CD-1 Rezoning: 1302 East 12th Ave

POLICY REPORT
DEVELOPMENT AND BUILDING

Date: July 11, 2000

Author/Local: BMcAfee/7699

RTS No. 01519

CC File No. 5308

Council: July 25, 2000

TO: Vancouver City Council

FROM: Director of Current Planning

SUBJECT: CD-1 Rezoning - 1302 East 12^th Avenue

RECOMMENDATION

THAT the application by Tarsen Gill, to rezone 1302 East 12^th Avenue (Lot H of A, Block 17, District Lot 264A, Plan LMP 11981) from RT-5N Two Family Dwelling District to CD-1 Comprehensive Development District to permit development of 15 dwelling units, be referred to Public Hearing, together with:

(i) plans received March 10, 2000

(ii) draft CD-1 By-law provisions, generally as contained in Appendix A; and

(iii) the recommendation of the Director of Current Planning to approve, subject to the conditions contained in Appendix B.

FURTHER THAT the Director of Legal Services be instructed to prepare the necessary CD-1 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 July 21, 1998 City Council approved the Kensington-Cedar Cottage (KCC) Community Vision and indicated that the vision directions be used to help guide policy decisions.

On January 28, 1999 Council approved that Community Amenity Contributions will apply for all private rezoning applications received after December 12, 1998.
PURPOSE AND SUMMARY

This report assesses an application to rezone this site from RT-5N Two Family-Dwelling District to CD-1 Comprehensive Dwelling District to permit development of 15 dwelling units in a 3-storey multiple dwelling at a density of 1.12 FSR.

DISCUSSION

History: In 1992 this site was rezoned to CD-1 to permit the development of 15 units in a multiple dwelling. Prior to this, the City had purchased three C-1 zoned lots at the southeast corner of Clark Drive and East 12^th Avenue. The westernmost lot was established as road in 1990 and the remaining two lots were sold by tender in 1991 to an owner who also owned an adjoining lot that was zoned RT-5N. These three lots were consolidated as a requirement of a rezoning to CD-1 in 1992 (the current site). The marketing of the property for multiple dwelling use was not successful and the owner felt that the development of two family dwellings under the previous zoning of RT-5N would be more viable. Subsequently, an application to rezone back to RT-5N was approved at Public Hearing on April 13, 1999 and the by-law was enacted on June 15, 1999.

The current proposal is to rezone the site back to CD-1 to permit the identical form of development approved in principle in 1992.

Use: The 1992 staff report assessed the merits of development under existing zoning of the then three lot development site. (Two lots C-1 and one lot RT-5N.) Staff concluded that commercial zoning is not desirable because demand is weak, vehicular access is difficult and commercial development may detract from the vitality of the Commercial Drive retail district
near 12^th Avenue.

At that time (1992), both staff and the Urban Design Panel considered the site to be marginal for grade-level residential use due to the inhospitable nature of the intersection and raised concerns about noise, ventilation, safety and privacy for main floor occupants. However, both staff and the majority of Urban Design Panel members at the time considered the proposal capable of achieving a livable residential environment. Livability concerns could be addressed through several design features discussed below under "Form".

Density: The floor space ratio (FSR) approved under the previous CD-1 was 1.10. However, at the Development Permit application stage, the calculation for enclosed patios would have required some relaxations. As the form of development has not altered from the previously approved drawings, it is recommended that an FSR of 1.12 be permitted to accommodate the current balcony enclosure and setback calculations. It should be noted that a density of 1.2 FSR is possible on the other three C-1 zoned corners of this intersection.

Form: The 1992 staff report on the previous CD-1 rezoning application analyzed the application with respect to form, neighbourhood fit, impact mitigation of the intersection, acoustic provision, sunlight access, and view impacts on the neighbours. To mitigate impacts, the design conditions imposed in 1992, outlined in Appendix B, are again recommended.

An existing cedar tree previously recommended for retention was removed without permit in July1999. A condition of a new development permit will be the replacement of a suitably sized tree.

Compliance with Kensington Cedar Cottage Community Vision: The subject site is located within the northwestern boundary of the Kensington Cedar Cottage (KCC) Community Vision area. The proposed rezoning generally meets KCC Vision Direction 21.1 of providing more housing variety in the form of rowhouses, four- and six-plexes and/or duplexes. The Vision calls for more planning before the addition of housing through rezoning, except in the case of seniors designated housing. However, this rezoning would simply re-instate the CD-1 zoning that was in place during the Visioning program and is therefore not seen as an addition of housing from which the local community was assuming as given at the time of Visioning.

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CONCLUSION

Staff recommend that this rezoning application be referred to Public Hearing on the basis that the proposed development is identical to that approved in 1992, it is consistent with adjacent uses and density, and that it meets the general intent of the Kensington Cedar Cottage Community Vision.

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DRAFT CD-1 BY-LAW PROVISIONS

Uses: Multiple Dwelling containing a maximum of 15 dwelling units.

Accessory uses customarily ancillary to multiple dwelling.

