Agenda Index City of Vancouver

POLICY REPORT
DEVELOPMENT AND BUILDING

TO:

Vancouver City Council

FROM:

Director of Current Planning in Consultation with the Chief Building Official

SUBJECT:

CD-1 Rezoning - 1220 East Pender Street

 

RECOMMENDATION

GENERAL MANAGER'S COMMENTS

COUNCIL POLICY

Relevant Council Policies for this site include:

· Strathcona Policies, approved June 25, 1992 and amended April 8, 1997;
· Industrial Lands Policies, approved March 14, 1995;
· Artist "Live/Work" Policies, approved March 28, 1995 ;
· Artist Studio Guidelines, approved September 10, 1996; and
· "Strategic Directions" for live/work and work/live, adopted June 13, 1996.

PURPOSE AND SUMMARY

This report assesses an application to rezone 1220 East Pender Street from I-2 Industrial District to CD-1 Comprehensive Development District to allow residential use in conjunction with selected uses listed in the I-2 District Schedule. The proposed work/ live units would be permitted in a near new, 43-unit strata-titled, industrial workshop building.

The Director of Current Planning recommends that the application be referred to a Public Hearing and approved subject to conditions.

DISCUSSION

Background: The existing building was built in accordance with the I-2 District Schedule. A development permit was approved for Workshop use, at the maximum allowable density
of 3.0 floor space ratio (F.S.R.), plus a level of underground parking. The internal configuration is 43 individual workshop units with mezzanines ranging from about 93 m² (1,000 sq. ft.) to 186 m² (2,000 sq. ft).

In June 2001, Council considered a Policy Issues report related to the current application to rezone this site to CD-1 to permit residential use in conjunction with any I-2 use. The issues outlined in that report related principally to the potential erosion of the city's industrial land inventory, particularly as the application proposed combining residential with a number of non-industrial I-2 uses. Council felt that a compromise between the rezoning application and Council policy to maintain industrial lands could be found, and instructed staff to process the application in the normal manner. The applicant was subsequently encouraged to revise the application to permit residential use in conjunction with selected industrially-oriented I-2 uses which staff feel to be a reasonable compromise.

Applicant's Proposal: The application proposes the addition of a new use: Residential Unit associated with selected I-2 uses. Since the building's completion in 1998, there has beenlittle interest shown by typical industrial users, with only two units occupied by uses permitted under I-2. There has been greater interest from prospective purchasers in combining living units with working units. The applicant believes this use is appropriate as there is an existing mix of residential and I-2 uses in the area and because he expects the addition of a residential component in this building would help reduce crime in the area.

Use: The application to combine Residential Unit in conjunction with selected I-2 uses is consistent with Council-approved "Strategic Directions for Live/Work and Work/Live" as summarized in Appendix D. The site generally meets the locational criteria for work/live use. With respect to project-specific criteria outlined in the policy, staff note the following:

(i) Safety: Due to fire and life safety concerns, the Vancouver Building By-law does not permit residential uses in combination with industrial uses. Residential uses may be permitted in conjunction with industrial uses where the applicant can successfully demonstrate that the intended industrial use is compatible with a residential use through an equivalency application which demonstrates that the building will provide an equivalent level of performance as required by the Building By-law. However, not all industrial uses are considered acceptable in conjunction with a residential unit because some are too hazardous. Since the precise uses of individual industrial work/live units has not yet been determined, staff recommend as a condition of enactment, that the applicant obtain acceptance of an equivalency to permit work/live units from the Chief Building Official. Staff further propose, as a condition of use within the CD-1 By-law, that prior to the issuance of a development permit for any listed use, features specifically suited to the proposed use (such as appropriate door widths, firewall separation, electrical, plumbing and ventilation systems) be included as determined by the Director of Planning in consultation with the Chief Building Official.

