POLICY REPORT
URBAN STRUCTURE

TO:

Vancouver City Council

FROM:

Director of Current Planning, in consultation with the Director of Legal Services

SUBJECT:

Housekeeping Text Amendments in the False Creek North Official Development Plan By-law No. 6650 and CD-1 (Comprehensive Development) By-laws No. 7675 and 8109 (500 and 600 Pacific Street): Density Transfer to Complete the Approved Form of Development

 

RECOMMENDATION

A. THAT the Director of Current Planning be instructed to make application to amend the False Creek North Official Development Plan, By-law No. 6650, to transfer 7 432 m² (80,000 sq. ft.) of residential floor area from Area 6A to Areas 1A and 1B, and to correct several errors in Figure 4 including a reduction of 9 290 m² (100,000 sq. ft.) of residential floor area in Area 6A, and that the application be referred to a Public Hearing together with draft By-law amendments generally as presented in Appendix A;

B. THAT the Director of Current Planning be instructed to make application to amend the CD-1 By-law for 500 and 600 Pacific Street (consolidation of By-law Nos. 7675 and 8109) to increase the maximum residential floor area by 7 432 m² (80,000 sq. ft.) to achieve the overall development scheme approved at Public Hearing, and that the application be referred to the same Public Hearing together with draft CD By-law amendments generally as presented in Appendix B;

GENERAL MANAGER'S COMMENTS

The General Manager RECOMMENDS approval of A and B.

COUNCIL POLICY

Relevant City Policies, Plans and Guidelines include:

· False Creek North Policy Statement, approved in August 1988,
· False Creek North Official Development Plan, adopted April 10, 1990 and last amended November 7, 2002,
· CD-1 By-law No. 7675 (# 366), 500 Pacific Street, enacted November 26, 1996 and amended October 22, 2002,
· CD-1 By-law No. 8109 (# 399), 600 Pacific Street, enacted October 21, 1999 and amended October 22, 2002, and
· Beach Neighbourhood CD-1 Guidelines (500 and 600 Pacific Street), adopted October 21, 1999 and amended May 28, 2002.

PURPOSE AND SUMMARY

This report reviews an opportunity to appropriately complete the approved overall development scheme in Beach Neighbourhood (the form of development approved in principle by City Council at Public Hearing). Staff have reviewed the development process to date in Beach Neighbourhood (Areas 1A and 1B of False Creek North) and concluded that the maximum residential floor area permitted there should be slightly increased, by 7 432 m² (80,000 sq. ft.), through a transfer of density from Area 6A, the undeveloped Coopers Park neighbourhood immediately east of the Cambie Bridge.

The residential floor area which remains undeveloped is insufficient to complete the Beach Neighbourhood development as originally intended, for the reason that more floor area was developed in the earlier phases than was originally proposed, by about 3 percent. This was accomplished within the overall development scheme that was approved in principle at Public Hearings in 1996 and 1999. Building envelopes, established by building footprints and number of storeys or building heights, provide some room for flexibility in detailed design development and, in doing so, also provide some margin for varying the amount of floor area.

Staff recommend that the Director of Current Planning be instructed to make application to amend the False Creek North Official Development Plan, and the CD-1 By-laws for 500 and 600 Pacific Street, to transfer 7 432 m² (80,000 sq. ft.) of residential floor area from Area 6A to Area 1A and Area 1B, and that these applications be referred to a Public Hearing and approved.

Staff also recommend that application be made and referred to Public Hearing to amend the False Creek North Official Development Plan to correct several errors in Figure 4, including a reduction of 9 290 m² (100,000 sq. ft.) of residential floor area in Area 6A, and that the application be referred to the same Public Hearing

DISCUSSION

Existing Zoning and Overall Development Scheme: The rezoning of Beach Neighbourhood, from BCPED to CD-1, began with the approval of a CD-1 By-law and approval in principle of a form of development (overall development scheme) for the east part of the neighbourhood (Area 1B at 500 Pacific Street) in November, 1996. The CD-1 By-law and overall development scheme for the west part (Area 1A at 600 Pacific Street) were approved in October, 1999. City Council adopted companion design guidelines in 1996 and again in 1999.

