POLICY REPORT
DEVELOPMENT AND BUILDING

	Date: August 23, 1999
	Author/Local: MD'Agostini/7727
	RTS No. 00933
	CC File No. 5304-1
	Council: September 14, 1999

TO: Vancouver City Council

FROM: Director of Current Planning

SUBJECT: CD-1 Text Amendment - 2177 West 42nd Avenue

RECOMMENDATION

THAT the application by Royal Canadian Legion Branch No. 30 to amend CD-1 By-law No. 6117 for 2177 West 42nd Avenue to allow Social Service Centre as a permitted use, be referred to a Public Hearing, together with:

(i) draft CD-1 By-law amendments, generally as contained in Appendix A;

(ii) the recommendation of the Director of Current Planning to approve; and

FURTHER THAT the Director of Legal Services be instructed to prepare the necessary by-law for consideration at Public Hearing.

GENERAL MANAGER'S COMMENTS

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

COUNCIL POLICY

On March 24, 1987 Council enacted CD-1 By-law No. 6117 permitting a two-storey Legion building, a 13-storey multiple dwelling and a collective parking lot on this site.

On October 4, 1994 Council approved amendments to parking and floor space provisions of the CD-1 By-law for the multiple dwelling component of this site (yet to be enacted).

PURPOSE AND SUMMARY

This report assesses an application to add Social Service Centre as a permitted use in the two-storey building at the east end of this site which is currently occupied by the Royal Canadian Legion Branch No. 30. Staff support the application, with limitations put on the proposed use, and recommend it be referred to Public Hearing and approved.

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DISCUSSION

Use: The only use permitted in the Legion building is "club or lodge (fraternal)" which would not include the proposed use. The applicant proposes to use the ground floor for the administrative functions of the non-profit organization Save The Children Canada. The use term Social Service Centre has been used for similar 100% non-profit administrative offices in other zoning districts, therefore staff suggested this would be an appropriate use term for the application. The Zoning and Development By-law defines Social Service Centre as "use by a non-profit society to provide information, referral, advocacy or health care service, dispensing aid in the nature of food or clothing or providing drop-in or activity space".

No concerns have been expressed by the neighbours with respect to the proposed non-profit administrative office. However, the definition of Social Service Centre provides for a wide range of other facilities, some of which may not be supported in the neighbourhood. In other residential zoning districts Social Service Centre is a conditional approval use and a development application may not be approved if a proposed facility is considered problematic. However, once a use is listed in a CD-1 By-law it becomes defacto outright. Therefore, staff recommend limiting the Social Service Centre use to "administrative functions of a non-profit society". Other types of Social Service Centre would require a text amendment including a public hearing process. The applicant agrees with this limitation.

Staff support the application, with this limitation, as the proposed use is more passive than the current rental banquet hall noting that operating hours would typically be during daytime as opposed to the night time hours of the hall. It also fits with the community service nature of the Royal Canadian Legion. Approval of the use would also be of benefit to the community as it would permit a variety of non-profit groups to occupy the space.

The change in use would also be of benefit to this Legion which has experienced a declining membership base and increasing expenses. The Legion has not been able to sustain itself and will be forced to close without forming a partnership with another non-profit organization.
CONCLUSION

The Director of Current Planning recommends that the application, with limitations on the proposed use, be referred to public hearing and that it be approved.

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DRAFT AMENDMENTS TO CD-1 BY-LAW NO. 6117

Use · Add Social Service Centre limited to administrative functions of a non-profit society [Amend Section 2].
ADDITIONAL INFORMATION

Background: This site was previously zoned RM-3 and was occupied by a one-storey Legion building and a collective parking lot prior to being rezoned to CD-1 in 1987. The CD-1 zoning permits a multiple dwelling, club or lodge (fraternal) and a parking garage, all as built. In 1994 a text amendment was approved in response to the illegal enclosure of some parking stalls which serve the multiple dwelling, but this amendment has not been enacted. That applicant has been advised that if the conditions for enactment are not met staff will follow up with enforcement action. That amendment has no impact on the current application.

