POLICY REPORT
DEVELOPMENT AND BUILDING

Date: September 14, 2001
Author/Local: LChallis/7135

RTS No. 02303

CC File No. 5304

Council: October 2, 2001

TO:	Vancouver City Council
FROM:	Director of Current Planning
SUBJECT:	CD-1 Text Amendment - 5702 Granville Street - Esso Station

RECOMMENDATION

THAT the application by Richard Cook, Davidson Yuen Simpson Architects, to amend CD-1 By-law No. 4123 for 5702 Granville Street (Lot A of Lot 1, Block 6, District Lot 526, Group 1, Plan 11771 ), to permit the redevelopment of an existing gasoline station and car wash with the same uses plus a retail store, be referred to a Public Hearing, together with:

(i) plans received May 18, 2001;

(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 conditions contained in Appendix B.

FURTHER THAT the Director of Legal Services be instructed to prepare the necessary CD-1 amending 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 August 25, 1964, Council enacted CD-1 By-law No. 4085 which applies to this site.

On October 28, 1986, the Zoning and Development By-law was amended to include a newuse, "Gasoline Station - Split Island".

PURPOSE AND SUMMARY

This report assesses an application to amend the existing CD-1 By-law to permit the reconstruction of a gasoline station and car wash while converting the gasoline sales from full-serve to split-island, and adding Retail Store as a new principle use.

Staff support the proposal which will alter the site's layout to improve both traffic flow and the pedestrian environment on Granville Street, and reduce the impact on residential neighbours.

DISCUSSION

Use: The existing CD-1 By-law, enacted in 1964, allows gasoline filling station and automatic car wash. A development permit, issued in 1966, permits these uses including retail of goods within the building and the display of lubricating oils at the pump islands. The application proposes to reconstruct the car wash and gasoline station and add a small retail convenience store. The proposed amendments would update the use terms ( Gasoline Station -Split Island and Motor Vehicle Wash) and add Retail Store as a principal use. Current gasoline sales are full-serve, while a combination of self-serve and full-serve is proposed under the new use term. This conversion meets the intent of Council policy, as reflected in standard commercial zoning district schedules, to permit the conversion of full-serve gasoline stations to split-island gasoline stations providing that at least two service bays be provided if service bays existed on April 19, 1994. There were no service bays on this site at that time.

Density: Gasoline stations are normally low density uses because the majority of the site is used for vehicle circulation. The current density of 0.14 FSR would decrease to 0.09 FSR following redevelopment of this site.

Form of Development: As the plans in Appendix E indicate, the proposed form of development is similar to the layout of most gasoline stations. At the enquiry stage, staff had suggested that the applicant consider a more innovative design that would respect the urban design features of the intersection by locating the retail store component at the corner to help define the local shopping district.

Contrary to this suggestion, the applicant chose to maintain a suburban-style gasoline station for the following reasons:

· to allow the operator to oversee both the safe operation of the self-serve pumps and the sale of merchandise within the store. The glazing and store entrance faces the pumps with the display merchandise shelves, including coolers, coffee units, washrooms, office and utility spaces arranged along the other three walls of the store.
· to provide a buffer between the noise, light and other activities associated with a gasoline station and the neighbours to the east;
· to retain existing cherry trees within their property along Granville Street; and
· to provide a safer route for tanker trucks to access the fuel storage tanks at the north end of the site.

Staff, now having a better idea of the functional and safety requirements of the proposed facility, are willing to support the more standard layout.

The applicant has consulted with the neighbourhood in developing the proposal and has metwith no opposition with the exception of two residents of the house immediately south of the site. These residents continue to have numerous concerns, such as traffic, noise, garbage and safety, many of which apply to the existing use of the site. The applicant has held six meetings with these neighbours to address their issues. Staff have reviewed the outstanding concerns and conclude that with minor design improvements (Appendix B) the proposal should be an overall improvement and have less impact on the residential neighbours than the current facility. Appendix D outlines the residents' specific concerns and provides staff's comments on each item.

Staff support the proposed form of development which, in addition to the reasons outlined by the applicant, offers the following positive elements:

· pedestrian improvements which include removing a vehicle crossing on 41st Avenue and increasing landscaping along Granville Street and 41st Avenue;
· reducing impacts on residential neighbours by relocating the carwash and the fuel pumps further to the north and increasing the landscaping along the east and south property lines;
· improved traffic flow on Granville Street. The current car wash occasionally results in cars lined up on Granville Street waiting for access. Relocating the car wash to the north maximizes the length of the queuing area on site. Furthermore, new technology reduces the time for a typical car wash cycle and consequently would reduce waiting and line ups; and
· environmental benefits which would include new fuel tanks with environmental monitoring systems and remediation of the soil and ground water at reconstruction.

