Agenda Index City of Vancouver

POLICY REPORT
DEVELOPMENT AND BUILDING

TO:

Vancouver City Council

FROM:

Director of Current Planning

SUBJECT:

CD-1 Text Amendment - 2876 Rupert Street

 

RECOMMENDATION

A. THAT the application by The Spaxman Consulting Group Limited, to amend CD-1 By-law No. 6654 for 2876 Rupert Street (Lot D, Block 1345, DL 526, Plan 5272) to permit highway oriented retail uses, be referred to a Public Hearing, together with:

B. THAT the Director of Current Planning be instructed to make application to amend the Zoning and Development By-law No. 3575 to assign regulations to landscaped setbacks for sites zoned CD-1 in the Grandview Boundary Industrial Area, generally in accordance with Appendix D;

C. THAT the Director of Current Planning be instructed to make application to amend the Sign By-law to establish regulations for this CD-1 in accordance with Schedule "B" (M-2), and that the application be referred to a Public Hearing; and

GENERAL MANAGER'S COMMENTS

COUNCIL POLICY

On April 24, 1990, Council enacted CD-1 By-law No. 6654 and adopted the "Still Creek CD-1 Guidelines" which apply to this site.

On July 22, 1999, Council adopted the "Highway Oriented Retail (HOR); Interim Rezoning Policies and Guidelines: Grandview /Boundary Industrial Area".

PURPOSE AND SUMMARY

This report assesses an application to permit highway oriented retail uses on the site shown on the map on Page 3.

In July 1999, Council adopted policies and guidelines for sites along the Grandview Highway frontage between Renfrew Street and Boundary Road to allow for large scale retail uses. The application proposes to legitimize the existing unauthorized retail use in an existing building (Petcetera). The proposal generally conforms to Council's policies and guidelines.

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

The report also recommends amendments to the Zoning and Development By-law to apply consistent requirements for all landscaped setbacks on land zoned for industrial use in the Grandview Boundary Industrial Area.

DISCUSSION

Use: The site is presently developed with a 2 442 m² (26,285 sq. ft.) building which is occupied by an unauthorized retail pet store (Petcetera) with an approved service use, being an animal clinic. The approved uses for the site are limited to wholesale with 33_ percent ancillary retail plus service use. The proposed (existing) uses meet the HOR policies and guidelines.

Density: The existing overall density of 0.41 floor space ratio (FSR) is less than the recommended maximum of 0.60 FSR for retail use. The retail/service unit has a floor area of 2 134 m² (22,974 sq. ft.) which is more than the minimum of 929 m² (10,000 sq. ft.) required by the HOR policies and guidelines. No additions to the building are proposed.

Height: The HOR policies and guidelines recommend a maximum height limit of 12.2 m (40 ft.), relaxable to 18.3 m (60 ft.) for mixed use development. The existing building height of 7.5 m (25 ft.) is well below these maximums.

Landscape Setbacks: The Zoning and Development By-law requires a landscape setback of 12.1 m (40 ft.) for I-2 properties fronting on Grandview Highway but does not have a similar requirement for sites zoned CD-1. The HOR policies and guidelines recommend that all properties fronting on Grandview Highway between Boundary Road and Renfrew Street should provide the 12.1 m (40 ft.) landscape setback and that properties along Rupert Streetshould provide a 3.6 m (12 ft.) landscape setback. On this site, the building is set back 12.2 m (40 ft.) from Grandview Highway. There is no setback provided along the south part of Rupert Street because the existing building is located right next to the property line. However, this landscape setback should be provided along the parking area north of the building.

(i) Parking Within Landscape Setbacks

There are no parking spaces proposed along Grandview Highway which is consistent with the HOR policies and guidelines that surface parking not be permitted in the landscape setback along Grandview Highway. The north parking area has three parking spaces located about 1.0 m (3 ft.) from Rupert Street. Staff recommend that this surface parking not be permitted within the landscape setback along Rupert Street. Parking in the landscape setback severely limits the amount of planting that can occur and detracts from the streetscape. It is particularly important that the streetscape be enhanced along Rupert Street which will provide a direct connection to the Rupert SkyTrain station. The proposed parking restriction is consistent with the treatment of landscaped setbacks, where required, in the Grandview Boundary Industrial Area.

