POLICY REPORT
DEVELOPMENT AND BUILDING
Date: April 19, 2002
Author/Local: D.Naundorf/7484RTS No. 02643
CC File No. 5303
Council: May 14, 2002
TO:
Vancouver City Council
FROM:
Director of Current Planning
SUBJECT:
CD-1 Text Amendment - 289 Alexander Street
RECOMMENDATION
THAT the Director of Current Planning be instructed to make application to amend CD-1 By-law No. 7652 for 289 Alexander Street (Parcel A, DL 196 & 4281, Plan LMS 3818) to allow Residential Unit in conjunction with Artist Studio - Class B in ground floor units and to add a noise warning to the Use section of the CD-1 By-law generally as outlined in 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 by-law for consideration at the Public Hearing.
GENERAL MANAGER'S COMMENTS
The General Manager of Community Services RECOMMENDS approval of the foregoing.
COUNCIL POLICY
On June 13, 1996 Council adopted Strategic Directions for Live/Work and Work/Live which supports consideration of pilot projects for Industrial work/live use, subject to various criteria.
On September 10, 1996 Council amended the Zoning and Development By-law and the Artist Studio Guidelines, to distinguish artist studios which do not involve industrial processes (Class A) from artist studios which do involve industrial processes (Class B), and to permit only Class B artist studios in industrial areas.
PURPOSE AND SUMMARY
This report proposes an amendment to the CD-1 By-law for the first industrial work/live pilot project at 289 Alexander Street to add as a permitted use Residential Unit in conjunction with Artist Studio Class B for the ground floor units. The CD-1 By-law currently permits Artist Studio - Class B, various industrial and commercial uses and Residential Unit in conjunction with limited industrial uses in the ground floor units. It does not permit Residential Unit in conjunction with Artist Studio - Class B.
The report also recommends adding a noise warning in the CD-1 By-law to warn prospective purchasers of the industrial nature of the ground floor units and the surrounding area.
These two amendments to the CD-1 By-law for 289 Alexander Street will make it consistent with the CD-1 By-law for the second industrial work/live pilot project in the city at 1220 East Pender Street.
BACKGROUND
On November 5, 1996, 289 Alexander Street was rezoned from M-2 to CD-1 to permit a 7-storey mixed-use building including 150 artist live/work studios (Artist Studio Class - A with associated Residential Unit) on the upper 6 floors and 11 industrial/commercial units on the ground floor.
On January 25, 2001, Council approved an amendment to the CD-1 By-law for 289 Alexander Street related to the 11 ground floor units. Added as permitted uses were Residential Unit associated with selected industrial uses (industrial work/live) and Artist Studio - Class B, as a stand-alone use. Residential Unit associated with Artist Studio - Class B was not included, as the intent of the CD-1 zoning was to retain the viability of the ground floor units for industrial users, and staff believed that artist live/work use in the ground floor units would be contrary to this objective. The amendment was enacted on January 22, 2002.
At a Public Hearing held on November 8, 2001, Council approved a second industrial work/live pilot project at 1220 East Pender Street. As an evolution of the industrial work/live rezoning policy, the uses proposed and supported for that site included Residential Unit in conjunction with Artist Studio - Class B. The CD-1 By-law for 1220 East Pender Street was enacted on April 9, 2002.
DISCUSSION
The developer/owner of the 11 ground floor units at 289 Alexander Street has requested that the Director of Current Planning initiate an application to amend the CD-1 By-law to permit Residential Unit in conjunction with Artist Studio - Class B, and to delete the industrial andindustrial work/live uses permitted for these units. The rationale for the request cited various problems related to marketing the industrial/commercial and industrial work/live units.
Staff support adding Residential Unit in conjunction with Artist Studio - Class B, in addition to the already approved uses on the ground floor. Staff are now of the opinion that Residential Unit in conjunction with Artist Studio - Class B is an appropriate use because the industrial processes and higher impacts associated with this use are consistent with the commercial/industrial and industrial work/live uses intended for the ground floor. Staff believe the addition of this use will assist with the marketing of the ground floor units.
Staff agreed to initiate this amendment without the normal $7,500 fee for an application to amend one section of a CD-1 By-law, since staff had supported the inclusion of this use for the industrial work/live project at 1220 East Pender Street.
Staff do not support deleting the commercial/industrial uses or industrial work/live uses permitted for these units in order to maintain the intent of the CD-1 zoning for 289 Alexander Street to permit a variety of compatible industrial uses to occupy the ground floor units on this formerly M-2 (industrial) zoned site.
Staff further recommend, in the interest of minimizing noise complaints and ensuring disclosure of the legal noise levels on and around this site to prospective purchasers, that the Use Section of the CD-1 by-law be amended to include a notation that Residential Unit use in this CD-1 is in an "Activity Zone" as defined in the Noise Control By-law and, as a result, will be subject to noise levels permitted in an industrial zone. This clarification was included, at Council's request, in the CD-1 By-law for 1220 East Pender Street.
CONCLUSION
Staff propose that the CD-1By-law for 289 Alexander Street be amended to permit Residential Unit in conjunction with Artist Studio - Class B because the higher impacts associated with this use are consistent with the industrial/commercial and industrial work/live uses intended for the ground floor. Staff also propose that an industrial noise warning be included in the CD-1 By-law. The amendments will achieve consistency with the CD-1 By-law for the industrial work/live project at 1220 East Pender Street.
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DRAFT AMENDMENTS TO CD-1 BY-LAW [361] NO. 7652
· amend Section 2.1 (d) and (e) to note that the Residential Unit use will be in an "activity zone" as defined in the Noise Control by-law, and, as a result, will be subject to noise levels permitted in an industrial zone;
· add Residential Unit associated with Artist Studio - Class B to Section 2.2
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(c) 1998 City of Vancouver