(ii) Unit Size: In December 1998, a consultant study on Work/Live in Vancouver was prepared for the Planning Department which examined, in detail, the implications of this new building type and land use. Although the study has not been presented to Council for approval, its recommendations have guided staff's assessment of work/live rezoning proposals. The consultant study recommends minimum and maximum sizes for work areas, residential components and overall unit size, which have been incorporated as proposed conditions of use, outlined in Appendix A. Staff further recommend that no more than two persons be permitted to occupy the residential portion of a work/live unit. This limitation is consistent with regulations that pertain to residential units associated with artist studios, and with the previously approved industrial work/live pilot project at 289 Alexander Street.

(iii) Parking, Loading and Bicycle Parking: Permitting Residential Unit in conjunction with selected I-2 uses in this existing building results in no shortfall of parking forcars or for loading, but there is a shortfall in bicycle parking in accordance with Parking By-law standards. The building provides 59 car parking spaces, three loading bays and 6 class A bicycle spaces. Should all the workshop units be converted to work/live, the class A spaces required would rise to 32, with a shortfall of 26 spaces. Engineering Services staff believe that the bicycle parking will be needed by residents in this building who will be artists and others without high incomes, and are not willing to recommend a reduction in the required number of spaces that would be needed for this use. Staff therefore recommend that normal Parking By-law standards must apply.

(iv) Residential Conversion: Work/live is intended to permit residents to live in a predominantly work-oriented environment. There has been a market tendency with artist live/work studios for some units to be converted illegally to purely residential use. Staff see this as a potential issue with work/live use as well, and recommend, in accordance with Council's Strategic Directions, that a post occupancy review be undertaken by staff one year after each industrial work/live unit is occupied.

(v) Industrial Noise: To ensure that industrial operations within and adjacent to the site are not subjected to unreasonable complaints from residents in the building, staff were looking for a way to ensure that prospective purchasers are aware of the types of industrial uses that would be permitted and the implications with respect to the Noise Control By-law. However, staff recommend no action be taken, given the following advice from the Law Department, and note the possibility of unreasonable complaints in future years that could result from the rezoning:

Affordability: While the application does not provide consideration for low-income individuals, the combining of industrial with residential uses will provide cost savings for start-up or "incubator" industries, whose operators may not otherwise be able to afford separate residential and industrial space within the city.

Residential Amenity and Community Benefit: The physical layout of the existing building limits its ability to provide amenities for residents and workers, as outlined in the Strategic Directions for Work/Live. However, the applicant has offered conveyance of the strata unit containing an existing Community Policing Centre (CPC) to the City as a community amenity on the condition that it be used only for this purpose. The unit is located at street level at the corner of Pender Street and Vernon Drive with an entry at grade.

Staff recognize that the adjacent Kiwassa neighbourhood has a higher level of crime than many areas of the city and agree that securing the unit containing the Community Policing Centre may provide additional guardianship as a benefit to residents of the neighbourhood. Staff therefore recommend the conveyance of the unit containing the Community Policing Centre, at no cost to the City, as a condition of rezoning.

Staff do not agree with the applicant's stipulation that the unit be used in the future only for the existing Community Policing Centre, as the Police Department's program and other city policies may change over time. The Police Department has noted that this is not considered an ideal location for a Community Policing Centre, and may be deemed inappropriate or superfluous when future facility requirements are determined or should the Police Department change its operational requirements (see Real Estate Services comments below). Only uses permitted under the CD-1 zoning would be able to occupy the unit.

Projected Lift In Property Value Versus Value of Strata Unit Offered by Applicant:

CONCLUSION

The proposed rezoning is generally consistent with Council's "Strategic Directions" for work/live. While there are some limitations of the existing industrial building to meet all of Council approved criteria for industrial work/live projects (i.e., on-site amenities), staff are satisfied that most of the criteria have been met. A proposed condition will ensure a process to achieve the necessary Building Code equivalencies for life safety.

Staff support the conveyance to the City of the strata unit containing the Community Policing Centre as a benefit to the community providing it not be limited to this use and be improved to a standard work/live standard to reflect the value of the projected land lift resulting from the rezoning.

Staff recommend that the application be approved subject to the proposed conditions presented in Appendix B.