Site, Surrounding Zoning and Development: This 0.44 ha (1.08 ac.) site is at the northeast corner of West 42nd Avenue and Yew Street. It is developed with a 13-storey multiple dwelling on the western portion, a two-storey building which houses Royal Canadian Legion Branch No. 30 on the eastern portion and a collective underground parking garage that serves Kerrisdale merchants and patrons, the Legion, and the residents of the multiple dwelling. Properties to the east and west are zoned RM-3 and developed with low-and high-rise multiple dwellings. Lands to the north are zoned C-2 and developed with one-and two-storey commercial buildings. Lands to the south are zoned RS-1 and are developed with a park and the Kerrisdale Community Centre.

Existing Building: The ground floor of the existing two-storey building is currently developed with dining facilities and a commercial kitchen which is available for rental. It was developed partly to earn income and offset operating costs for the Legion but it has been difficult to find sufficient volunteers and events to sustain the operation. The upper floor consists of the Legion facilities proper, which includes recreational and social amenities for members and their guests.

No exterior changes to the building are proposed except for a modest sign that identifies the new occupants and complies with the Sign By-law. The upper floor will continue to be used by the Legion.

Public Input: A notification letter was sent to nearby property owners on May 7, 1999 and a rezoning information sign was posted on the site on May 4, 1999 advising of the use by Save The Children Canada. Two phone calls were received from residents seeking clarification on the proposal. No phone calls or letters were received expressing opposition to this application.

Comments of Engineering Services: Engineering Services has no objection to the proposed text amendment.

Comments of Social Planning: "Social Planning has no objection to the intended use. However, the application is for a `Social Service Centre', but it appears that the intended use is `office'. We consider a Social Service Centre as a place where social programs and services are provided. Office is often an ancillary use in a Social Service Centre.

If the intent is for office use, then the amendment should reflect that. If it is possible to specify that the office could only be used by a non-profit society, that would help ensure the public benefit of permitting the zoning. We are not concerned about the nature of the non-profit using the space - the effect on the community should be negligible, regardless."

Note: Planning staff acknowledge these comments and recommend limiting the use to administrative functions of a non-profit society. The use term `Social Service Centre' in the Zoning and Development By-law limits the premises to a non-profit society, whereas no use term exists for `Office' limited to a non-profit society.

Environmental and Social Implications: The proposed text amendment neither contributes to, nor detracts from, the objective of reducing atmospheric pollution. Approval of the text amendment will provide space for administrative functions of a variety of non-profit societies. Save The Children Canada provides services that will be of direct benefit to children at the local and national level.

Comments of the Applicant: The applicant has been provided with a copy of this report, has no objections and has provided the following additional comments:

"Three employees will be coordinating a national project to fight the issue of children and youth involved in prostitution, which is a social planning priority of the City of Vancouver."

APPENDIX C

APPLICANT, PROPERTY, AND DEVELOPMENT PROPOSAL INFORMATION

APPLICANT AND PROPERTY INFORMATION

Street Address	2177 West 42nd Avenue
Legal Description	various
Applicant/Property Owner	Royal Canadian Legion Branch No. 30

SITE STATISTICS

	GROSS	DEDICATIONS	NET
SITE AREA	4 316 m2 (46,461 sq. ft.)	nil	4 316 m2 (46,461 sq. ft.)

DEVELOPMENT STATISTICS

	DEVELOPMENT PERMITTED UNDER EXISTING ZONING	PROPOSED DEVELOPMENT
ZONING	CD-1	CD-1 (amended)
USES	multiple dwelling, club or lodge (fraternal) parking area parking garage accessory uses	add Social Service Centre limited to administrative functions of a non-profit society

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(c) 1998 City of Vancouver