Agenda Index City of Vancouver

POLICY REPORT
DEVELOPMENT AND BUILDING

TO:

Vancouver City Council

FROM:

Director of Current Planning

SUBJECT:

CD-1 Rezoning - 1175 Broughton Street

 

RECOMMENDATION

GENERAL MANAGER'S COMMENTS

COUNCIL POLICY

PURPOSE AND SUMMARY

This report assesses an application to permit development of 99 units of congregate housing in a nine storey building at a density of 2.75 FSR. The proposal also includes a multi-purpose space on the ground floor to be used by the adjacent Guardian Angel's Church and 74 underground parking spaces for the congregate housing and church.

The proposal would provide moderately-priced, rental congregate housing with support services in the West End where this type of housing is lacking. Conditions of approval are proposed to respond to the draft congregate housing guidelines and to achieve improvements to the form of development.

Staff recommend that the application be referred to Public Hearing, and that it be approved subject to conditions.

DISCUSSION

Uses: The application proposes 99 units of congregate housing which would be developed and operated by Columbus Charities, a non-profit association, on a site leased from the Guardian Angels Catholic Church. As part of a 60-year lease arrangement with the Church, Columbus Charities has agreed to pay $1.00 for the land and include in their proposal a 146.2 m² (1,573 sq. ft.) multi-purpose space (church hall) and 49 underground parking spaces for the Church's use. The Church would also pay Columbus Charities $1,000.00 per month for the underground parking spaces.

(i) Congregate Housing

Special Needs Residential Facility (SNRF) - Congregate Housing, is a use that fills a gap in providing housing for seniors who wish to vacate their private residence or are lonely and tired of preparing their meals, but who do not require multi-level care. Currently there are no congregate housing units in the West End to serve that neighbourhood's elderly population. The use is supported by staff.

This form of housing is not licensed or regulated nor is there presently any public financial assistance available, therefore when a non-profit group proposes this type of housing it should be encouraged. Real Estate Services' staff have reviewed the economics of the project and estimate that full market rents, including food and services, for the proposed use would be on average approximately $1,400 per month. However, the proposal is a break-even operation with lower rents of about $910-$1,100 per unit. It is questionable whether the lower rents are sustainable in the long term for the break-even operation, since operating and other costs will rise over time. This is why it is best to avoid imposing rent controls through a housing agreement. Rent control is too simplistic whereas an agreement which gears rents to costs is far too intrusive and complicated. The invisible hand of the marketplace should be trusted to keep the rents at appropriate levels. Nevertheless, to ensure the providing of long-term rental, staff recommend that stratification be prohibited.
The Vancouver/Richmond Health Board (VRHB) is pursuing ways of supporting the development of affordable housing options, including housing with support services, for moderate to low income seniors. The VRHB proposes to partner with Columbus Charities and is prepared to provide some operational funds in exchange for access to fifty percent of the units for their clients. The VRHB has indicated that they will help finance the support service portion of the project (including on-site coordinator, kitchen staff and possibly an activity programmer) by contributing approximately $250,000 to $300,000 per year for 10 years. This proposal should help achieve the project's proposed rents for the first 10 years.

On July 11, 2000, Council received a staff report presenting draft guidelines for congregate housing. These guidelines have been used to evaluate this proposal and design development conditions are recommended (Appendix B) to ensure that the units are functionally useable, provide adequate dining room, amenity space and storage, and meet fire and safety concerns.

The applicant is proposing dwelling units, a dining room and common area (amenity space) that do not meet the congregate housing guidelines. Table I below shows sizes recommended in the guidelines, sizes proposed by the applicant and sizes staff would support given certain conditions.

Table I

 

Size Proposed by Application

Size in Draft Guidelines

Size Recommended by Staff (with conditions)

Dwelling Units
(minimum size)

24.6 m² - 25.1 m²
(265 - 270 sq. ft.)

28 m²
(300 sq. ft.)