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APPENDIX A

DRAFT CD-1 BY-LAW PROVISIONS

Uses
· Artist Studio - Class B, Bakery Products Manufacturing, Brewing or Distilling, Clothing Manufacturing, Dairy Products Manufacturing, Electrical Products or Appliance Manufacturing, Food or Beverage Products Manufacturing - Class B, Furniture or Fixtures Manufacturing, Jewellery Manufacturing, Leather Products Manufacturing, Metal Products Manufacturing - Class B, Miscellaneous Products Manufacturing - Class B, Non-metallic Mineral Products Manufacturing - Class B, Paper Products Manufacturing, Plastic Products Manufacturing, Printing or Publishing, Shoes or Boots Manufacturing, Software Manufacturing, Textiles or Knit Goods Manufacturing, Tobacco Products Manufacturing, Wood Products Manufacturing - Class B, Catering Establishment, Photofinishing or Photography Studio, Photofinishing or Photography Laboratory, Production or Rehearsal Studio, Repair Shop - Class B, School - Vocational or Trade, Work Shop, Radio-communication Station, Wholesaling - Class A, Wholesaling - Class B

· Residential unit associated with above listed uses.

· Public Authority Use

Conditions of Use
· A residential unit associated with the listed industrial uses (work/live unit) shall be a minimum size of 29.7 m². For combined residential and industrial units of greater than 59.4 m² (640 sq. ft.), the residential component shall be a maximum size of up to 50% of the total combined residential and I-2 use area to a maximum of 125 m².

· No more than 2 persons may occupy the residential unit associated with a listed industrial use.

· A Residential Unit associated with the listed industrial uses shall include, in a manner appropriate for the type of industrial development proposed; adequate door widths, electrical, plumbing, fire separation and ventilation systems.

Density
· Per I-2 District Schedule

Height
· Per I-2 District Schedule

Parking and Loading
· Per Parking By-law, including the provisions for relaxation, exemption and mixed-use reduction.

APPENDIX B

PROPOSED CONDITIONS OF APPROVAL

(a) THAT the form of development be approved by Council in principle, as prepared by Hadfield & Turner Architecture, and stamped, "Received Planning Department May 21, 1997" and as approved by DE 402194.

(b) That in the approval of development applications, the Director of Planning in consultation with the Chief Building Official shall have particular regard for the following:

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

APPENDIX C

DRAFT AMENDMENTS TO NOISE BY-LAW NO. 6555

Amend Schedule A (Activity Zone) by adding the following:

"[CD-1 # ] [By-law # ] 1220 East Pender Street"

DRAFT AMENDMENTS TO SIGN BY-LAW NO. 6510

Amend Schedule E (Comprehensive Development Areas) by adding the following:

"1220 East Pender Street [CD-1( # )] [By-law # ] B (I-2)"

APPENDIX D

ADDITIONAL INFORMATION

Site, Surrounding Zoning and Development: The site consists of one legal parcel with an area of 1810.8 m² (19,492.0 sq ft.) Located at the southeast corner of East Pender Street and Vernon Drive. The site has a frontage of 48.7m (160ft.) and a depth of 37.2m (122 ft.) along Vernon Drive. To the north, south and east of the site, the area is zoned I-2 Industrial District. To the west of the site is the Strathcona RT-3 Residential District. The Hastings Street M-1 Industrial "let go" area is one block north of the site.

The existing development consists of a 3 storey, (double height with mezzanines) 5427 m² (58,419 sq. ft.) industrial workshop building with 43 strata-titled units ranging in size from 93 m² (1,002 sq ft) to 186.6 m² (2,009 sq ft.) and one level of underground parking with 59 spaces and three loading bays. The total FSR is 3.0.

Proposed Development: The proposed rezoning would permit within the existing building selected industrial I-2 uses, residential units in conjunction with selected industrial I-2 uses, and Public Authority Use to permit the existing Community Policing Centre.

Environmental and Social Implications: The proposed rezoning neither contributes to 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.

COUNCIL POLICY
Strathcona Policies (1992): One of the Strathcona policies instructed staff to report back on land use options in the industrial area on the edge of the Kiwassa neighbourhood from Vernon Drive to Clark Drive. The review was completed, and industrial use for this area was confirmed as part of the Industrial Land Policies as noted below.

