POLICY REPORT
URBAN STRUCTURE

TO:

Vancouver City Council

FROM:

Director of Current Planning

SUBJECT:

1099 Main Street (Citygate Phase VIII): CD-1 Text Amendment

 

RECOMMENDATION

GENERAL MANAGER'S COMMENTS

COUNCIL POLICY

· CD-1 By-law No. 6744 (# 264) and Form of Development approved in principle at Public Hearing of October 19, 1989; and
· Transfer of Density Policy and Procedures.

PURPOSE AND SUMMARY

This report assesses an application to amend Section 6 (Floor Area) of the CD-1 Comprehensive Development District By-law for CityGate to convert permitted but unbuilt retail and institutional floor area to residential use and to increase total residential floor area through a transfer of heritage density. Staff also recommend a consequential amendment to Section 4 (Uses) to slightly increase the maximum number of dwelling units in CityGate and adjust the number of non-market units required.

These amendments would allow completion of the final Phase (VIII) of the CityGate development with a 77-unit, 14-storey market residential building with retail floor area at grade. Staff support the application because the proposed building would conform to the form of development approved in principle at Public Hearing and because it would meet the City's objective of preserving heritage buildings through heritage density purchases. The Director of Current Planning recommends that the application, and the consequential amendments recommended by staff, be referred to a Public Hearing and approved.

DISCUSSION

Site, Context, and Surrounding Zoning: The CityGate development occupies two large city blocks at the east end of False Creek between Quebec and Main Streets, north of Terminal Avenue. The only site which remains to develop, and which is vacant, is the subject site at 1099 Main Street, at the north-west corner of Main and National Streets.

Background: At a Public Hearing in October, 1989, City Council approved a rezoning of the CityGate lands (then the Station/Lafarge lands) from M-1 Industrial and FC-1 Commercial District to CD-1 Comprehensive Development District. The CD-1 By-law, which was enacted in October, 1990, permits a total residential floor space of 113 900 m² (1,226,009 sq. ft.), 6 570 m² (70,719 sq. ft.) of retail floor space, 9 690 m² (104,302 sq. ft.) of service and office floor space, and 2 150 m² (23,142 sq. ft.) of institutional floor space. The By-law permits up to 1,000 dwelling units of which 25 percent were to be designed for families, and 20 percent for non-market housing (half to be designed for families). As a condition of rezoning, the property owner was obligated to provide two child daycare facilities, a community room, and two sites for non-market housing.

At Public Hearing Council also approved in principle the form of development (overall development scheme) for seven towers on these lands. The overall scheme of development was amended in 1992 to allow for the VanCity office building above SkyTrain, but no amendments to the CD-1 By-law were necessary for this.

The CD-1 By-law was recently amended (Public Hearing in September, 2000 and enactment in January, 2001) to provide additional residential floor space of 2 733 m² (29,422 sq. ft.) for the 7-storey, 102-unit non-market housing building at 188 Milross Avenue (Phase VII). Amendments also allowed the developer to provide 24 fewer non-market dwellings, but larger family dwellings. These City-initiated amendments, some changes to the developer's obligations for child daycare and a community room, and the developer's commitment to build the project at 90 percent of the maximum budget permitted by the Homes BC program (a discount of $1,800,0000), in order to complete the non-market housing at the same time as the remaining market housing in CityGate), were strongly supported by staff. (See Additional Information in Appendix B.)

Proposed Development: Bosa Developments Corp. proposes to complete the development of CityGate (Phase VIII) in the near future. The building would contain 77 market dwellings with a floor area of 7 736 m² (83,275 sq. ft.), and 146  m² (1,575 sq. ft.) for retail uses at grade, for a total floor area of 7 883 m² (84,850 sq. ft.). The development would generally conform to the overall development scheme (i.e., within the approved building height and setbacks). The proposed 14-storey building would have a height of 46 m (151 ft.), which iswithin the maximum building height of 51.2 m (168 ft.) anticipated by the overall development scheme. (See Overall Development Scheme drawings in Appendix C.)