(ii) Signs Within Landscape Setbacks

The Sign By-law limits the type, size and location of signage in landscaped setbacks described in Schedule C "Streets Requiring Landscaped Setbacks" of the Zoning and Development By-law. Presently, Schedule C only includes sites in M or I (Industrial) Districts. Staff expect that signage will detract from the objective to "improve and enhance the quality of the public realm" in the Grandview Boundary Industrial Area, and recommend amendments to the Zoning and Development By-law to apply the same limitations in landscaped setbacks established for CD-1 zoned sites as apply to I (Industrial) Districts in this area. (See Appendix D.) Conditions of approval (Appendix B) propose removal of signage from the landscape setbacks.

Form of Development: The HOR policies and guidelines specify that developments should improve and enhance the quality of the public realm through high quality architectural building expression, careful site planning, public and private landscaping and appropriate vehicular and pedestrian circulation. Recognizing that the proposal is for an existing building, staff have proposed conditions of design development to address the HOR design guidelines where feasible. In particular, staff recommend that the building reflect a more industrial character, additional landscaping be provided, the pedestrian experience be enhanced, and additional weather protection and lighting be provided and integrated into the site (Conditions of Approval: Appendix B).

Still Creek: Still Creek is a significant watercourse and has been identified in the Greater Vancouver Regional District (GVRD) as part of the Green Zone. The site is presently regulated by a CD-1 By-law which includes Still Creek protection policies. The HOR policies and guidelines recommend that the Still Creek protection policies should continue to apply to individual sites. A portion of the creek which runs north of the site has been culverted, and developed as an access road to properties to the north and east, as well as the subject site. The HOR policies and guidelines note that it is the City's intention to fully daylight the creek and provide pedestrian/cycle access along the creek edge in conjunction with other landscape/public open space amenities. A key criterion in assessing proposed developments is the ability to secure this amenity.

Staff do not expect daylighting to be possible unless substantial redevelopment is proposed for the surrounding properties. In the meantime, staff recommend that the City secure an option to purchase a portion of the site for a future City street connection between Rupert and Bentall Streets. (Refer to condition (c) (ii) (1) in Appendix B and map in Appendix C.) The street could also provide a link along the proposed Still Creek Greenway.

Traffic and Parking: The HOR policies and guidelines stipulate that a Parking and Traffic Study should accompany a rezoning application. The study submitted with this application indicates that:

· the proposal will not significantly impact traffic movement at the Rupert signalized access intersection;

· access to the site directly from Grandview Highway should be restricted to right-in only; and

· the proposed parking supply of 63 spaces exceeds the requirement for HOR use.

The HOR policies and guidelines recommend that parking requirements should be based on the Parking By-law requirements for grocery stores; however, if the retail use is for furniture or similar type of retail, the parking standard for office and retail uses may apply. Generally, for HOR use in the Grandview Boundary Industrial Area, Engineering Services would recommend that for individual retail units of less than 2 000 m² (21,530 sq. ft.) the parking requirement be at the lower rate required for office and retail use and for individual units of 2 000 m² or greater the higher parking standard for grocery store be required. In this case, the retail unit is greater than 2 000 m², but Engineering Services recommends the lower parking standard because the site is in close proximity to a SkyTrain station.

Environmental Considerations: An objective of the HOR policies and guidelines is to maximize permeable surfaces. The Still Creek Guidelines also note that parking lots can be a source of harmful runoff and that applicants should limit the potentially negative impactsof parking lot development. The application does not propose any changes to the overall size of the parking lot but oil interceptors are recommended to provide greater control on inputs to the Creek.

CONCLUSION

Staff support the proposed rezoning which generally meets the criteria for rezoning sites to CD-1 for highway oriented retail use. Staff recommend that the application be referred to a Public Hearing, subject to the proposed conditions of approval presented in Appendix B. It is further recommended that the Director of Current Planning be instructed to make application to amend the Zoning and Development By-law and the Sign By-law and that these be referred to the same Public Hearing.

- - - - -

APPENDIX A


DRAFT AMENDMENTS TO CD-1 BY-LAW NO. 6654

Use

Condition of Use

Density

Height

Parking and Loading

PROPOSED CONDITIONS OF APPROVAL

(a) THAT the proposed form of development be approved by Council in principle, generally as prepared by Douglas L Massie Architect, and stamped "Received City Planning Department, August 15, 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 as 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 LegalServices 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.