Encompassing about five city blocks (15.4 ha of land and water), Beach Neighbourhood is intended to be a prime residential neighbourhood providing housing consistent with livability, environmental, and household and income mix City objectives, particularly for families with children. Development of this neighbourhood is intended to achieve a high quality of urban design and architecture. It is focussed around a formal urban park (George Wainborn Park), where a major feature will provide a focal point at the foot of Richards Street. 14 mid- high-rise buildings are anticipated, ranging in height from 10 storeys to 38 storeys, the tallest being a landmark structure which is now completed and occupied on the axis of Pacific Boulevard at its intersection with Homer Street. The lower levels of buildings are to be configured to reinforce the shapes of streets and open spaces. Pedestrian and cycling linkages to Beach Avenue are to be provided. (See Additional Information in Appendix D, including site plan and axonometric drawing for Beach Neighbourhood.)

The CD-1 By-laws which were established to achieve this overall development scheme provide for a maximum residential floor area of 223 014 m² (2,400,581 sq. ft.), optional local commercial floor area of 1 950 m² (20,990 sq. ft.), and a maximum of 2,266 dwellings. A minimum of 432 non-market dwellings are required, to ensure social diversity in the neighbourhood (including a minimum of 255 non-market family dwellings).

Floor Area Shortfall: Development in Beach Neighbourhood began relatively recently. Over the last three years, Pacific Place Developments Corp. has obtained development approvals and permits for most of the towers and other buildings anticipated for the neighbourhood. Two market residential towers are still to be developed, both near the False Creek waterfront, as well as all four non-market housing buildings.

In development to date, the developer has been able to realize slightly more floor area within the approved overall development scheme than was anticipated when staff developed the two CD-1 By-laws for this neighbourhood. This has occurred, not unexpectedly, because the building envelopes illustrated in the overall development scheme, established by building footprints and number of storeys or building heights, provide some room for flexibility in detailed design development and thereby also provide some margin for varying the amount of floor area. (See Illustrative Plan for False Creek North - West Half in Appendix C, page 3, overall development scheme for Beach Neighbourhood in Appendix D, pages 4 and 5, and Additional Discussion about form of development in Appendix E.)

Further to these general circumstances which enable an overall development scheme to be achieved in slightly different ways while still respecting that scheme, several factors have led to slightly more residential floor area being proposed and approved in development permits to date then was originally intended:

a) Topography - This is the first neighbourhood to be developed in FCN having such a substantial slope, with an elevation change of 10.5 m (34.4 ft.) from Pacific Street to the False Creek waterfront. This has enabled the provision of an additional floor and additional floor area in some buildings, while remaining within the building envelopes and maximum building heights set out in the approved overall development scheme, and responding to design guidelines.

b) Safety and Security - City-initiated amendments to the Beach Neighbourhood Design Guidelines in 2002 required the inclusion of more townhouses to provide more ground-oriented family housing, more streetwall massing and a more substantial base to some of the proposed towers so as to increase neighbourhood livability through more "eyes and ears on the street" for safety and security, especially for women and children. This resulted in an increase in floor area.

c) Design Refinement and Housing Demand - Adjustments to the mix of dwelling types and sizes, in response to consumer demand, has required changes to floor lay-outs and some slight enlargement in some building footprints and floorplates, while remaining within the approved building envelopes. Related reduction of some floor-to-floor heights has enabled an additional floor to be provided in some buildings, particularly the taller ones, while remaining within the allowable building heights.

d) Livability - The provision of larger outdoor balconies in some buildings, exceeding the 8 percent FSR (floor space ratio) exclusion for open and enclosed balconies, has increased the total floor area.