24.6 m² - 25.1 m²

Dining Room

120 m² (1,295 sq. ft.)

198 m² (2,130 sq. ft.)
1 seating

130 m² (1,400 sq. ft.)
2 seatings

Main
Common Area

97.5 m² (1,050 sq. ft.)

149 m² (1,600 sq. ft.)

143.8 m² (1,548 sq. ft.)
[97.5 m² (1,050 sq. ft.)
on ground floor
46.3 m² (498 sq. ft.)
on 3rd floor]

Staff are willing to support dwelling units of 24.6 m² - 25.1 m² (265 -270 sq. ft.) provided that the unit layouts are improved, as detailed in Appendix B. Staff will support a dining room of 130 m² (1,400 sq. ft.) provided that an operating plan demonstrates that residents and visitors can be accommodated. (The size of the dining room would require two seatings.) The proposed resident's common area (amenity space) on the ground floor would need a substantial increase in area to meet the size (149 m²) recommended in the draft Guidelines. The current plans show a 243.7 m² (2,623 sq. ft.) amenity space on the ground floor of which 146.2 m² (1,573 sq. ft.) is designated for the church hall and 97.5 m² (1,050 sq. ft.) for residents. However, the applicant has indicated that a 46.3 m² (498 sq. ft.) resident amenity space could also be provided on the 3rd floor. Staff will support these two amenity spaces (the ground floor 97.5 m² and the proposed 3rd floor 46.3 m²) as equivalent to the main floor amenity space recommended in the draft Guidelines, subject to a significant redesign of the main floor. The redesign should provide a minimum 97.5 m² amenity space designed for exclusive use by the residents, with physical separation by a permanent wall between the church hall and the residents' amenity space. (For more details see the discussion below and Appendix C.) Staff's support of the main common areas assumes that additional amenity spaces are provided on the residential floors of the building. Current plans indicate a spaceof approximately 20 m² (220 sq. ft.) per floor. Further design development is needed to make these spaces more usable.

(ii) Multi-purpose Space/Church Hall

The application currently proposes one large ground floor space (243.7 m² [2,623 sq. ft.] in size) of which 146.2 m² (1,573 sq.ft.) is designated for use by the adjacent church for activities such as receptions following events held at the church, as well as certain non-parish activities such as a polling place, or community events. Staff are of the view that 97.5 m² (1,050 sq. ft.) is the minimum ground floor space to be designed as amenity space for the exclusive use of the residents, as noted above. This space is the "living room" of the residents and is the most significant space in the building for programming or activities. The remaining space on the ground floor (146.2 m² [1,573 sq. ft.]) can be used for the proposed church hall uses provided that the space be self-contained and that issues of building security be addressed (Appendix B). Building Code Review staff have also reviewed this application and note that the multi-purpose space will require fire separation between it and other areas of the building.

(iii) Ground Floor Uses

As noted above, the ground floor will be shared by two uses - congregate housing and church hall; however, there are a number of outstanding issues related to the shared use. Usually, staff would try and resolve these issues prior to referring an application to Public Hearing. In this case, the applicant is very concerned about timing and funding for the project and has requested that the report be forwarded before the issues are resolved. Staff expect that the issues can be resolved at the development application stage.

The ground floor needs substantial work to designate the separate uses. In particular, the ground floor should be redesigned to provide:

· separation by a permanent wall with soundproofing between the church hall and congregate housing common area;

· access to and from the parking garage, so the public and church members do not use the elevator and stairs intended for the congregate housing residents. An additional elevator may be required;

· wheelchair access to the church hall;

· additional washrooms, as currently the only washrooms available to the public using the church hall would be located in the congregate housing facility and shared with the congregate housing residents.

Conditions of design development (Appendix B) are recommended to address these issues.