Proposed By-law Amendments: The development of CityGate, up to and including Phase VII (the non-market housing development at 188 Milross Avenue), has left 6 259 m² (67,370 sq. ft.) of floor area development potential for the last undeveloped site in CityGate, most of it retail and institutional floor area, as shown in the table below:

Table 1. Floor Area [and Dwelling Units]

The residential potential which remains undeveloped is insufficient for completing the CityGate development as originally intended. The reason that such a very small amount remains for this last phase of development is that more floor area was developed on the other CityGate sites than originally proposed, by about 5 percent overall. This was accomplished within the overall development scheme that was approved in principle at Public Hearing in 1989. Building envelopes, established by building footprints and number of storeys or building heights, provide some room for flexibility in final design development and, in so doing, also provide some margin for varying the amount of floor area.

To complete the CityGate development (Phase VIII), which is proposed to have 7 736 m² (83,275 sq. ft.) of residential floor area, and 146 m² (1,575 sq. ft.) for retail uses at grade, the applicant first proposes the following CD-1 By-law amendments:

· retain 146.3 m² (1,575 sq. ft.) of retail potential to provide retail floor area at grade on the subject site, and convert the remaining retail potential of 3 749 m² (40,351 sq. ft.) to residential use, and
· convert 2 150 m² (23,143 sq. ft.) from institutional use to residential.

The remaining residential potential, plus the conversion of retail and institutional potential to residential, plus the small amount of proposed retail space, is about 80 percent of the total floor area the applicant proposes to develop on the site. To address the remaining shortfall of 1 624 m² (17,480 sq. ft.), the applicant proposes a transfer of heritage density from an eligible donor site in the Central Area.

Conversion of Retail and Institutional Potential: Staff support the proposed amendment to convert retail and institutional potential of 5 899 m² (63,494 sq. ft.) to residential. First, about 60 percent of the total retail potential remains undeveloped because, the applicant states, there was less retail demand than was originally anticipated. Staff are satisfied that the amount and location of convenience retail space which has been provided on the ground floor of all CityGate development along Main Street and Terminal Avenue satisfies the intent of the original rezoning and approved form of development. Development of this last vacant site will include retail floor area at grade, consistent with the rest of CityGate.

Second, none of the institutional potential was utilized and none is necessary to complete the CityGate development. Child daycare facilities are excluded from floor area calculation and non-profit recreation facilities and amenity areas accessory to residential use, including meeting rooms, are also excluded, to a maximum of 5 500 m² (59,203 sq. ft.). The institutional floor area might conceivably have been used for a Special Needs Residential Facility but none of the non-market housing developed on the site was of this type.

Heritage Density Transfer: To complete CityGate within the approved form of development, the applicant proposes that maximum residential floor area be increased by 1 624 m² (17,480 sq. ft.) through a transfer of heritage density from a Central Area site. However, this site lies beyond the boundaries of the Central Area where the Transfer of Density Policy and Procedure provides for heritage density transfers within and between different districts.

Staff have reviewed previous City experience, in particular a recent case in Yaletown which is also outside the boundary for heritage density transfer, and concluded that an exception can also be supported for this site. The present proposal meets the principal objectives of a heritage density transfer, and the proposed transfer would result in a building no larger than was contemplated in the overall development scheme originally approved at Public Hearing. No change to the form of development is proposed in this rezoning application.

An approach that was recently used for the CD-1 site at 801 West Georgia Street is recommended for this site. The CD-1 By-law would be amended to give authority to the Development Permit Board, at the development permit stage, to approve additional floor area up to 1 624 m² (17,482 sq. ft.) upon proof that the applicant has purchased an equivalentamount of heritage density. This approach gives the developer the option of developing less floor area than is now intended.

Additional Dwelling Units: The CD-1 By-law provides for a maximum of 1,000 dwelling units in CityGate. A total of 941 units have been developed to date, which means that only 59 dwellings could now be approved on the subject site. The applicant proposes to develop 77 dwellings, 18 more than can be permitted, increasing by only 1.8 percent of the total number of units in CityGate.

Staff support the proposed small increase in the maximum number of dwelling units in CityGate, and recommend a consequential amendment to increase the maximum number of dwelling units, from 1,000 to 1,018. Another amendment is necessary to adjust the requirement that 17.6 percent of the units be targeted for core-need households or other non-market housing initiatives. As the number of non-market units (176) will remain unchanged, the proposed increase in the total number of units means that the non-market requirement should be adjusted, to 17.3 percent. It is not necessary to change the requirement that a minimum of 25 percent of the units to be designed for families as this requirement will continue to apply.