The Industrial Land Policies (1995): Council resolved that all industrial lands in the Powell Street/Clark Drive industrial area (with the exception of the Hastings Street "let-go" area), including the subject industrial pocket adjacent to the Kiwassa neighbourhood, should be retained for industrial use in order to accommodate demand for industrial activity within the inner city.

Artist Live/Work Policies (1995) and Zoning Amendments (1996): These policies encourage the provision of safe, functional and affordable artist live/work studios, while discouraging industrial displacement and limiting the impact of raised property values in allindustrial districts. Zoning By-law amendments and adopted Artist Studio Guidelines implemented these policies in 1996. Most of the city's industrial zones, including I-2, permit only the industrially-oriented Artist Studio-Class B along with associated Residential Unit, and only in pre-1996 buildings, limited to a maximum of 1.0 FSR and with no strata titling. The only exception is IC-3 (Brewery Creek) where the less industrially-oriented Artist Studio - Class A and associated Residential Unit is permitted to a maximum of 2.5 FSR, and where strata-titling is permitted.

Strategic Directions for Live/Work and Work/Live (1996): These policies establish criteria for considering industrial work/live as individual CD-1 rezonings, including experimental, Industrial Work/Live projects on some M and I sites in new construction, either strata-titled or on a rental basis. Such projects would be subject to:

· consideration for low-income individuals;
· prospective purchasers made aware of types of uses in the building and their impacts;
· consultation with neighbouring residents and businesses;
· a limit of 300 units over five years;
· need for a Building By-law mechanism to permit industrial processes with residential occupancy, for example fire-wall type separation and limiting types of industrial uses;
· limit the number of occupants to two;
· provide adequate sized work areas at a ratio of one-third living space to two-thirds work space;
· dwelling use will not be permitted in the work space;
· provide adequate functional features for industrial use, for example freight elevators, door sizes, plumbing, ventilation, floor load capacity;
· provide common building space for meetings, recreating, shared work support needs;
· monitor projects by requiring post-occupancy surveys;
· develop parking/loading/security solutions;
· a minimum of 75 units and a maximum of 150 units; and
· provide amenities for residents and workers.

The policy states that experimental industrial work/live rezoning sites should meet the following criteria:

· good truck and transit access;
· proximity to business suppliers and customers;
· low impact on nearby industrial operations;
· ability to act as a transition, mitigating impact of existing industrial uses on adjacent existing residential areas; and
· reasonable attractiveness of the area for living (access to parks and shopping, safety etc.)

The proposed rezoning of 1220 East Pender Street for Industrial Work/Live, meets a majority of these criteria.

Amended Strathcona Policies (1997): The Strathcona Policies were amended to confirm Vernon Drive as the boundary line between I-2 zoning and the RT-3 zoned Kiwassa neighbourhood. The policy supports privately initiated rezonings to RT-3 for a few isolated I-2 zoned lots within the RT-3 area west of Vernon Drive. The policy states that rezonings to permit residential use on the east side of Vernon Drive will not be supported.

The proposed rezoning would permit selected I-2 uses and residential unit in conjunction with selected I-2 uses, which is generally consistent with the intent of this policy to maintain industrial uses in the area east of Vernon Drive.

APPENDIX E

COMMENTS FROM THE PUBLIC, REVIEWING AGENCIES AND THE APPLICANT

Public Input
The applicant undertook wide consultation with neighbouring residents and industries and has received strong support for Industrial Work/Live use on this site. The applicant submitted with the application, a 180-signature petition from the Kiwassa Neighbourhood, a 67-signature petition from businesses and residents in the I-2 area. Staff received 316 letters in support of the rezoning from area residents, businesses, and employees in advance of notifying the area.

Response to staff notification has been similarly supportive. 157 property owners were notified. Staff received 3 telephone calls: one caller was supportive, and one was generally supportive but expressed concerns related to the ability to continue industrial production without complaints from residential neighbours. A third raised similar concerns and was not supportive.

