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CITY OF VANCOUVER ADMINISTRATIVE REPORT |
Date: |
October 22, 2003 | |
Author: |
Yardley McNeill | |
Phone No.: |
873-7582 | |
RTS No.: |
02974 | |
CC File No.: |
1401-60 | |
Meeting Date: |
November 20, 2003 |
TO: |
Vancouver City Council |
FROM: |
Director Of Current Planning in consultation with the Subdivision Approving Officer |
SUBJECT: |
Heritage Revitalization Agreements and Designation for 5872 Wales Street |
RECOMMENDATION
A. THAT Council authorize the Director of Legal Services to enter into a Heritage
Revitalization Agreement for the property at 5872 Wales Street to:
a) Vary the RS-1 District Schedule to allow Two-Family Dwellings on the subdivided lots, at a density up to 0.75 FSR and height up to 35 ft. (10.7m) and other variances described within the HRA to enable the density to be pursued and to enable siting of the buildings to maximize retention of existing trees; and
b) Apply the current RT 7/8 Design Guidelines to the lots containing Two-Family Dwellings to achieve architecturally compatible buildings with the heritage house and the surrounding neighborhood.
B. THAT Council authorize the Director of Legal Services to enter into a Heritage Revitalization Agreement for the "A" listed heritage house at 5872 Wales Street to:
a) Secure the protection and ongoing maintenance of this "A" category Vancouver Heritage Register house; and
b) Vary the provisions of the RS-1 District Schedule of the Zoning and Development By-law, as described within Development Permit DE407830, so the zoning non-conformities of the heritage house on Lot 4 are made lawful in perpetuity.
C. THAT Council by By-law designate the heritage house on Lot 4 at 5872 Wales Street and the specimen trees named within Appendix C, as municipally protected heritage property.
D. THAT Council require that an agreement be registered to secure the timely restoration to the heritage house, to the satisfaction of the Director of Planning and Director of Legal Services.
E. THAT the agreements be given priority over all other charges on title, except those already held by the City, to the satisfaction of the Director of Legal Services.
F. THAT the Director of Legal Services bring forth the By-laws to authorize the Heritage Revitalization Agreements and to designate the heritage house and specimen trees.
GENERAL MANAGER'S COMMENTS
The General Manager of Community Services recommends approval of A, B, C, D, E and F.
COUNCIL POLICY
Heritage Policies and Guidelines
Council=s Heritage Policy states that the buildings identified in the Vancouver Heritage Register have heritage significance. Further that, the City=s long-term goal is to protect through voluntary designation as many resources on the Heritage Register as possible and legal designation will be a prerequisite to accepting certain bonuses and incentives.
Section 595 of the Vancouver Charter requires the City to compensate an owner if designation by By-Law causes a reduction in market value of the designated property. The market value of the site is determined through an analysis of the property unencumbered by the heritage obligations.
Council has instructed that, prior to consideration of a proposal for the demolition of an "A"- listed building on the Vancouver Heritage Register, a formal independent consultant's report on the physical condition and economic viability of retaining the building should be reviewed by the Director of Planning.
Council has instructed that as street trees and street landscaping adjacent to heritage buildings are perceived as complementary to the building, each proposal to modify such adjacent public lands be considered on its own merit by the appropriate Department or Board, as part of the City=s heritage incentive package.
Victoria Fraserview Killarney (VFK): Community Vision
The Vision's directions support retention of the heritage building at 5872 Wales Street and also incentives for heritage conservation. New two-family dwelling development, which fits with existing single-family areas, is also supported. (See Appendix D AThe Community Vision on Heritage@)
Council Resolution
On November 4, 2003, Council supported a recommendation to close, stop-up and lease a portion of the north side of East 44th Avenue, adjacent to 5872 Wales Street, for the purpose of permitting a portion of the heritage house at 5872 Wales Street to be located on the street dedication.
SUMMARY AND PURPOSE
This report recommends two Heritage Revitalization Agreements (HRA) to secure the long term preservation of the "A"-listed heritage building at 5872 Wales Street. The HRA's would secure the relocation and rehabilitation of the heritage building onto the South West corner of the site and by way of compensation, provide a relaxation of use, density and other variances to the Zoning and Development By-law for the newly subdivided lots. The purpose of the report is to seek Council's support for the Heritage Revitalization Agreements (HRA), in accordance with requirements set out in the Vancouver Charter.
BACKGROUND
Late in 2000, Planning staff were approached by the owner and his consultant to comment on a variety of options to retain the heritage building while allowing redevelopment of the remainder of the site. Scenarios involving housing in 3- 4 storey apartments at 1.2 FSR, were suggested by the proponent. Planning staff concluded the uses and densities could not be supported given the area=s present RS-1 zoning (0.6 FSR). However, a Heritage Revitalization Agreement could be considered for infill housing or subdivision of the parcel into smaller lots with Two-Family Dwellings, provided the new site density was not significantly greater than permitted in RS-1 and the building was retained along with the significant trees along East 44th Avenue.