Maximum Building Height: Staff have received many telephone calls and several e-mail messages from strata owners living nearby in CityGate buildings at 1088 Quebec Street and 1128 Quebec Street. (See location of these buildings in Appendix C, page 1) These residents expressed a concern that when they were making their decision to purchase, they were advised by sales staff that the vacant subject site would be developed with a smaller building than is now described to them. Some were told the building would not exceed 7 storeys, some were told 9 storeys, one was told 10 storeys, and another 12.

The overall development scheme anticipates a maximum building height of 51.2 m (168 ft.) on the site, which is significantly less than maximum height of 94 m (308 ft.) permitted by the CD-1 By-law. The proposed building height of 46 m (151 ft.) in a 14-storey building conforms to the overall development scheme, which is more restrictive on height than the By-law.

Community Amenity Contribution (CAC): While the application proposes an increase in maximum floor area, it would be through a transfer of heritage density and such transfers are exempt from the City's CAC requirements. Staff further note that, should a CAC be required, we would recommend it take into account how the developer significantly reduced by $1,800,000 the cost of constructing the non-market housing at 188 Milross Avenue.

CONCLUSION

The proposed conversion of retail and institutional potential to residential and the proposed increase in total residential floor area through a transfer of heritage density would complete the overall development scheme approved in principle for CityGate and this site. Staff support this and recommend the CD-1 By-law amendments set out in Appendix A. No conditions of approval are required beyond those which were previously approved in the original rezoning of CityGate.

The Director of Current Planning recommends that the application to amend the CD-1 By-law for this site, including the additional amendment recommended by staff, be referred to a Public Hearing and approved.

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APPENDIX A

DRAFT AMENDMENTS TO CD-1 BY-LAW No. 6744
101 Terminal Ave. (CD-1 #264)

CD-1 By-law amendments will be prepared generally in accordance with the provisions listed below and are subject to change and refinement prior to By-law posting:

1. Amend Section 4 (Uses) in sub-section (a) as follows:

2. Amend Section 4 (Uses) be removing "(e) cultural and recreational uses" and "(f) institutional uses" from the list of permitted uses.

3. Amend Table 1 in Section 6 (Floor Area) as follows:

4. Amend Section 6 (Floor Area) by replacing the sub-section 6.2 as follows:

- - - - -

APPENDIX B

ADDITIONAL INFORMATION

BACKGROUND

Initial Rezoning: The CityGate development occupies two large city blocks at the east end of False Creek between Quebec and Main Streets, on the north side of Terminal Avenue. SkyTrain runs along the west and south sides of the site. Science World is located across Quebec Street and the Pacific Central transportation depot is located to the east, across from Thornton Park.

At a Public Hearing on October 19, 1989, City Council approved a rezoning of the CityGate lands (then the Station/Lafarge lands) from M-1 Industrial and FC-1 Commercial District to CD-1 Comprehensive Development District (By-law No. 6744 - CD-1 #264). Council also approved in principle the form of development for these lands (the overall development scheme). The CD-1 By-law (No. 6744) was enacted on October 16, 1990.

The CD-1 By-law permits up to 1,000 dwelling units of which 25 percent are to be designed for families, and 20 percent for non-market housing of which half must be designed for families. The By-law permits a total residential floor space of 113 900 m² (1,226,009 sq. ft.), 6 570 m² (70,719 sq. ft.) of retail floor space, 9 690 m² (104,302 sq. ft.) of service and office floor space, and 2 150 m² (23,142 sq. ft.) of institutional floor space.

Through the rezoning process the City negotiated the inclusion of two childcare centres and one community room in the project, in addition to sites for non-market housing, all of these secured by legal agreements.

Subsequent Amendments: The overall development scheme which was approved in 1989 was amended in 1992 to allow for the VanCity office building above SkyTrain, but no amendments to the regulations in the CD-1 By-law were necessary. After Public Hearing in September, 1999, in October, 1999 Council enacted an amendment to the CD-1 By-law to permit office uses in retail floor area on an interim basis.