Density: The application proposes a density of 2.75 FSR (floor space ratio). The site's existing RM-5 zoning permits a maximum density of 1.50 FSR. The adjacent RM-5A zoning across Davie Street permits 2.20 FSR and the nearby RM-5B zone permits 2.75 FSR. Although the proposed density is substantially greater than what is currently allowed on the site, the additional density is sought primarily to provide for units at low-end rents. Real Estate Services' staff have reviewed the project proforma and concluded that the additional density is necessary for this non-market project to be economically viable. Real Estate Services' staff also note that the density increase would not provide a development profit greater than that of a RM-5 condominium project at the current 1.50 FSR. The reasons for this phenomenon are: (i) the prohibition of stratification, i.e. long term rental generates a lower revenue, square foot for square foot, compared with a condominium project; (ii) the higher density means a concrete rather than a wood-frame building, which costs more to construct; and (iii) a significantly low building revenue-generating efficiency (net to gross floor area ratio) reduces the project's revenue correspondingly.

Form of Development: The Urban Design Panel reviewed this application on two separate occasions and, although the Panel supported the use and density, it was unable to support the proposed form of development (Appendix D). The applicant has further revised the proposal as shown in Appendix E (on file in the City Clerk's Office) in an effort to respond to Panel concerns. Although the Panel has not reviewed the most recent proposal, staff note that if the proposal is approved in principle at Public Hearing it would go back to the Panel for further review at the development permit stage. Conditions of design development (Appendix B) are recommended in response to the following urban design issues raised by staff and the Panel:

· impact of the increased density and height on the character of Davie Street, one of the West End's major pedestrian streets;

· impact of the elevator penthouse on views;

· relationship of the ground floor plane to the landscaping and the street;

· integration of the building into the neighbourhood and streetscape (particularly Davie Street);

· scale of the building;
· treatment of the public realm at the corner of Davie and Broughton Streets;

· pedestrian entry to the proposed church hall from Broughton Street; and

· treatment of the top storey.

Parking: The proposal includes underground parking for the congregate housing (25 spaces), the adjacent Guardian Angels Church (39 spaces) and the multi-purpose space (10 spaces). In total, 74 underground parking spaces are proposed. For the congregate housing, Engineering staff recommend a parking requirement of one parking space for every four units which is equivalent to 25 off-street parking spaces. Engineering staff also recommend a minimum of 30 parking spaces for use by the adjacent church and expect that these spaces should also meet the parking needs of the multi-purpose space/church hall. The proposed parking exceeds this requirement. The draft CD-1 By-law specifies a minimum of 30 spaces, but more can be provided if desired.

Community Amenity Contribution [CAC]: On January 28, 1999, City Council approved an Interim City-wide CAC Policy which applies to all private rezoning applications received as of December 8, 1998. CACs would provide funds for additional community amenities needed for new residents.

This rezoning application, received in April 29, 1999, is subject to a CAC because it does not meet the criteria for exemption. While the operation is a non-profit society and VRHB will provide operating subsidies for 10 years, staff do not propose to impose a Housing Agreement that would restrict rents affordable to seniors eligible for SAFER. The CAC would be charged on the net increase in allowed floor area at a rate of $32.29 per square metre ($3.00 per sq. ft.). The proposed net floor area increase of 2 015 m² (21,690 sq. ft.) would equate to a CAC of $65,064.35.

CONCLUSION

Staff support the use and higher density proposed in this application. The proposal offers moderately-priced, rental congregate housing with support services that currently is not available in this area of the city. Outstanding concerns about the form of development will be addressed through further design development prior to Council's formal adoption of the form of development. Staff recommend that the application be referred to a Public Hearing with a recommendation by the Director of Current Planning to approve it, subject to proposed conditions presented in Appendix B.