Density: Maximum FSR of 1.12

Maximum Height: 11.3 m (37 ft.)

Parking: 0.85 spaces per dwelling unit plus 1 space for each 250 m² of Gross Floor Area

Noise: Acoustic provisions per RT-5N district schedule.

PROPOSED CONDITIONS OF APPROVAL

1218 East 12^th Avenue

(a) THAT the proposed form of development be approved by Council in principle, generally as prepared by Neale Staniszkis, Doll & Adams Architects and stamped "Received City Planning Department March 10, 2000", provided that the Director of Planning may allow minor alterations to this form of development when approving the detailed scheme of development as outlined in (b) below.

(b) THAT prior to approval by Council of the form of development, the applicant shall obtain approval of a development application by the Director of Planning, who shall have particular regard to the following:

(i) provision of bicycle parking in accordance with guidelines approved by Council on December 5, 1991;

(ii) design development to increase sunlight access and openness of southerly rooms, entries and patios of units A1, A2 and A3, through a combination of split level floor plan, lower walkway elevation, lower courtyard elevation and raised floor levels in those units without substantially altering the proposed roof-line.

(iii) provision of secure access to and from underground parking;

(iv) design development of the landscape plan as follows:

· provision of 1 m (3.3 ft.) high wall or substantial fence with individual entry gates along Clark Drive and East 12^th Avenue in order to provide more visual interest and visual penetration of this site;

· provision of landscape treatment at these entries which reinforces and individualizes them;

· provision of a larger more usable grass area in the courtyard without reducing proposed plant material;

· provision of minimum 6 cm. Caliper trees along Clark Drive and East 12^th Avenue

· provision of one additional tree along the Clark Drive frontage;

· provision of specimen replacement tree (minimum 7 in. to 8 in. caliper) in the location of the former Cedar tree.

Note to Applicant: Prior to development permit approval, the applicant will be required to provide a receipt for purchase for the new specimen replacement tree and a letter of undertaking from a reputable Landscape contractor or a Tree Moving company , to the satisfaction of the Director of Planning);

· provision of a landscape lighting plan for security purposes;

Note to Applicant: Lighting details can be added to the landscape drawings; all existing light poles should be shown; and

· all proposed patios and walkway hard surfaces should be illustrated and specified on the landscape plan. In order to increase site permeability in accordance with Engineering policies, proposed walkways and patios should be inter-locking pavers or other similar porous paving material.

(v) provision of a trellis with vines over the parking ramp;

(vi) provision of an acoustic design response which includes:

· an acoustical evaluation of the proposed development to be undertaken before and after completion, by an approved acoustical engineer;

· provision of a detailed list of all of the materials to be used, so as to ensure that the acoustical criteria will be met before construction begins;

· particular attention to the quiet time noise in the acoustical report, i.e. the noise between 10:00 p.m. and 7:00 a.m.;

· measures to ensure that the courtyard, or alternate outdoor amenity space, will meet 55 dBA;

· where possible, location of the living rooms and particularly the bedrooms away from the roadway.

(vii) provision of a legal survey illustrating the following information:

1. Existing trees 20 cm caliper or greater on the development site

2. The public realm (property line to curb), including existing street trees, street utilities such as lamp posts, fire hydrants, etc., adjacent to the development site.

(c) THAT prior to enactment of the CD-1 By-law, the owner shall:

(i) make suitable arrangements, to the satisfaction of Manager of Engineering Services, for all electrical and telephone services to be undergrounded within and adjacent to the site from the closest existing, suitable service point;

(ii) provide an agreement to the satisfaction of the Director of Legal Services to not discriminate against families with children in the sale of units; and

(iii) pay a Community Amenity Contribution of $682.00.

ADDITIONAL INFORMATION
Site, Surrounding Zoning and Development: This site with a total area of 1058.4 m² (11,392.41 sq. ft.), is located on the south east corner of East 12^th Avenue and Clark Drive and slopes down from south to north approximately six feet. The site has a frontage of 30.19 m (99.03 ft.) and a depth of 35.07 m (115.04 ft.) and is presently vacant.

Surrounding lands to the south and east are zoned RT-5 and RT-5N, both two family dwelling districts, and are developed with one-family, two-family and multiple conversion dwellings. The other corners of the intersection are zoned C-1 for local commercial use. Two are occupied by gasoline service stations and the third by a cluster of small commercial buildings with upper storey residential use. There have been extended vacancies in the commercial space.

Proposal: The development would include a 3-storey multiple dwelling, containing a total of 15 two-bedroom dwelling units, opening onto an interior courtyard. One- and two-storey units would form an L-shape along the arterial frontages to enclose the courtyard.

Public Input: A notification letter was sent to 370 nearby property owners on March 28, 2000, and a rezoning information sign was posted on the site on April 14, 2000. One letter and four phone calls were received. Two phone calls were in support of the application and the letter and two phone calls were opposed to the application. Opposition was on the basis of livability of the units and the density of the project.

Staff believe the livability issues can be addressed through the design conditions imposed.