These factors have resulted in slightly more residential floor area being developed to date then otherwise anticipated, and an insufficient amount remaining to complete the Beach Neighbourhood development as originally intended. About 3 percent more floor area was developed in the earlier phases than was originally proposed. This was accomplished within the overall development scheme that was approved in principle at Public Hearing in 1996 and 1999. It should also be further noted that this was possible because both CD-1 By-laws allow up to 2 000 m² (21,529 sq. ft.) of residential floor area to be transferred from any development site to any other development site.

An additional 7 432 m² (80,000 sq. ft.) of floor area would be sufficient to complete the overall development scheme and could be accommodated in this neighbourhood without affecting the scheme. There would consequently be no impact on views and shadowing, which are of principal concern to neighbours and also the general public. This amount of floor area represents only 3.3 percent of the total floor area originally contemplated in this neighbourhood, and would have no noticeable impact on services and amenities. If this additional floor area is not provided, and if 36,086 m² (388,434 sq. ft.) floor area potential is set aside for the future development of the non-market housing sites, the two remaining market buildings which do not yet have development approval (1P and 1K near the False Creek waterfront) could not be developed as originally intended. With about a third less floor area available than needed, one, or both, buildings would likely be reduced in height (10 and 16 storeys, respectively, were originally intended).

Increasing the Maximum Floor Area: City policy is that rezonings should not increase capacity in the Central Area without full provision of amenities and services for additional population. Density which is already established in the FCN ODP, though not yet developed, could be transferred within the FCN area without increasing capacity and would not require analysis of private and public costs and benefits, because such analysis has already been completed for all of the 911 687 m² (9,813,667 sq. ft.) residential floor area contemplated in FCN. Correspondingly, no Community Amenity Contribution would be required with this rezoning.

Staff propose that a good source of density transfer to Beach Neighbourhood is Area 6A (Coopers Park), immediately east of the Cambie Bridge. The principal reason is that this neighbourhood has not yet been rezoned to CD-1 and developed. In fact, it is undergoing some replanning in follow-up to the North-East False Creek Urban Design Plan adopted by City Council in July, 2002.

Staff recommend that 7 432 m² (80,000 sq. ft.) be transferred to Beach Neighbourhood (Areas 1A and 1B) to achieve the intended form of development, including non-market housing, approved in principle at Public Hearings. This will require an amendment to the FCN ODP, and also an amendment to the CD-1 By-laws for Beach Neighbourhood, as set out in Appendix A and B.

It is not necessary to alter the maximum number of dwellings permitted in Beach Neighbourhood, or in Area 6A. In overall terms, average dwelling size would be very slightly increased in Beach Neighbourhood, but with a wider variety of unit types and sizes being provided which will increase the diversity of people living in the neighbourhood. It is further proposed that the dwelling unit numbers for Area 6A not be adjusted at this time but that they be resolved during the replanning of that neighbourhood which is now underway.

Corrections Required in the FCN ODP: During the preparation of this report, staff uncovered several errors in the ODP which occurred in the course of numerous recent amendments to the ODP and to the CD-1 By-laws for three FCN neighbourhoods.

Figure 4 of the FCN ODP has been amended 6 times in the last 3 years. Two major changes were the introduction of a chart format in July, 2000 and a conversion to electronic format of all the ODP diagrams and charts in November, 2002. During these amendments several transposition errors occurred. Most significantly, Figure 4 overstates the maximum residential floor area in Area 6A by 9 290 m² (100,000 sq. ft.).

During this time period, several minor amendments were also approved in the CD-1 By-laws for Roundhouse Neighbourhood (Area 2), Yaletown Edge (Area 3) and Quayside Neighbourhood (Areas 4/5A). On some of these occasions, the necessary consequential amendments to the FCN ODP were either overlooked or not completed satisfactorily. The ODP thus overstates the residential floor area for Area 2 by about 370 m² (4,000 sq. ft.), and it understates Areas 3 and 4/5A by about 370 m² (4,000 sq. ft.) each. There are also some minor discrepancies in the amount of commercial floor area and number of dwelling units. Staff recommend that corrected Figures 4 and 5 be prepared to replace the existing ones and that Section 3.2.1 be amended as might be necessary to reflect those revised numbers.