- - - - -
DRAFT CD-1 BY-LAW PROVISIONS

Uses

Density

Height

Parking

Acoustics

PROPOSED CONDITIONS OF APPROVAL

(a) That the proposed form of development be approved by Council in principle, generally as prepared by Studio One Architects, and stamped "Received City Planning Department", October 19, 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:

(c) That, prior to enactment of the CD-1 By-law, the registered owner shall, at no cost to the City:

Where the Director of Legal Services deems appropriate, the preceding agreements are to be drawn, not only as personal covenants of the property owner, but also as Covenants pursuant to Section 219 of the Land Title Act.
Such agreements are to be registered in the appropriate Land Title Office, with priority over such other liens, charges and encumbrances effecting the subject site is considered advisable by the Director of Legal Services, and otherwise, to the satisfaction of the Director of Legal Services, prior to enactment of the by-law; provided, however, the Director of Legal Services may, in her sole discretion and on terms she considers advisable, accept tendering of the preceding agreements for registration in the appropriate Land Title Office, to the satisfaction of the Director of Legal Services, prior to enactment of the by-law.

The preceding agreements shall provide security to the City including indemnities, warranties, equitable charges, letters of credit and withholding of permits, as deemed necessary by and in a form satisfactory to the Director of Legal Services.

The timing of all required payments shall be determined by the appropriate City official having responsibility for each particular agreement, who may consult other City officials and City Council.

ADDITIONAL INFORMATION

Site, Surrounding Zoning and Development: This 1 606 m² (17,292 sq. ft.) site consists of two parcels located on the west side of Broughton Street and the north side of Davie Street. The site has a frontage of 39.9 m (131ft.) and a depth of 40.2 m (132 ft.) and slopes down from east to west. The site is presently occupied by a surface parking area (for the adjacent church) and a small, one and a half-storey, vacant building. Until 1995, the vacant building was used for child daycare.

North of the site is the Guardian Angels Catholic Church which owns the subject site. To the west of the site along Davie Street are older 3 and 4-storey apartment buildings. The properties are all zoned RM-5. The properties to the south across Davie Street are zoned RM-5A and are developed with a mix of low (3 storeys) and high-rise (11-14 storeys) apartment buildings. The majority of the surrounding buildings provide rental accommodation.

Proposed Development: The proposed rezoning would allow a 9-storey building which would include 99 units of congregate housing. The congregate units would consist of 63 studio and 36 one-bedroom units. The dining room and some common amenity area for the residents would be located on the south side of the main floor. The north side of the main floor would include amenity area for the residents and a multi-purpose space/church hall which would be available for use by the adjacent church for various functions.

Two levels of underground parking would provide 74 parking spaces. Access to the underground parking would be from the lane .

Congregate Housing Guidelines: Generally, the project conforms to the draft congregate housing guidelines with the following significant exceptions:

· The guidelines recommend that dwelling units of at least 28 m² (300 sq. ft.) are preferred but smaller units may be considered if they are functionally useable. Almost all of the proposed units are less than 28 m², with _ of the units being between 24.6 m² (265 sq. ft.) and 25.1 m² (270 sq. ft.). Staff would be willing to support these smaller units if the unit layouts are revised to provide improvements to the bathrooms and kitchens.

· The guidelines recommend that the size of the dining room should be 2 m² (21.5 sq. ft.) per unit for one seating which would be 198 m² (2,130 sq. ft.) for this 99-unit building. The application proposes a 120 m² (1,295 sq. ft.) dining room. Staff would be willing to support a standard of _ of 2 m² (21.5 sq.ft.) per unit, resulting in a 130 m² (1,400 sq. ft.) dining room, if the applicant provides an operating plan to demonstrate that the residents and their visitors can be accommodated in two seatings.

· The guidelines recommend that the project provide a minimum of 1.5 m² (16 sq. ft.) per unit of common area on the same floor as the dining room. This would be equal to a 149 m² (1,600 sq. ft.) common area. The proposed common area is only 97.5 m² (1,050 sq. ft.). Staff note that in some existing congregate housing buildings a large common area has been provided on an upper floor. The applicant has proposed to add a 46.3 m² (498 sq. ft.) amenity space on the third floor, in which case staff would consider the minimum common area requirement as being achieved.