In January 2002, Council endorsed the Victoria Fraserview Killarney (VFK) Community Vision which supports retention of the 5872 Wales Street heritage building and incentives, such as additional density to encourage conservation. The Vision also supports allowing Two-Family Dwellings that are attractive and fit into the existing single-family area. (See applicable Vision Directions in Appendix D).
Early in 2002, the owner submitted his preferred scheme with a financial proforma that detailed the costs of retaining the heritage building while subdividing the site into smaller parcels. The staff view of the owner's preferred option was that it did not meet the City's subdivision requirements with regard to street dedication. Staff developed several alternatives and concluded that saving the building would require incentives that would not otherwise be considered in a standard subdivision. Since the highest and best financial use for the site was to demolish the heritage house and subdivide into 6 unencumbered lots for single-family dwellings, a departure from the City's standard practice of securing 33 ft. for road dedication would be required to save the heritage house. This resulted in a proposal to subdivide the parcel into 6 lots, permit Two-Family Dwellings to a maximum of 0.75FSR and relocate/retain the heritage house to one of the lots, while permitting the building to straddle a slightly narrower road dedication of 26.4 ft. On November 4, 2003, Council supported leasing a portion of the road back to the owner in order to assist with the preservation of the heritage building.
Figure #1 Context Map
Heritage Value: The heritage building was constructed in 1919 for the Cooper family and sits on the corner of Wales Street and East 44th Avenue. (See drawings in Appendix "A") The family of the present owner purchased the property in 1941 and has retained ownership since then. The surrounding area was originally farmland. The size of the lot reflects a semi-rural setting and life style. The house was constructed in the middle of the lot and today, there are many large specimen trees surrounding the building and the property. The building exhibits strong elements of the Craftsmen style along with Tudor Revival half-timbering and a Colonial Revival front porch. Much of the historic value of the house is gained from its siting on a large lot with mature landscaping. The siting of the building and the strong architectural presence merited an AA@ listing on the Vancouver Heritage Register. The building retains all its original features and is in excellent condition. It is one of only 14 VFK buildings on the Vancouver Heritage Register. The surrounding area is zoned RS-1 and developed with single-family homes. Some of the area's early development remains, as seen in the adjacent Vancouver School Board nursery site and the VHR AA@ listed Avalon Dairy. The Avalon Diary was constructed in 1906, and is BC=s oldest continuously operating dairy.
Street Trees: Along East 44th Avenue, there are several large specimen trees within the area required for street allowance. An Arborist=s report (see Appendix C) identifies several of the street trees as worthy of addition to the Vancouver Heritage Register=s Landscape resource list. They are a Copper Beech and two Douglas Firs, each with a trunk diameter from 1.6 to 3 ft. These trees are in acceptable to good health, and with basic maintenance, could survive for many years.
DISCUSSION
The proposal is for two Heritage Revitalization Agreements (HRA). Both must be registered on title of the heritage site prior to its subdivision. The first HRA will be tied to the subdivided lots and will:
· Vary the RS-1 District Schedule to permit Two-Family Dwellings to a maximum of 0.75FSR, height up to 35 ft.(10.7m) along with other variances and apply current RT 7/8 Design Guidelines to create architecturally compatible dwellings with the heritage house, while encouraging flexible siting arrangements in an effort to retain more of the existing trees on each lot.
The second Heritage Revitalization Agreement concerns the heritage house only and will:
· Provide long term protection and maintenance; and
· Vary the RS-1 District Schedule to permit the heritage house to straddle the lot and the road dedication, as outlined within DE407830.
In addition, both the heritage house and the specimen trees along East 44th Avenue would be designated as legally protected heritage property. As well, the lease of the road dedication includes obligations on the lessee for the preservation of the specimen trees named within the Arborists report and to keep the heritage house in good appearance and repair in accordance with conditions set out within the Heritage Revitalization Agreement.
Both HRA's are brought forward for Council's approval as part of the overall project requirements outlined within the "City Development Process" contained in Appendix B.
Comments from the Subdivision Approving Officer:
In addition to considering advice from the City Engineer in establishing street and lane dedication requirements, the Approving Officer must consider the street system already established in adjoining subdivided areas and the general street pattern of the City. Although a 33 ft. street dedication would normally be a condition of subdivision approval, the Approving Officer has discretion and has accepted the City Engineer's support for a lesser road width of 26.4 ft. in an effort to preserve a building listed as an "A" on the Vancouver Heritage Register.
Compatibility with Community Objectives and the RS-1 District Schedule:
The Victoria Fraserview Killarney (VFK) Community Vision Statement supports the retention of the heritage building at 5872 Wales Street and supports Two-Family Dwellings that are compatible with the surrounding development. The RS-1 zoning would be varied on the site through the HRAs, to enable preservation of the heritage house and permit Two-Family Dwellings at 0.75FSR and 35 ft. Staff have determined that the current RT 7/8 Design Guidelines would be appropriate to apply to the two-family lots to enable the buildings to be designed in a character compatible with the heritage house.