PUBLIC PROCESS

There was considerable participation by the surrounding neighbourhood in the initial rezoning of the Beach neighbourhood from BCPED to CD-1 in 1996 and again in 1999. This interest has continued into the processing of site-specific development applications that has been underway since 2000.

The recommended FCN ODP and CD-1 amendments would not increase overall FCN density or dwelling unit count and also would not change the overall development scheme for Beach Neighbourhood. Therefore, rather than a wide public process, staff propose to inform those neighbours who have shown active interest to date so that they may choose to participate at the Public Hearing.

CONCLUSION

Staff have reviewed the development process to date in Beach Neighbourhood and concluded that in order to achieve the approved overall development scheme in Beach Neighbourhood (the form of development approved in principle by City Council at Public Hearing in 1996 and 1999), the maximum floor area permitted in the CD-1 By-laws for Beach Neighbourhood should be adjusted. If not, the remaining market housing sites, closest to the waterfront, would be underdeveloped.

Staff recommend that the Director of Current Planning be instructed to make application to amend the False Creek North Official Development Plan and the CD-1 By-law(s) for 500 and 600 Pacific Street (Areas 1A and 1B, Beach Neighbourhood), to transfer 7 432 m² (80,000 sq. ft.) of residential floor area from Area 6A to Areas 1A and 1B, and to correct errors in the FCN ODP, and that these applications be referred to a Public Hearing and approved.

 

APPENDIX A

DRAFT BY-LAW AMENDMENTS
FALSE CREEK NORTH OFFICIAL DEVELOPMENT PLAN
By-law No. 6650

Note: An amending by-law will be prepared generally in accordance with the revised provisions listed below, which are subject to change and refinement by staff prior to posting for the public hearing.

1. The False Creek North ODP is to be amended in Figure 4 (Residential Units) by:

2. The False Creek North ODP is to be amended in Figure 5 (Office Development) to correct minor discrepancies between the ODP and the CD-1 By-laws.

 

APPENDIX B

DRAFT BY-LAW AMENDMENTS
500 and 600 Pacific Street
By-law Nos. 7675 and 8109

Note: An amending by-law will be prepared generally in accordance with the revised provisions listed below, which are subject to change and refinement by staff prior to posting for the public hearing.

1. The combined CD-1 By-law for 500-600 Pacific Street [a consolidation of CD-1 By-law No. 7675 (# 366) for 500 Pacific Street (Area 1B) and CD-1 By-law No. 8109 (# 399) for 600 Pacific Street (Area 1A)] is to be amended in Section 5 (Floor Area and Density) by substituting Table 1 in Section 5.1, with the following, thus increasing the maximum floor area in residential use by 7 432 m² (80,000 sq. ft.):

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BACKGROUND INFORMATION
False Creek North Official Development Plan


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APPENDIX D

ADDITIONAL BACKGROUND INFORMATION

Site and Surrounding Context: Beach Neighbourhood, which is designated as Area 1A and Area 1B in the False Creek North (FCN) Official Development Plan (ODP), is the westernmost neighbourhood in False Creek North. It has 15.4 ha (38 acres) of land and water. The neighbourhood is bounded on the south by False Creek and to the north by Pacific Street. To the west is the Granville Bridge and the Seymour off-ramp. To the east are David Lam Park and the Roundhouse Neighbourhood.

Planning History: The False Creek North (FCN) Official Development Plan (ODP), adopted in April 1990, is the overall guide to the pattern of land uses and development in FCN, setting out maximum floors areas and numbers of dwelling units which are to be more specifically delineated within zoning by-laws prepared for each of the areas or neighbourhoods within the ODP boundaries and which incrementally replace the interim use zoning (BCPED). (See excerpts in Appendix C.)