Comments from Engineering Services: "Engineering Services has no objections to the proposed rezoning provided the following issue can be addressed prior to by-law enactment:

· All new electrical and telephone services are to be undergrounded from the closest existing suitable service point which will include a review of overhead plant upgrading that may be necessary to serve this project in order to determine it's impact on the surrounding neighbourhood. (This may result in the telephone and/or electrical service points being changed in order to reduce the extent of the servicing impacts on the neighbourhood); and

· Parking for this development should be provided at the following rate:

- 0.85 spaces per dwelling unit plus 1 space for each 250 m² of Gross Floor Area."

Environmental and Social Implications: The proposed rezoning neither contributes nor detracts from the objective of reducing atmospheric pollution. There are no major positive or negative social implications to this proposal. There are no implications with respect to the Vancouver Children's Policy or Statement of Children's Entitlements.

Community Amenity Contribution (CAC): At the time of the 1992 rezoning of this site to CD-1, there was no policy to collect CACs for small projects such as this one. When Council, in January 1999, approved the current interim policy to collect CACs for rezonings based on the net increase in allowable floor space, this site was still zoned CD-1. It was rezoned back to RT-5N in June, 1999.

A strict interpretation of the policy would require a CAC to be paid based on the net increase between the maximum floor space under RT-5N (0.75 FSR), and the proposed (1.12 FSR) - an increase of 0.37 FSR. The CAC, based on this increase, would be $12,617.

While the interim CAC policy does not address this particular situation, staff believe it is reasonable to calculate the CAC based on net increase between the permitted density under the previous CD-1 as of the date of the adoption of the policy (1.10 FSR) and the proposed density (1.12 FSR) reflecting a revised method of calculating areas below enclosed balconies - an increase of 0.02 FSR. The recommended CAC, based on this increase, is $682.

Comments of the Applicant: The applicant agrees with the contents of this report including the proposed conditions of approval.

APPENDIX E

APPLICANT, PROPERTY, AND DEVELOPMENT PROPOSAL INFORMATION

APPLICANT AND PROPERTY INFORMATION

Street Address

1302 East 12^th Avenue

Legal Description

Lot H of A, Block 17, District Lot 264A, Plan LMP 11981

Applicant

Tarsen Gill

Architect

Neale Staniszkis Doll & Adams

Property Owner

A.L. Sott Financial Inc.

SITE STATISTICS

GROSS

DEDICATIONS

NET

SITE AREA

1 056 m² (11,367 sq. ft.)

None

1 056 m² (11,367 sq. ft.)

DEVELOPMENT STATISTICS

DEVELOPMENT PERMITTED UNDER EXISTING ZONING

PROPOSED DEVELOPMENT

ZONING

RT-5N

CD-1

USES

Two Family Dwelling

Multiple Dwelling

DWELLING UNITS

6

15

MAX. FLOOR SPACE RATIO

0.75 FSR

(conditional approval)

1.12

MAXIMUM HEIGHT

10.7 m (35 ft.)

11.3 m (37 ft.)

MAX. NO. OF STOREYS

2 ½

3

PARKING SPACES

as per Parking By-law

22

FRONT YARD SETBACK

20% and no less than 5.5 m (18 ft.)

3.3 m (11 ft.)

SIDE YARD SETBACK

10% to maximum of 1.5 m (5 ft.)

Exterior 3.1 m (10.2 ft.)

Interior 1.7 m (5.5 ft.)

REAR YARD SETBACK

30% and no less than 8.2 m (27 ft.)

n/a

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	Date: July 11, 2000
	Author/Local: BMcAfee/7699
	RTS No. 01519
	CC File No. 5308
	Council: July 25, 2000

Street Address	1302 East 12^th Avenue
Legal Description	Lot H of A, Block 17, District Lot 264A, Plan LMP 11981
Applicant	Tarsen Gill
Architect	Neale Staniszkis Doll & Adams
Property Owner	A.L. Sott Financial Inc.

	GROSS	DEDICATIONS	NET
SITE AREA	1 056 m² (11,367 sq. ft.)	None	1 056 m² (11,367 sq. ft.)

	DEVELOPMENT PERMITTED UNDER EXISTING ZONING	PROPOSED DEVELOPMENT
ZONING	RT-5N	CD-1
USES	Two Family Dwelling	Multiple Dwelling
DWELLING UNITS	6	15
MAX. FLOOR SPACE RATIO	0.75 FSR (conditional approval)	1.12
MAXIMUM HEIGHT	10.7 m (35 ft.)	11.3 m (37 ft.)
MAX. NO. OF STOREYS	2 ½	3
PARKING SPACES	as per Parking By-law	22
FRONT YARD SETBACK	20% and no less than 5.5 m (18 ft.)	3.3 m (11 ft.)
SIDE YARD SETBACK	10% to maximum of 1.5 m (5 ft.)	Exterior 3.1 m (10.2 ft.) Interior 1.7 m (5.5 ft.)
REAR YARD SETBACK	30% and no less than 8.2 m (27 ft.)	n/a