
February, 1995, albeit in a different policy context, Council may wish
to consider that the application be processed. Council may conclude
that the history of the proposal represents an extenuating circumstance
which might justifiably exempt it from the rezoning criteria Council
adopted in March, 1995 and the maximum FSR of 1.0 it confirmed in June,
1995 for artist 'live/work' studio developments.
If Council decides that this application should be processed, staff
would endeavour to report back (whether to refer the application to
Public Hearing or to refuse it) at the same time as for the rezoning
application at 245-295 Alexander Street. For both applications, staff
would further consider the potential impacts of artist 'live/work'
studios on surrounding industry. This is something which the applicant
of the proposed rezoning at 245-295 Alexander Street is striving to
address, in response to concerns raised by staff and surrounding
property owners and businesses.
CONCLUSION
Planning staff recommend, on the basis of existing policies, that the
rezoning application for 303 Railway Street be refused. However, given
the history of the redevelopment proposal for this site, and the support
it had from Planning staff and Council, Council may wish to have this
application processed in the usual manner.