Staff also receive four letters in response to this notification. While three were supportive of the proposal, one of the letters from the operator of a fabrication plant (Johnstone Boiler and Tank) which is the immediate neighbour to the east of this site, objects to the rezoning, stating concerns about potential complaints from new residents related to their operation, which during peak times runs three shifts, 24hrs/day.

Comments of the General Manager of Engineering Services
The General Manager of Engineering Services has concerns regarding provision of satisfactory bicycle parking with the conversion of workshops to work/live, and therefore recommends that Parking By-law standards be met at the development permit stage.

Comments of the Chief Building Official
"Due to fire and life safety concerns the Vancouver Building By-law does not permit work/live suites in a building. However, it may be possible for this use to be permitted through an equivalency process. The equivalency must successfully demonstrate that the industrial use will not pose a risk to occupants who are living and working in the building. The equivalency submission must address fire risks associated with the proposed work/live suites by clearly addressing issues such as spread of fire, ventilation, natural light and provisions for disabled persons. Due to the nature of industrial uses, the equivalency must also address other risks related to explosions, toxicity (both long term and short term exposure), low level exposure to toxic and noxious chemicals, occupational exposure, environmental health, hazardous materials, etc. It is important that the equivalency submission demonstrate that the proposed industrial use is compatible with a residential use.

Since the exact use of the industrial portion of the work/live suites will not be known at the time of equivalency application, it is important that the equivalency be subject to the City receiving an acceptable subsequent report once a future tenant or owner has been identified for the work/live suite. This subsequent report should clearly identify all materials and processes that are to be carried out by the proposed industrial tenant and provide mitigating features should the operational nature of the tenant present a risk to occupants in the building. The consultant preparing this subsequent report should evaluate the tenant/owner's industrial process to ensure that it is compatible with a residential use. Where it is not compatible, mitigating features should be preposed or the use should not be permitted. This process would provide the City with some assurance that all present and future industrial work/live suites do not subject building occupants to an unacceptable risk."

Comments of the Applicant

APPENDIX F

APPLICANT, PROPERTY, AND DEVELOPMENT PROPOSAL INFORMATION

APPLICANT AND PROPERTY INFORMATION

Street Address

1220 East Pender Street

Legal Description

Strata Lots 1-43, Strata Plan LMS 3800, DL 182, NWD

Applicant

Erik Klokstad

Planning Consultant

Randall Olafson Consultants

Architect

Hadfield & Turner Architects

Property Owner/Developer

Erik Klokstad

SITE STATISTICS

 

GROSS

DEDICATIONS

NET

SITE AREA

1810.8 m²

---

1810.8 m²

DEVELOPMENT STATISTICS

 

DEVELOPMENT PERMITTED UNDER EXISTING ZONING

PROPOSED DEVELOPMENT

ZONING

I-2

CD-1

USES

Various outright and conditional approval Industrial, Industrial Service, and Office uses.

· Artist Studio - Class B, Bakery Products Manufacturing, Brewing or Distilling, Clothing Manufacturing, Dairy Products Manufacturing, Electrical Products or Appliance Manufacturing, Food or Beverage Products Manufacturing - Class B, Furniture or Fixtures Manufacturing, Jewellery Manufacturing, Leather Products Manufacturing, Metal Products Manufacturing - Class B, Miscellaneous Products Manufacturing - Class B, Non-metallic Mineral Products Manufacturing -Class B, Paper Products Manufacturing, Plastic Products Manufacturing, Printing or Publishing, Shoes or Boots Manufacturing, Software Manufacturing, Textiles or Knit Goods Manufacturing, Tobacco Products Manufacturing, Wood Products Manufacturing - Class B, Catering Establishment, Photofinishing or Photography Studio, Photofinishing or Photography Laboratory, Production or Rehearsal Studio, Repair Shop -Class B, School - Vocational or Trade, Work Shop, Radiocommunication Station, Wholesaling - Class A, Wholesaling - Class B

· Residential unit associated with above listed uses.

· Public Authority Use

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