More recently, the CD-1 By-law was amended (Public Hearing in September, 2000 and enactment in January, 2001) to provide additional residential floor space of 2 733 m² (29,422 sq. ft.) for the 102-unit, 7-storey non-market housing development at 188 Milross Avenue (CityGate Phase VII). This City-initiated amendment, plus a commitment to build the non-market housing at a discount and some changes to the developer's obligations for child daycare and a community room, were strongly supported by staff.

Since 1988 the City has required that 20% of the units in major projects be designated for non-market housing, with a priority for core-need households. The City has also required that non-market housing sites be made available at a price that allows them to be developed within the maximum budgets established by senior government non-market housing programs. To allow the non-market housing on this site to be built at the same time as the rest of the market housing in CityGate, and to obtain 1999-2000 funding, the developer was prepared to build the project at 90% of the maximum budget permitted by the provincial Homes BC program, a discount of $1,800,000 in the cost of the 102-unit project.

The developer also agreed to build the shell for a 444 m² (4,779 sq. ft.) child daycare facility, instead of a fully finished and furnished 370 m² (3,983 sq. ft.) facility. The developer also provided the City with 625 m² (6,727 sq. ft.) of retail space facing Main St. instead of a 225 m² (2,422 sq. ft.) fully finished and furnished community room. Finally, the developer paid $200,000 to the City, which was the difference between the cost of providing the childcare centre and community room under the previous legal agreements and the cost of doing so under a revised agreement. Council also approved that net revenue from renting the retail and childcare space would go to the City's Childcare Endowment Fund such that, at some point in the future, when funding is available, the City can complete the childcare centre.

The CD-1 By-law amendment to increase total residential floor area compensated the developer for providing more floor space and bigger family units in the non-market housing building than was originally required. An amendment also reduced the percentage of non-market housing required in CityGate from 20% to 17.6%. Though fewer non-market units would be built, the City would achieve the non-market value originally intended for the site. The resulting development would also continue to meet the urban design guidelines adopted for the site.

The site was originally designated for 126 non-market dwelling units of which 44 must be designed for families. (Note: The other non-market housing site in CityGate, at 1129 and 1189 Main Street, provides 74 units of which 56 are designed for families.) The proposed development at 188 Milross Avenue now anticipated 102 units, of which 92 would be for families and 10 for singles and couples without children (10 1-bedroom units, 53 2-bedroom units, 25 3-bedroom units, 10 4-bedroom units, and 4 5-bedroom units). Consequently 24 fewer non-market dwellings were proposed than was intended in the original rezoning, but more family units and much larger units were now proposed than was contemplated earlier.

Existing Development: CityGate is almost fully developed, primarily in residential use. The overall floor space ratio is 3.65 and residential density is 127 units per acre. Development consists of 4 and 5-storey street wall buildings along Main and Quebec Streets with towers above, set back slightly from their bases. One tower mid-rise has been developed on the 1100-block Main Street and three highrise towers have been developed along Quebec Street (a fourth tower is under construction). Retail and service uses havebeen provided along Main Street and at the SkyTrain Station with a 24-storey office building (VanCity) above the station. Public, semi-private and private open spaces have been provided, including major public open space in the 3 702 m² (39,850 sq. ft.) Thornton Place.

The only site which remains to develop is the subject site at 1099 Main Street, at the north-west corner of Main and National Streets. The CD-1 By-law text amendments which were approved in September, 2000 and enacted in January, 2001 left 6 259 m² (67,370 sq. ft.) of floor area development potential for the last undeveloped site in CityGate, as shown in the table below.

Table 1. Floor Area [and Dwelling Units]

Land Uses

Maximum Floor Area

Developed

Remaining Development Potential

Retail

6 570 m² (70,721 sq. ft.)

2 675 m²

3 895 m² (41,926 sq.ft.)

Service & Office

9 690 m² (104,306 sq. ft.)

9 690 m²

0 m² (0 sq.ft.)

Institutional

2 150 m² (23,143 sq. ft.)

2 150 m²

2 150 m² (23,143 sq.ft.)

Residential

116 633 m² (1,255,468 sq. ft.)

116 419 m²

214 m² (2,301 sq.ft.)

