CD-1 Text Amendment: 7250 Oak St (Sunrise Assisted Living)

POLICY REPORT
DEVELOPMENT AND BUILDING

Date: February 25, 2002
Author/Local: D. Thomsett/7796

RTS No. 02570

CC File No. 5306

Council: March 12, 2002

TO:

Vancouver City Council

FROM:

Director of Current Planning

SUBJECT:

CD-1 Text Amendment - 7250 Oak Street [Sunrise Assisted Living]

RECOMMENDATION

THAT, once the CD-1 By-law for 7250 Oak Street has been enacted, the Director of Current Planning be instructed to make application to amend the By-law to decrease the minimum southerly building setback from 7.62 m (25 ft.) to 6.55 m (21.5 ft.), generally in accordance with Appendix A, and that the application be referred to a public hearing;

FURTHER THAT the Director of Legal Services be instructed to prepare the necessary 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 June 14, 2001, Council approved in principle an application to rezone 7250 Oak Street from RS-1 to CD-1 to permit a seniors care facility.

PURPOSE

This report describes a misunderstanding leading to a building setback in the approved CD-1 By-law for 7250 Oak Street that should be corrected once the By-law has been enacted.

BACKGROUND

At the Public Hearing on June 14, 2001, Council approved in principle the rezoning of 7250 Oak Street to CD-1 to permit development of a Special Needs Residential Facility -Community Care - Class B, subject to conditions. The conditions are now in process of being satisfied.

Development application DE406022 was submitted following the Public Hearing. It became apparent that the building setback from the south property boundary is less than the minimum 7.62 m (25 ft.) required under the draft CD-1 By-law. Rather, the drawings show a setback of 6.55 m (21.5 ft.), or 1.07 m (3.5 ft.) less than specified in the draft CD-1 by-law.

The draft CD-1 By-law reflects the plans that were initially submitted with the rezoning application, and posted at the Public Hearing. The rezoning planner was not made aware that the plans had changed. Plans with the lesser setback as provided by the applicant were on display at a neighbourhood open house, were reviewed by the Urban Design Panel and were submitted in reduced form for the rezoning report. The dimension of the setback on the reduced plans is difficult to read because of the small scale.

Because of the misunderstanding, staff agreed with the applicant that we would initiate an amendment to the CD-1 By-law to accommodate their current plans.

DISCUSSION

Two portions of the building are proposed to project into the southerly building setback:

· a four storey, 9.5 m (31 ft.) wide bay at the mid portion of the facade that projects 1.07 m (3.5 ft.); and

· a four storey, 4.9 m (16 ft.) wide octagonal corner bay at the westerly portion of the facade that projects 0.8 m (2.5 ft.).

The plans also show a roofed over porch with columns at the westerly portion of the facade that encroaches further into the setback. This further encroachment is not supported, and the applicant will be advised that the only encroachment can be a cantilevered canopy, consistent with policy in all zoning districts.

On average, taken across the full 29.4 (96.5 ft.) width of this facade, the building is set back more than the required 7.62 m (25 ft.). However, the By-law must be amended to permit the projections. Staff can support the projections because:

· they were shown on drawings displayed at the open house, reviewed by the Urban Design Panel and included in the rezoning report and no concerns were raised about them;

· the easterly part of the facade is pulled back further than shown on previous plans; and

· the applicant's arborist advises that a large-caliper cedar tree within this setback will not be affected (the applicant has committed to save this tree).

Council cannot amend an approved but un-enacted zoning by-law. Rather, once the rezoning conditions have been met and the CD-1 By-law is enacted, an application to amend the By-law can be considered at a new public hearing and enacted before the development permit is ready for issuance.

CONCLUSION

As a result of a misunderstanding, the approved CD-1 By-law for this site includes a minimum building setback from the south property line that is deeper than shown on drawings that were viewed by the public. Staff support the reduction of the setback from 7.62 m (25 ft.) to 6.55 m (21.5 ft.) and recommend that once the CD-1 By-law has been enacted, the Director of Current Planning be instructed to make application to amend the By-law to permit the lesser setback, and that the application be referred to a public hearing and approved.

- - - - -

APPENDIX A
Page 1 of 1

PROPOSED AMENDMENT TO DRAFT CD-1 BY-LAW FOR 7250 OAK STREET

Note: The CD-1 By-law for 7250 Oak Street, approved in principle at Public Hearing on June 14, 2001, must first be enacted before Council can consider the following amendment at a new public hearing.

Setbacks

1. change the minimum setback of a building from the south property boundary from 7.62 m to 6.55 m.

* * * * *

Comments or questions? You can send us email.


TO:	Vancouver City Council
FROM:	Director of Current Planning
SUBJECT:	CD-1 Text Amendment - 7250 Oak Street [Sunrise Assisted Living]