CONCLUSION

Staff support the proposed reconstruction of a gasoline station and car wash while converting the gasoline sales to split-island and adding Retail Store as a new principle use. This would result in a more neighbourly development with fewer traffic impacts and an improved streetscape. Staff recommend that the application be referred to a Public Hearing and approved, subject to the proposed conditions of approval presented in Appendix B.

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APPENDIX A

DRAFT AMENDMENTS TO CD-1 (30) BY-LAW NO. 4123

Uses

· Gasoline Station - Split Island

· Motor Vehicle Wash
· Retail Store

Density

· Maximum floor space ratio of 0.09, based on calculation provisions of the C-1 District Schedule.

Height

· A maximum height of 7.1 m ( 24 ft.).

Setback

· A minimum setback of 9.3 m (30 ft.) from the south property line.

APPENDIX B

PROPOSED CONDITIONS OF APPROVAL

(a) That the proposed form of development be approved by Council in principle, generally as prepared by Richard Cook, Davidson Yuen Simpson Architects, and stamped "Received City Planning Department, May 18, 2001", 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) design development to take into consideration the principles of CPTED (Crime Prevention Through Environmental Design) having particular regard to reducing opportunities for graffiti on the lane wall. Any blank walls should be covered with hedging and vines;

(ii) design development to garbage storage area to increase screening to reduce impacts on residential neighbours;

(iii) design development to the fence and retaining wall along the south property line to limit the overall height to a maximum of 1.9 m (6 ft.); and

(iv) as a condition of the development permit, the hours of operation of the proposed car wash will be from 8:00 a.m. to 6:00 p.m., Monday through Saturday and closed Sundays and eight Statutory Holidays (New Year's Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving, Christmas and Boxing Day).

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

(i) make arrangements to the satisfaction of the General Manager of Engineering Services and Director of Legal Services for:

(1) dedication of existing explanatory plan # 17467 (existing 3.048 m by 3.048 m right of way) for road purposes; and

(2) clarification of all charges registered in the Land Title Office against title to the lands (a charge summary, including copies of allcharges, must be provided) and modification, extension or release of any charges deemed necessary by the Director of Legal Services;

(ii) make arrangements for all electrical and telephone services to be undergrounded within and adjacent the site from the closest existing suitable service point.

APPENDIX C

ADDITIONAL INFORMATION

Site, Surrounding Zoning and Development: This 2 570 m² (27,665 sq. ft.) site is comprised of a single parcel at the southeast corner of Granville Street and 41st Avenue. The site has a frontage of 42.6 m (140 ft.) along 41st Avenue and a frontage of 60.0 m (197 ft.) along Granville Street.

Sites immediately to the north, northwest and west are zoned C-1 and developed with commercial uses which include the HSBC Bank, a Shell gasoline station and Park Square, a commercial building with office, retail and service uses. Properties to the east and south of the site are zoned RS-1 and are developed with one-family dwellings.

Background: The site was originally rezoned from C-1and RS-1 to CD-1 in August 1964 to permit the addition of a car wash to the site that has included a gasoline station since the 1920s. Car wash was not a permitted use in C-1. Council approved the proposal on the basis that the development include adequate screening, landscaping, and provision for stacking cars, with particular regard to the effect of the use on the adjacent one-family dwellings. As a further condition, the hours of operation of the car wash were restricted to between 10 a.m. and 6 p.m.

Proposed Development: The proposal would replace a 369 m² (3,972 sq. ft.) building that currently serves the service station and includes a car wash and a small retail area. A 103.6 m² (1,115 sq. ft.) building would be located towards the northeast part of the site and include a faster, more automated car wash. The speed of the car wash and its location would reduce traffic backing up onto Granville Street. The second building of 134.4 m² (1,447 sq. ft.) would include a convenience style retail store, associated services (i.e., a bank machine and coffee bar) and support services for the gasoline service station.

The existing eight full-serve fuel pumps would be replaced with five fuel pumps (four self-serve and 1 full-serve). The fuel pumps would all be relocated towards the centre of the site and would include a kiosk for the full-serve attendant at the south end of the pump island.

Ten off-street parking spaces and one loading space are proposed to serve the uses on the site.

Environmental Implications Redevelopment of the site would include replacing the underground fuel tanks with improved tanks and lines that have environmental monitoring systems as well as a vapour recovery system for deliveries. Remediation of any soil and groundwater issues would also occur during redevelopment.

Social Implications 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.

APPENDIX D

COMMENTS FROM THE PUBLIC, REVIEWING AGENCIES AND THE APPLICANT

Public Input A notification letter was sent to 98 nearby property owners on July 11, 2001 and rezoning information signs were posted on the site on the same day. One email was received from a resident requesting additional information and one person came to City Hall to view plans.