A number of relaxations are sought to enable the heritage house to straddle the road dedication and be relocated to the new lot. They include building height, depth, FSR, and side/front yard setbacks. All the variances result from the compensation required to retain the heritage house. This necessitated site subdivision to create 5 parcels for Two-Family Dwellings, leaving a 6th parcel too small to accommodate the whole heritage house. In addition, the lot containing the heritage house is further restricted in siting options due to the three specimen trees located on the road dedication and the need to supply parking for the heritage house that is accessed off the new lane. Planning staff believe that an acceptable location for the heritage house has been found, however note the variances to the district zoning that are required to facilitate the relocation of the building. The variances are named within the HRA and will follow the site provided the heritage building remains in that location. (See Appendix A for drawings)
With regards to FSR, past practice is to permit the original FSR on a lot prior to lane or street dedication to flow through to the new lot but only for the next development permit issued. This project is no different in that the original lot size permitted 18,610 sq. ft. at 0.6 FSR. The resultant floor area of the 5 Two-Family Dwellings (if they achieve a maximum of 0.75FSR on each site) and the heritage house combined, would be approx. 18,038 sq. ft. (0.58 FSR).
Comments from Real Estate Services Staff:
The economic analysis has indicated that to save the heritage building, it will need to be sited within the contemplated street dedication in order to free up a larger portion of the remaining parcel for subdivided lots. The zoning variances to allow Two-Family Dwellings will off-set the loss in market value created by retaining the heritage house and partially locating it within the road dedication. The Director of Real Estate Services concludes that the lease agreement between the City and the property owner to permit the heritage house to straddle the road dedication will offer certainty for 200 years and be considered similar to fee simple property in the marketplace.
The owner considers this scenario to be financially viable and sufficiently similar to the base-case subdivision where the heritage house is demolished. The Director of Real Estate Services concurs that this option offers the owner the best opportunity to achieve a similar return to the base-case scenario and does not believe it will create an extraordinary profit.
PUBLIC COMMENTS
Vancouver Heritage Commission
The Commission reviewed the owner=s subdivision proposal on September 9, 2002 and supported the proposal, with comments. (See Appendix E for the full resolution.) The proposal as presented, is sufficiently similar to the owner's first submission to the Commission, and only differs in the type of legal agreements used to permit the heritage house to sit within a road dedication. The Commission=s advice to staff was to support the retention of the heritage building while permitting a flexible siting arrangement within the road allowance, if the financial analysis of the project warranted this approach. As the Commission=s main concern was over the retention of the heritage building, staff did not seek further advice regarding the accompanying legal agreements regarding the road allowance.
The VFK CityPlan Committee
Following approval of the VFK Community Vision in January 2002, area residents formed the CityPlan Committee to work on Vision implementation. One of the Committee's priorities is to promote community awareness of the heritage buildings and special character of Wales Street around the Avalon Dairy. Both the owner and the Heritage Planner attended meetings of the VFK CityPlan Committee which supported retention of the heritage house, if redevelopment of the site proceeds. The Committee's comments were as follows:
"supports the retention of the heritage house - first and foremost, save as much landscaping as possible to maintain the park-like setting, and apply guidelines to new construction that reflect the design of the existing heritage house".
Notification Results
Formal notification of the project occurred in accordance with the provisions set out within the Vancouver Charter. The City notified 101 surrounding property owners and received one written response in opposition to the project. The concerns expressed by the author were:
· The overall site density and use proposed;
· Loss of semi-rural character for the lot;
· Loss of setting for the heritage house;
· Proposed lane configuration.
The proposed Two-Family Dwellings and number of units are necessary incentives to compensate the owner for the loss in market value of retaining the heritage house. The overall site density is less than what could have been achieved on the combined parcels prior to site subdivision. To facilitate a sensitive architectural result for the full site, the HRA would attach design guidelines to the Two-Family Dwellings to achieve an architecturally compatible development with the heritage house and the surrounding community.
With respect to the lane configuration, the proposed T-intersection has been supported by the General Manager of Engineering Services and the Approving Officer and is consistent with the City's standard requirements for a lane in both width and location.
CONCLUSION
The recommended Heritage Revitalization Agreements will secure the long term protection and conservation of the "A"-listed heritage house at 5872 Wales Street and the three specimen trees along East 44th Avenue, adjacent to this development. The right to develop Two-Family Dwellings on the subdivided lots will compensate the owner for the retention and designation of the heritage building. The Vancouver Heritage Commission and the Victoria Fraserview Killarney CityPlan Committee have reviewed the proposal and both support the retention of the heritage house and the compensations proposed. Staff encourages Council's support for the proposal to preserve this valuable heritage resource.
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