POLICY REPORT
BUILDING AND DEVELOPMENT

Date: March 25, 1999
Author/Local: RWhitlock/7814
RTS No. 00538
CC File No. 5308

Council: April 13, 1999

TO:

Vancouver City Council

FROM:

Director of Central Area Planning on behalf of Land Use and Development

SUBJECT:

Adjustments to Conditions of Approval for CD-1 Text Amendment for 1925 West 33rd Avenue (Arbutus Gardens)

RECOMMENDATION

THAT the conditions of approval for the CD-1 Text Amendment for 1925 West 33rd Avenue (Arbutus Gardens), established by Council on October 20, 1998 following a Public Hearing, be amended as detailed in Appendix A, to:

· add a condition to allow the distribution of visitor parking to be to the satisfaction of the General Manager of Engineering Services at the development permit stage;

· amend the non-discrimination agreement condition to provide some flexibility in the designation of family units within identified strata units in Parcels 3, 4, 5 and 6;

· adjust the Community Amenity Contribution (CAC) to $2.33 per buildable sq. ft. (approximately $1.71 million); and

· adjust timing for a report back on CAC expenditures to the end of June, 1999.

GENERAL MANAGER'S COMMENTS

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

COUNCIL POLICY

On October 20, 1998, Council approved an application to amend the text of the CD-1 zoning for 1925 West 33rd Avenue (Arbutus Gardens), subject to a number of conditions. This action followed a Public Hearing held September 29 and 30, 1998.

PURPOSE

This report outlines minor proposed adjustments to the conditions of approval for 1925 West 33rd Avenue (Arbutus Gardens). These changes are supported by staff.

BACKGROUND

At the Public Hearing for Arbutus Gardens, staff presented a number of conditions of approval, some of which are to be met in conjunction with subsequent development applications for each of the seven proposed parcels, and the remaining to be met prior to enactment of the CD-1 text amendment.

DISCUSSION

Exact wording of the referenced conditions, existing and proposed, is outlined in Appendix A.

Parking: Parking is to be provided in accordance with the RM-3 Parking By-law provisions, changed from RM-4 provisions by Council in return for a CAC. The applicant is requesting that the distribution of the reduction in parking spaces be at the developer's choosing at the development permit stage for each phase. Engineering Services has indicated a willingness to allow visitors parking spaces to be developed on a collective basis, but otherwise parking will need to be provided in accordance with the requirement for each building. A new condition which gives discretion to the General Manager of Engineering Services in the distribution of visitor spaces is recommended.

CAC: Council established a CAC of $1.854 million based on a value of $18,000 for each parking space to be relaxed, determined to be 103 spaces prior to changes approved by Council at the Public Hearing.

In reaching a decision on the proposed rezoning, Council eliminated the eighth and ninth storeys and did not allow reallocation of density resulting from this reduction. This action caused two changes that were not factored into Council's decision as it related to the floor space ratio being reduced to 1.41. The number of parking spaces to be relaxed was decreased from 103 to 95. Consequently the CAC should be amended to $1.71 million.

CAC Allocation: Council further requested that staff report back on the expenditure of the CAC at the time of enactment. Preliminary listing of possible projects has been undertaken by Engineering and Park Board staff; however, it will take a month or more to assess these projects and report back to Council. Staff recommend that the report back requirement be extended to the end of June, so as not to delay enactment.

Non-discrimination Agreement: The applicant had indicated in a number of public meetings an interest in designating one or more of the seven phases of the project for adults or seniors; however, no such designation was outlined in the application or any written material supporting the application, and the applicant did not comment on the regular non-discrimination clause applying to all units that was recommended by staff.

The applicant would now like to designate certain phases for adults or seniors, and the present wording of the non-discrimination agreement condition would not allow such designation.

In discussion with staff, it has been agreed that Parcels 1, 2 and 7 will be best suited for family housing (Parcel 1 being the 100 rental units). The Director of the Housing Centre agrees with a more flexible approach as long as the agreement can be extended to units in the remaining parcels which may be suitable for families. This determination can be made most appropriately at the development permit stage. Consequently, the proposed amended condition would provide that flexibility.

CONCLUSION

Staff recommend the changes to the conditions of approval for the CD-1 text amendment for 1925 West 33rd Avenue outlined in Appendix A to this report. A Public Hearing is not required to make these changes.

* * * * *

APPENDIX A
Page 1 of 2

Modifications to Conditions of Approval for the Text Amendment to
CD-1 By-law for 1925 West 33rd Avenue [Arbutus Gardens]

Visitor Parking:

1. Add the following condition to (c):

"THAT distribution of visitor parking will be to the satisfaction of the General Manager of Engineering Services;"

Community Amenity Contribution (CAC):

1. Revise as follows:

EXISTING:

"(d) (vi) A Community Amenity Contribution (CAC) of $2.46 per sq. ft. of building area payable upon issuance of the first Building Permit for each phase of the development, escalated by the Consumer Price Index from the date of the Public Hearing ($1,854,000 on the total development as of the Public Hearing)."

PROPOSED:

"(d) (vi) A Community Amenity Contribution (CAC) of $2.33 per sq. ft. of building area payable upon issuance of the first Building Permit for each phase of the development, escalated by the Consumer Price Index from the date of the Public Hearing ($1,710,000 on the total development as of the Public Hearing)".*

* italicized wording notes proposed wording changes.

APPENDIX A

Page 2 of 2

Allocation of CAC:

1. Revise the following:

EXISTING:

"that staff be instructed to report back to Council at or prior to the time of enactment of the rezoning on the appropriate allocation of the CAC funds".

PROPOSED:

"that staff be instructed to report back to Council by the end of June, 1999 on the appropriate allocation of the CAC funds".

Non-Discrimination Agreement:

1. Revise as follows:

EXISTING:

"(d) (iv) Non-discrimination: Enter into an agreement, to the satisfaction of the Director of Legal Services, preventing discrimination against families with children in the sale and/or occupancy of residential units".

PROPOSED:

"(d) (iv) Non-discrimination: Enter into an agreement prior to the issuance of development permits for each parcel, to the satisfaction of the Director of Legal Services and the Director of the Housing Centre, preventing discrimination against families with children in the sale and/or occupancy of all residential units in Parcels 1, 2 and 7, and those as yet unidentified units in the remaining Parcels 3, 4, 5 and 6. The Director of the Housing Centre shall decide which units of Parcels 3, 4, 5 and 6 shall be subject to this non-discrimination."

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TO:	Vancouver City Council
FROM:	Director of Central Area Planning on behalf of Land Use and Development
SUBJECT:	Adjustments to Conditions of Approval for CD-1 Text Amendment for 1925 West 33rd Avenue (Arbutus Gardens)