A letter was received from the two residents of the house immediately south of the site stating a variety of concerns. The applicant has held six meetings with the residents trying to address their concerns, however, they continue to object to the proposed redevelopment. Staff have reviewed the objections and the following summarizes the residents' concerns (italics) and provides staff's comments:

(i) The residents believe that the retail convenience store and the additional services it would include (bank machine, coffee and confectionary items) are not necessary and would increase traffic to the site.

Staff note that the existing development includes some retail sales (coffee, confectionary goods and motor vehicle-related products). The proposal intends to consolidate retail sales that are currently scattered in various areas of the existing building and would result in less area being occupied by retail use. Although there may be an increase in retail activity, there will be fewer pumps, so on balance staff expect no significant change in the overall traffic from the present operation.

(ii) The residents suggest that the car wash should remain in its current location but its entrance should be relocated off 41st Avenue so the queuing does not affect their property.

The proposal would relocate the car wash closer to 41st Avenue to maximize the queuing distance contained within the site. The entrance would remain at the south end. The applicant estimates that queuing would normally reach a maximum of about seven vehicles, at which point customers usually choose not to wait. The new configuration would accommodate a queue of seven cars within the easterly side of the site, wrapping around to the west no further than the location of the residents' garage (see site plan, Appendix A, page 1). The access area to the west of the residents' garage would normally be free of queuing cars. Engineering staff would not support relocating the entrance to 41st Avenuebecause they expect that location would not allow enough queuing distance on site and would create a dangerous situation on 41st Avenue.

(iii) The residents request that the number of gasoline pumps be reduced from 5 to 4 and should be located further away from their house.

The existing gasoline station has 8 fuel pumps. Initially, the proposal included 6 fuel pumps. In response to the neighbours' request, the applicant reduced the number of pumps to 5. The proposed number of pumps is consistent with the number normally located at a split-island gasoline station. The distance between the closest pump and the neighbouring house (13.0 m) is an increase over what exists (4.8 m) and is more than two times the distance required by the Fire Department. Also, at the neighbours' request the applicant relocated the proposed full-service pump and a staff kiosk to the south end of the pump island so the attendant could oversee activity along that portion of the property.

(iv) The residents request that the number of gasoline storage tanks be reduced from 3 to 2 because they are a fire hazard.

The existing gasoline station has six steel storage tanks which are located towards the centre of the site. With redevelopment, the total on-site fuel storage would be reduced by 8%, the fuel would be stored in three new double-walled fibreglass tanks and the tanks would be located at the north end of the site further from the residential neighbours. The three storage tanks are required to meet the gasoline station's sales. Two tanks are for regular fuel which makes up _ of the station's sales and one tank stores premium grade fuel.

(v) The residents request that the garbage storage be located at the north end of the site.

The garbage storage is currently located in the northeast corner of the site. Normally issues related to garbage storage are addressed at the development permit stage. Staff recommend as a condition of development approval that the garbage storage be designed and located to minimize impacts on the residential neighbours.

(vi) The residents request that the height of the fence along the south property line not exceed 1.9 m (6 ft.).

The City's regulations for gasoline stations require that the site be screened when abutting a residential use. Currently, the site has an approximately 0.9 m (3 ft.) retaining wall along the south property line with a fence above. The total heightof the wall and fence ranges from 1.9 m (6 ft.) to 3.0 m (10 ft.) at the east side. The applicant is willing to reduce the overall combined height to 1.9 m (6 ft.) if that is what the neighbour wants. A condition of development approval recommends that the fence and retaining wall not exceed 1.9 m in height.

(vii) The residents request that the number of parking spaces be reduced from 10 to about 3 or 4.

Engineering staff have reviewed the number of proposed parking spaces and concluded that 10 spaces is within the range customarily provided on gasoline station sites that also include a convenience retail store with a banking machine.

(viii) The residents are concerned about the elevation of the site because they expect that run-off from the gasoline station would go into their yard/house.

The site's building grades are set in accordance with the grades established at the property line by Engineering Services and the site's finished surface grades will be set to drain away from the property to the south.

(ix) The residents request the removal of the trees (tulip trees) that exist along the south property line because they attract insects and drip sap.

Landscape Review staff do not support removal of the tulip trees because the existing trees provide some of the landscape screening which is required whenever a gasoline station abuts a residential site and because removal would be contrary to the City's Private Property Tree By-law which only allows removal of one tree a year from a site unless the trees are hazardous, dying or within a building envelope.

(x) The residents request that the gasoline station and retail store hours be limited to between 7 a.m. and 11 p.m., that the car wash be limited to between 8 a.m. and 6 p.m. and closed Sundays and holidays, and that fuel delivery be limited to daytime hours because these activities generate noise.