[Dwellings]

[ 1,000 ]

[ 941 ]

[ 59 ]

TOTAL

135 043 m² (1,453,638 sq. ft.)

128 784 m²

6 259 m² (67,370 sq.ft.)

COMMUNITY AMENITY CONTRIBUTION (CAC)

CityGate development was subject to the Station/Lafarge CD-1 Public Benefit Strategy which set out various developer obligations as a condition of rezoning approval. These obligations could be revisited if an increase in floor area for the CD-1 area is proposed. While such an increase is proposed here, it would be through a transfer of heritage density and such heritage transfers are exempt from the City's CAC requirement.

PUBLIC INVOLVEMENT

An information sign was installed on the site on November 22, 2002. Fourteen (14) notification letters, dated November 13, 2002, were mailed to immediately surrounding property owners while the applicant and developer arranged for distribution of this letter to about 850 strata and co-op owners in CityGate. No correspondence has been received and the few telephone calls and e-mail received sought clarification about the rezoning application.

Staff have received many telephone calls and several e-mail messages from strata owners living nearby in CityGate buildings at 1088 Quebec Street and 1128 Quebec Street. These residents expressed a concern that when they were making the decision to purchase their dwelling, they were advised that the vacant subject site would be developed with a smaller building than is now described to them. Some were told the building would not exceed 7 storeys, some were told 9 storeys, one was told 10 storeys, and another 12.

The CD-1 By-law allows the approval of all buildings in CityGate to a maximum height of 94 m (308 ft.). However, for the subject site the overall development scheme anticipates a lower height of 51.2 m (168 ft.), with a setback at the 13th storey or height of 38.25 m (125 ft.). The proposed building height of 46 m (151 ft.) in a 14-storey building on the subject site conforms to the overall development scheme, which is more restrictive on building height than the CD-1 By-law.

ENVIRONMENTAL IMPLICATIONS

Nearby access to transit may reduce dependence on use of automobiles.

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.

APPLICANT COMMENT

"We feel that the staff report reflects our concerns. The amendment will allow a successful completion of the Main Street portion on CityGate."

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APPENDIX C

A 3-page appendix provides drawings excerpted from the form of development approved in principle at Public Hearing (the overall development scheme), and annotated to highlight the site at 1099 Main Street.

APPENDIX D

APPLICANT, SITE AND
DEVELOPMENT PROPOSAL INFORMATION

Applicant and Subject Site Information

Street Address

1099 Main Street

Legal Description

Lot 3, Block 23, D.L. 196 & 2037, Plan LMP 48404

Site Area

1 293 m² (13,917.8 sq. ft.)

Length (Main St.)

35.838 m (117.6 ft.)

Width

35.311 m (115.8 ft.) and 36.845 m (120.9 ft.)

Property Owner

Bosa Developments Corp. (Applicant)

Architect

Perkins & Company Architecture and Urban Design Inc.

Development Statistics

 

CD-1 By-law Provisions

Proposed Development

Recommended

Land Use

Retail, Service & Office
Institutional, Residential

Retail
Residential

as proposed

Floor Area
Retail
Service & Office
Institutional
Residential
Total

6 570 m² (70,721 sq. ft.)
9 690 m² (104,306 sq. ft.)
2 150 m² (23,143 sq. ft.)
116 633 m² (1,255,468 sq. ft.)
135 043 m² (1,453,638 sq. ft.)

146.3 m2 (1,575 sq. ft.)

7 736 m2 (83,275 sq. ft.)
7 883 m2 (84,850 sq. ft.).

as proposed

Floor Space Ratio

n/a

6.1

n/a

Dwelling Units
Family
Non-Market
Total

250 (minimum 25 % of total)
176 (min. 17.6 % of total)
1,000

77 market dwellings

as proposed

Maximum Height

94 m (308.4 ft.)
Note: Approved form of development limits height on this site to 51.2 m (168 ft.).

46 m (151 ft.)
and 14 storeys

as proposed

Parking Spaces
retail
market dwellings

1 / 50 m²
1 / 100 m² plus 0.5 / dwelling

as required

as required

Loading Spaces

as per Parking By-law

as required

as required

Bicycle Spaces

as per Parking By-law

as required

as required

* * * * *

ag20030325.htm

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