SUPPORTS ITEM NO. 4
P&E COMMITTEE AGENDA
DECEMBER 14, 1995
POLICY REPORT
DEVELOPMENT AND BUILDING
Date: November 28, 1995
Dept. File No. 94035-TWP
TO: Planning and Environment Committee
FROM: Director of Land Use and Development
SUBJECT: CD-1 Rezoning - 2897 West 41st Avenue
RECOMMENDATION
THAT the application by Chandler/Rasmussen Architects to rezone
2897 West 41st Avenue (Lot C, Block 9, D.L. 2027, Plan 5519) from
RS-1 to CD-1, to permit a main floor dental office with parking
below and a dwelling unit above, be REFUSED.
GENERAL MANAGER'S COMMENTS
The General Manager of Community Services RECOMMENDS approval of
the foregoing.
COUNCIL POLICY
No Council Policy specifically addresses this proposal.
PURPOSE AND SUMMARY
This report assesses an application to rezone one RS-1 zoned lot to
permit a 103.9 m› (1,118 sq. ft.) dental office with five parking spaces
below and a 93.8 m› (1,010 sq. ft.) dwelling unit above. The site is on
an arterial street in a low density residential area, primarily zoned
RS-1. The proposed height is 10.7 m (35 ft.) compared to 9.2 m (30 ft.)
permitted in RS-1. The driveway would be from MacKenzie Street. The rear
setback is 6 m less than RS-1 requires on the adjoining site.
Although revised plans address most design concerns, Planning staff see
no evidence of a lack of commercial or mixed use development or leasing
opportunities in the area. To the contrary, this type of rezoning may
dilute nearby commercial areas with numerous underdeveloped sites and
where vacancies are common. Staff recommend refusal.
MAP
THE ORIGINAL OF THIS DOCUMENT CONTAINS DIAGRAM OR ILLUSTRATION AT THIS
POINT.
DISCUSSION
Use The applicant has not demonstrated that there is a lack of
opportunity to lease or develop space for the proposed use in nearby
commercially zoned districts in Kerrisdale and Dunbar. To the contrary,
there are numerous sites which have not been developed to the commercial
development potential of the existing zoning. It is also common for
commercial buildings in these districts to have vacancies.
The applicant argues that no office space is available for lease for
dental office in the Kerrisdale area, largely because older buildings
have insufficient parking to meet the current health care office
standard. However, recent commercial developments in Kerrisdale could
have provided adequate parking for this use if there was a demand, and
many underdeveloped sites could be redeveloped for medical or dental
office.
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Staff have also received enquiries proposing to rezone nearby C-1 and
CD-1 commercial sites to purely residential use, indicating a surplus of
local-serving commercial zoning in the area. Therefore, staff believe
that to increase commercial development potential in this area is not
desirable. Even if additional commercial zoning became desirable, this
particular location would not be appropriate because it does not
contribute to the continuity of existing commercial districts and is
only one block from a C-1 District.
While not recommended, should Council choose to approve the rezoning,
staff propose that all forms of health care office and other
professional office with no greater potential impacts than a dentist
office such as law, accounting, engineering and architecture also be
permitted. Experience with a similar office use rezoning in Kerrisdale
(5660, 5670 Yew Street) indicates that this range of office uses would
likely be requested in future through a CD-1 text amendment should the
dentist require a larger office or move for other reasons. Including
these uses now would avoid text amendments later.
Form The result of locating parking below the office space is to raise
the building to 3-levels and 10.7 m (35 ft.), beyond the maximum 9.2 m
(30 ft.) height limit of RS-1 zoning on the adjacent property. Ramping
and turning requirements would preclude lowering the building to the RS-
1 height limit of 9.2 m (30 ft.) while retaining adequate parking and a
pitched roof.
For safety reasons, and in the absence of a rear lane, the City Engineer
requires that vehicular access would be from MacKenzie Street rather
than 41st Avenue. However, from a neighbourhood point of view, it would
be preferable to have the office entry from West 41st Avenue. This
factor detracts from the suitability of the site for commercial use.
The proposed rear setback is 6 m (20 ft.) less than would be required on
the RS-1 site to the north and would intrude upon that dwelling and the
CD-1 site to the east. It is not possible to increase the rear set back
further due to the configuration of the proposed parking.
The proposed form of development (see Plans, Appendix D) has been
substantially revised since the June 1994 Design Panel review resulted
in unanimous non-support(see Appendix E). The revised form, supported
by the Panel (August 1995), seeks to create a residential character in
the building by providing a house-like shape with a pitched roof.
However, even with the revised and much improved design, the issues
noted above suggest the form would still not conform to the single-
family context of the area. - 4 -
Comments of the Applicant The applicant has been provided a copy of the
report and submitted comments as contained in Appendix D. In response
to these comments, staff note that the applicant incorrectly refers to
the adjoining development to the east as a 3-storey commercial building
when it is a multiple dwelling. Also, application drawings show the
main floor level to be 0.9 m (3 ft.) above grade, to provide clearance
for underground parking, which is, therefore, not fully below grade as
stated by the applicant. The comments also indicate that the applicant
wishes to revise the requested maximum height to 9.7 m (32 ft.) instead
of 10.7 m (35 ft.) shown in submitted plans. It is unclear to staff
what extent of changes in roof form this might imply, potentially
detracting from the residential character.
CONCLUSION
Planning staff conclude that the land uses proposed in this rezoning
offer no public benefit. The result would be detrimental to both the
pattern of commercial and residential development in this part of
Kerrisdale. The proposed form of development would also be somewhat
incongruous within its RS-1 context with respect to height, setbacks,
and a commercial driveway. Staff are also particularly concerned, if
the application is approved, with the message that would be sent to
owners of many other residential properties on numerous similar arterial
streets across the City, given the long standing surplus supply of
commercially-zoned lands in most parts of the City. For these reasons,
it is recommended that the rezoning be refused.
However, should Council wish to consider a CD-1 rezoning of the site at
Public Hearing, it is recommended that a broader range of office uses be
included in the draft CD-1 By-law, as shown in Appendix A, subject to
conditions as contained in Appendix B. The Sign By-law would also need
to be amended to permit signage for the office; the Noise Control By-law
amended to include this site in Schedule B; and the Subdivision By-law
amended to remove this site from the maps which accompany Schedule A of
the Subdivision By-law.
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