Rezoning History: The rezoning of 500 and 600 Pacific Street (Areas 1A/1B - Beach Neighbourhood) began with the approval of a CD-1 By-law and approval in principle of the form of development (overall development scheme) for 500 Pacific Street (Area 1B) in November, 1996 and for 600 Pacific Street (Area 1A) in October, 1999. Council adopted companion design guidelines in 1996 and again in 1999. Also in 1999, Council approved amendments to the form of development and CD-1 By-law for Area 1A previously approved in 1996. On May 28, 2002 Council approved amendments to the Beach Neighbourhood (500 and 600 Pacific Street) CD-1 Guidelines that ensure the inclusion of more townhouses and an improved public realm interface in the Beach Neighbourhood.

A rezoning application submitted by the property owner in May, 2002, to increase some building heights, to transfer 23 225 m² (250,000 sq. ft.) of density from area 6A, and to expand marina area in Area 1B raised considerable interest and concern from surrounding neighbours and prospective purchasers of new dwelling units in Beach Neighbourhood. After two Open Houses and much opposition to the rezoning expressed, the applicant withdrew the application, and resubmitted a new one solely to expand marina area. This application was approved on October 22, 2002.

Form of Development: Encompassing about five city blocks (15.4 ha of land and water), Beach Neighbourhood is intended to be a prime residential neighbourhood providing housing consistent with livability, environmental, and household and income mix objectives, particularly for families with children. Development of this neighbourhood is intended to achieve a high quality of urban design and architecture. It is focussed around a formal urbanpark (George Wainborn Park), where a major feature will provide a focal point at the foot of Richards Street. About fifteen high-rise buildings are anticipated, ranging in height from 10 storeys to 38 storeys, the tallest being a landmark structure on the axis of Pacific Boulevard at the intersection of Homer Street. The lower levels of buildings are to be configured to reinforce the shapes of streets and open spaces. Pedestrian and cycling linkages to Beach Avenue are to be provided. (See site plan and axonometric drawing on pages 4 and 5.)

Existing Zoning: The existing CD-1 zoning allows for 223 014 m² (2,400,581 sq. ft.) of residential floor area , and 1 950 m² (20,990 sq. ft.) of local-serving, pedestrian-oriented commercial floor area, as follows:

· a total floor area of 93 290 m² (1,004,200 sq. ft.) in Area 1A, including residential potential of 92 600 m² (996,771 sq. ft.) for a maximum of 1,023 dwelling units, including a minimum of 81 non-family and 165 family non-market units, and a small amount of commercial potential of 690 m² (7,427 sq. ft.), and

· a total floor area of 131 674 m² (1,417,375 sq. ft.) in Area 1B, including residential potential of 130 414 m² (1,403,811 sq. ft.) for a maximum of 1,243 dwelling units, including a minimum of 96 non-family and 90 family non-market units, and a small amount of commercial potential of 1 260 m² (13,563 sq. ft.).

The residential potential anticipated by the FCN ODP in Beach Neighbourhood is about 25 percent of the 886 662 m² (9,544,263 sq. ft.) of total residential floor area in FCN. The CD-1 By-law, like the FCN ODP, provides for a total of 2,266 dwelling units. The minimum number of non-market units in the Beach Neighbourhood is 432 (177 non-family and 255 family), which is 19.1 percent of the total number of units allowed.