These recommendations as well as other design improvements are included as design development conditions in Appendix B.

Public Benefit: The proposal offers moderately-priced rental congregate housing with support services that currently is not available in this area of the city. In addition, the development would yield a Community Amenity Contribution of $65,064.35.

Environmental Implications: The proposed rezoning neither contributes to nor detracts from the objective of reducing atmospheric pollution.

Social Implications: The proposal would increase the range of housing opportunities available to seniors.

There are no implications with respect to the Vancouver Children's Policy or Statement of Children's Entitlements.

COMMENTS FROM THE PUBLIC, REVIEWING AGENCIES
AND THE APPLICANT

Public Input: On April 17, 2000, a notification letter was sent to 683 nearby property owners and on April 19, 2000, a rezoning information sign was posted on the site. Eight phone calls and two e-mails were received from residents about the proposal.

On May 4, 2000, the applicant sponsored a public information meeting at Guardian Angels Church rectory which was attended by approximately fifty local residents. Many of the local residents supported the proposal because it would provide affordable seniors housing.

Public concerns focussed on the increased density and scale of the development, loading area noise and traffic for servicing the building, church parking needs and traffic impacts, and the potential for tree loss.

Comments of the General Manager of Engineering Services: Engineering Services has no objection to the proposed rezoning, provided the applicant complies with conditions as outlined in Appendix B.

Comments of the Director of the Housing Centre: The Director of the Housing Centre supports the proposal which would provide much needed affordable supported housing for West End seniors. In order to reduce rents so that they are affordable to low and modest income seniors, Columbus Charities is providing a substantial equity contribution which represents a long term commitment to the neighbourhood and to the city.

Comments of the Director of Real Estate Services: The Director of Real Estate Services has reviewed the applicant's proforma for the proposed scheme and concludes that the requirement for this project to exceed the current zoning density so as to be economically viable, arises from the non-market nature of the project.

Comments of the Director of Social Planning: The Director of Social Planning supports the application, provided the applicant complies with conditions as outlined in Appendix B.

Comments of the Special Advisory Committee on Seniors: On April 28, 2000, the Special Advisory Committee on Seniors reviewed this application and resolved that the Committee fully supports the rezoning application for the proposed congregate housing facility.

Urban Design Panel Comments: The Panel reviewed this application on two separate occasions and did not support the proposed rezoning. On April 19, 2000, the Panel provided the following comments:

On August 9, 2000, in response to a revised proposal, the Panel provided the following comments:

Comments of the Applicant*: The applicant has been provided with a copy of this report and has provided the following comments:

APPLICANT, PROPERTY, AND DEVELOPMENT PROPOSAL INFORMATION

APPLICANT AND PROPERTY INFORMATION

Street Address

1175 Broughton Street

Legal Description

Lot 19 &20, Block 49, DL 185, Plan 92

Applicant

Studio One Architects

Developer

Columbus Charities

Owner

The Roman Catholic Archbishop of Vancouver

SITE STATISTICS

 

GROSS

DEDICATIONS

NET

SITE AREA

1 606 m²

- -

1 606 m²

DEVELOPMENT STATISTICS

 

DEVELOPMENT PERMITTED UNDER EXISTING ZONING

PROPOSED DEVELOPMENT

RECOMMENDED
DEVELOPMENT (if different than proposed)

ZONING

RM-5

CD-1

 

USES

Dwelling Uses, Institutional Uses (including SNRF -Congregate Housing)

SNRF - Congregate Housing, Hall, Parking

 

DENSITY

1.45

2.75

 

HEIGHT

18.3 m (outright)
58.0 m (conditional)

28.5 m

 

PARKING

1 space /70 m² for congregate housing and 1 space/9.3 m² of assembly area for church and hall

25 spaces for congregate housing, 10 for hall and 39 for adjacent church

1 space/4 units (25 spaces) for congregate housing and a minimum of 30 spaces for church and hall.

* * * * *


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