APPENDIX C
Page 1 of 1

Plan showing a portion of Lot D, South ½ of Section 38, THSL, Plan LMP 5272

 

APPENDIX D

DRAFT AMENDMENTS TO
ZONING AND DEVELOPMENT BY-LAW NO. 3575

1. Amend Section 11.3 to include development in a CD-1 District where a portion of the site abuts streets or lanes described in Schedule C.

2. Amend Schedule C to include the following:

ADDITIONAL INFORMATION

Site, Surrounding Zoning and Development: The site consists of one legal parcel with an area of 5 845 m² (62,920 sq. ft.) and is located on the northeast corner of Grandview Highway and Rupert Street. The site has a frontage of 45.2 m (148 ft.) and a depth of 125.7 m (412 ft.). The site which is regulated by the Still Creek CD-1, is presently occupied by a one-storey building used for unauthorized retail (pet store) and service (animal clinic) uses with surface parking for 52 vehicles. A buried portion of Still Creek runs immediately north of the site.

Land immediately east and north of the site is also covered by the Still Creek CD-1 and developed primarily with 1-storey industrial buildings (wholesaling and warehouse uses). West of the site is a CD-1 site developed with a Real Canadian Superstore. Further north of the site along Rupert Street is the proposed Rupert SkyTrain station. South of the site at the corner of Grandview Highway and Rupert Street is zoned C-1 and is developed with a bank and a service station. Also south of the site is Falaise Park which is zoned RS-1.

Enforcement History: Unauthorized retail use has operated on this site since Stacey's furniture was located here in 1988. The City Prosecutor laid charges in 1989 and the item was before the court throughout the early 1990s.

In 1996, Petcetera took over the site and began operation as a retail/wholesale tenant in late 1997. In late 1998, City staff discussed the problem with retail use on the site. Staff concluded that prosecution should be delayed until after Council made a decision about the proposed HOR policies which would provide Petcetera the opportunity to make a rezoning application to legitimize the retail use.

Proposed Development: The proposed rezoning would permit the use of an existing building for highway oriented retail use. The proposal increases the surface parking to 63 spaces located on the north portion and along the eastern side of the site.

Retail Impact Assessment: A retail impact assessment was not required for this application because the proposal does not include the sale of either clothing or food.

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 F

COMMENTS FROM THE PUBLIC, REVIEWING AGENCIES AND THE APPLICANT

Public Input: On September 8, 2000 a notification letter was sent to 154 nearby property owners and on September 11, 2000, a rezoning information sign was posted on the site. Two phone calls were received from neighbours asking for details about the proposal. There were no concerns raised regarding this application and consequently no public meeting was held.

Comments of the City Engineer: The City Engineer 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:

APPENDIX G

6 pages of architectural drawings

 

APPENDIX H

APPLICANT, PROPERTY, AND DEVELOPMENT PROPOSAL INFORMATION

APPLICANT AND PROPERTY INFORMATION

Street Address

2876 Rupert Street

Legal Description

Lot D, Block 1345, DL 526, Plan 5272

Applicant

Ray Spaxman, Spaxman Consulting Group Ltd.

Developer

Dan Urbani, Canadian Petcetera Warehouse Inc.

SITE STATISTICS

 

GROSS

DEDICATIONS

NET

SITE AREA

5 845 m² (62,920 sq. ft.)

---

5 845 m² (62,920 sq. ft.)

DEVELOPMENT STATISTICS

 

DEVELOPMENT PERMITTED UNDER EXISTING ZONING

PROPOSED DEVELOPMENT

RECOMMENDED
DEVELOPMENT
(if different than proposed)

ZONING

CD-1

CD-1

 

USES

Manufacturing, Service, Transportation and Storage, Utility and Communication, and Wholesale Uses; Accessory Retail Use

Manufacturing, Service, Transportation and Storage, Utility and Communication, Wholesale and Retail Uses
(Minimum size of 929 m² [10,000 sq. ft.] and not including food or
clothing sales),
Accessory Uses

 

MAX. FLOOR SPACE RATIO

3.00 FSR

0.41 FSR

 

MAXIMUM HEIGHT

18.3 m (60 ft.)

7.5 m (25 ft.)

 

LANDSCAPED SETBACKS

 

12.2 m (40 ft.) along Grandview Highway

3.7 m (12 ft.) along
Rupert Street

PARKING SPACES

Per Parking By-law

63 parking spaces

Retail units per Parking By-law section 4.2.5.1
[40 parking spaces]

* * * * *

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