Recent Development: Development in the Beach Neighbourhood began relatively recently. It is the last FCN neighbourhood to be developed in the area between the Granville and Cambie Bridges. Over the last three years, Pacific Place Developments Corp. has obtained development approvals and permits for many of the 18 towers and buildings, as follows:

· a 38-storey tower at 400 Pacific Street (1A), approved in December, 2000, was recently completed and is now occupied;

· a 28-storey tower at 1499 Homer Street (1B) and a 33-storey tower at 500 Pacific Street (1L) are under construction and will soon be completed;

· development permits have been issued and construction has begun for 498 Pacific (1E), at 33 storeys, 400 Beach (1GHJ) at 24, 18 and 7 storeys, 455 and 583 Beach (1D & 1M) at 31 storeys, and 550 Pacific (1Q) at 23 storeys; and

· development applications were approved by the Development Permit Board on March 17, 2003 for 600 Beach Crescent (Towers 1N & 1O) at 24 and 11 storeys.

Still to be developed is a market residential tower (1K) in east Beach Neighbourhood; a commercial/residential building (1P) in west Beach Neighbourhood; and all of the non-market housing buildings, 1C and 1F in east Beach Neighbourhood and 1R, 1S and 1T in west Beach Neighbourhood.

See site plan and massing diagram attached on pages 4 and 5.

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APPENDIX E

ADDITIONAL DISCUSSION

This additional discussion reviews the relationship between the form of development in new neighbourhoods (also referred to as overall development scheme) and the zoning regulations established in CD-1 By-laws.

Form of Development and Zoning Regulations: The effective planning of high-quality, new, primarily residential neighbourhoods generally begins with an emphasis on the form of development and overall density. The siting and massing of buildings in relation to one another and the surrounding cityscape is the initial focus of planners, architects, and citizens. The building forms are studied and adjusted in terms of overall urban design objectives, including sunlight access (shadowing), public and private views (short and long), privacy, livability and neighbourhood character. Principles for housing families at higher densities and for crime prevention through environmental design are also considered.

As the design process advances for individual neighbourhoods, through public consultation, building shapes gradually evolve into more specific building footprints and envelopes which are modelled in three-dimensional form and are later translated into building heights and floorplates. Eventually the proposed design for a new neighbourhood is expressed in form of development drawings which are presented to City Council for approval in principle at a Public Hearing, and subsequently referred to as the overall development scheme.

Also, as the design process proceeds, design guidelines are developed which state the principles and propositions which will guide the development of a particular neighbourhood. They also articulate specific directions which should be followed in developing and evaluating detailed building proposals on specific sites. These guidelines are usually approved by City Council resolution at the time that the CD-1 By-law for a new neighbourhood is enacted.

To guide the development of neighbourhoods so as to achieve the overall development scheme supported by staff and the public, CD-1 By-laws are prepared and recommended to Council for approval at a Public Hearing. In these by-laws, proposed building forms are translated into floor area amounts and numbers of dwelling units.

Floor area and dwelling unit numbers are quite dependent upon assumptions. Floor area estimates depend on assumptions about "building efficiency" (the percentage of floor area which is saleable or leaseable and counted for development permit purposes, relative to the total gross floor area of a building) and floor-to-floor heights. Dwelling unit estimatesdepend on assumptions about dwelling unit types and sizes. (Population estimates, which are developed to enable the planning of and negotiation for the services and amenities which neighbourhoods require, are further dependent upon assumptions about household types and sizes.)

The translation of neighbourhood designs, or overall development schemes, into quantitative measures that are established in zoning regulations is a difficult undertaking, since assumptions about building efficiency, floor-to-floor heights, and average dwelling size can and do change. This is especially true for large master planned communities whose development is completed over a fairly long time period. In these cases, the amount of floor area and number of dwellings that could actually be constructed within the building envelopes illustrated in an overall development scheme can vary from CD-1 By-law provisions.

The floor area and dwelling unit numbers are always somewhat less than can actually be developed within the building envelopes. This is to provide some flexibility at the later development application stage to fine-tune the design through more detailed urban design and architectural analysis and in timely response to consumer demand. Frequently, it is a different developer and/or architects who undertake development then those who undertook the rezoning, with the result that there are often changes in building architecture, dwelling unit mix, and floor lay-outs.

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