The applicant is proposing that the hours of operation should be in accordance with the Noise By-law, that is from 7 a.m. to 10 p.m. on Monday to Saturday and from 10 a.m. to 10 p.m. on Sunday and holidays, for all uses on the site. When the site was rezoned in 1964, Council approved that as a condition of the development permit the hours of operation for the car wash be limited from 10 a.m. to 6 p.m. In 1970, Council permitted the hours of operation to be from 8 a.m. to 6 p.m., Monday through Saturday, and closed on Sunday and eight statutory holidays. Because the site abuts residential properties and neighbourshave concern about noise, staff recommend that the existing limit on hours and days of operation for the car wash continue to apply.

(xi) The residents are generally concerned about the noise, garbage and fumes that occur with the existing and proposed uses.

Redevelopment of the site with improved technology and increased buffering between the two sites should reduce the impacts of the gasoline station on its residential neighbour.

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

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

"We support the recommendations of the General Manager of Community Services and staff on the application to amend CD-1(30) Esso Service Station and Car Wash at 41st Avenue and Granville, with one clarification and one exception:

1. Clarification on Sound Wall at southeast corner: As shown on the plans, we agree with replacing the existing fence with a combined height for a fence and retaining wall on the south property line of 1.9 m (6 ft.). However, please note we propose a minor 3 m extension to the existing 3 m high concrete block wall, to a total of 8 m in from the lane on the south property line. This wall provides important buffering between the car wash, its queue, and the property to the south, and is intended for both parties benefit. West of this wall, the combined height will be 6 ft. to respect Ms. Jurconi's request.

2. Car Wash Hour: We do not agree that the hours of the car wash be limited by the CD-1 zoning to 8 a.m. to 6 p.m., Monday to Saturday, and closed on Sundays and holidays. Council resolutions to limit the car wash hours for noise reasons in 1964 and 1970 pre-date the passage of the city-wide Noise By-law in 1989. The Noise By-law applies fairly to all property owners and uses across the city, and the new car wash operation will be in compliance with it.

My client's request is to be treated on an equal footing with competitors who are also located on busy arterial roadways adjacent to residential uses (e.g., Chevron at 16th Avenue and Cambie Street, Shell at 41st Avenue and Dunbar Street). Typically, these car washes operate during the Noise By-law's "daytime hours" (7 a.m. to 10 p.m., Monday to Saturday, and 10 a.m. to 10 p.m. on Sundays andholidays). We believe that, with the new Noise By-law, there is fair and equitable treatment of all property owners throughout the city, and this is an appropriate and sufficient mechanism for confining hours of operation for the car wash at this site. Otherwise, Council is in danger of influencing, on a location-by-location basis, the opportunity for success for one business versus their direct competitor operating in a virtually identical land use context. In our view, there is no compelling reason for Council to single out this site for special restrictions on car wash hours.

Finally, to our knowledge there have been minimal inquiries on the proposal as a whole, and no objections or inquiries from any neighbours except the neighbour to the south with respect to hours of operation. The new car wash will be farther away from the southern neighbour, and adds additional noise attenuation along the south property line. As a result, noise levels from the new car wash at the south property are expected to be lower than current levels, to less than that allowed under the most restrictive conditions of the Noise By-law. We believe that the Noise By-law provides a sufficient and objective community standard for defining the operation of the car wash, and no further special condition is warranted in the CD-1 By-law.

For the all of the above reasons, we request that the proposed condition on hours of operation for the car wash be rejected by Council, in favour of the general limitations on hours of operation that apply equitably to all properties and uses in the City through the Noise By-law and other City By-laws.

Thank you again for the opportunity to comment on the report to Council. We support the recommendation that the application be referred for consideration at a Public Hearing."

APPENDIX E

APPLICANT, PROPERTY, AND DEVELOPMENT PROPOSAL INFORMATION

APPLICANT AND PROPERTY INFORMATION

Street Address	5702 Granville Street
Legal Description	Lot A of Lot 1, Block 6, District Lot 526, Plan 11771
Applicant/Architect	Richard Cook, Davidson Yuen Simpson Architects
Property Owner	Imperial Oil Limited

SITE STATISTICS

	GROSS	DEDICATIONS	NET
SITE AREA	2 570.3 m² (27,667 sq. ft.)	4.7 m² (50 sq. ft.)	2 565.6 m² (27,617 sq. ft.)

DEVELOPMENT STATISTICS

	DEVELOPMENT PERMITTED UNDER EXISTING ZONING	PROPOSED DEVELOPMENT
ZONING	CD-1	CD-1
USES	gasoline filling station and automatic car wash	Gasoline Station - Split Island, Motor Vehicle Wash and Retail Store
MAX. FLOOR SPACE RATIO	0.14	0.09
MAXIMUM HEIGHT		7.1 m (24 ft.)
PARKING SPACES	per Parking By-law	per Parking By-law
REAR YARD (SOUTH) SETBACK		9.3 m (30 ft.)

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