POLICY REPORT
DEVELOPMENT AND BUILDING

TO:

Vancouver City Council

FROM:

Director of Current Planning

SUBJECT:

CD-1 Text Amendment - 325 West 59th Avenue

 

RECOMMENDATION

GENERAL MANAGER'S COMMENTS

COUNCIL POLICY

There are no Council Policies specific to this site.

PURPOSE AND SUMMARY

This report assesses an application to amend the CD-1 By-law for 325 West 59th Avenue to permit a 43 unit market multiple dwelling development in a townhouse form. The CD-1 By-law currently permits a seniors care facility at 1.0 FSR and height of 12.8 m (42 ft.) that was never built.

The application requests the same density and height. The development would retain and enhance an historical dry stream bed as a landscape feature and the applicant is offering a voluntary amenity contribution to provide off-site improvements to the public pathway along the site's north edge and for noise reduction from the Langara Golf Course service yard.

The surrounding community is generally supportive of the application. There is no general policy contrary to changing the permitted use from a seniors care facility to multiple dwellings, and there is no rezoning policy specific to this site. The Director of Current planning recommends the application be referred to a Public Hearing and be approved.


DISCUSSION

Background: The site was previously developed and occupied under RS-1 zoning by the South Pines Private Hospital in a small concrete block building that remains on the site in vacant, run down condition. In 1996, the site was rezoned to permit a market Special Needs Residential Facility - Community Care - Class B (a seniors care facility) containing amaximum of 80 beds. Maximum permitted floor space ratio (FSR) is 1.0 and maximum height is 12.6 m (42 ft.). The form of development, approved by Council in principle, would have resulted in removal of almost all the existing trees as well as building over the historical dry stream bed at the southwest corner of the site. The project was never built - apparently because of changing market conditions.

Use: There is no specific land use policy guidance for this neighbourhood located south of the Langara Golf Course between Cambie and Ontario Streets.

The area to the west of this neighbourhood is covered by the Oakridge Langara Policy Statement, adopted by Council in 1995. The Policy Statement identifies sites appropriate for rezoning for multiple dwellings ranging from townhouse forms in locations adjacent to RS-1 areas (e.g., east side of Cambie Street at West 45th Avenue), and apartment forms in locations that are more remote from RS-1 areas (e.g., east side of Oak Street just north of West 41st Avenue). It also identifies particular large sites as being suitable for multiple dwellings (e.g., the former Oakherst Private Hospital site on the east side of Oak Street at West 59th Avenue).

The area to the east of the subject neighbourhood is included in the Sunset Community Vision, adopted by Council in 2002. Specific rezoning policies have yet to be determined for the Vision area. There are no plans to carry out a Community Vision in the subject neighbourhood between Cambie and Ontario Streets.

There is no Council policy stating that it is imperative to create or maintain development opportunities for market seniors care facilities.

The 1986 CD-1 zoned Springs at Langara to the south is a large-scale multiple dwelling development combining townhouse and apartment forms which was well received in the neighbourhood when it was built. To the south of that is a 14.85 m (48.7 ft.) high 225 bed seniors care facility.

Given the policy vacuum for this site, but the existence of both seniors care facilities and multiple dwellings in the neighbourhood and the directions set by the rezoning policies in the adjacent Oakridge Langara area, staff conclude that this site would be appropriately developed with either the currently-permitted use or multiple dwelling use.

Density: The application proposes the same density, 1.0 FSR, as is already permitted under the CD-1 for the seniors care facility use. While 1.0 FSR works for a care facility with large floor plates, this amount of density is tight for a ground-oriented townhouse project, noting that existing older multiple dwelling developments in the vicinity, including the Springs at Langara, are built to 0.75 FSR. However, current trends established in the Oakridge Langara Policy Statement for multiple dwelling sites next to RS-1 districts is for densities of 0.8 to1.0 FSR, and there are successful examples of townhouse forms at 1.0 FSR nearby on Cambie Street at West 45th Avenue and on Ash Street just south of West 45th Avenue

The applicant has worked with the 1.0 FSR density and created a site plan and building forms that achieve liveability while maintaining the dry creekbed feature at the southwest corner. Given the current trend for townhouse development at 0.8 to 1.0 FSR, and the successful site plan, staff support maintaining the density at 1.0 FSR.

Height: The application proposes to maintain the permitted height at 12.8 m (42 ft.). While this is higher than the more typical 11 m (35 ft.) for a townhouse form, the form of development proposes large steep pitched roofs which are supported by staff and require the extra height. Furthermore, the apartment building elements at the Springs at Langara across from the westerly part of the site is built to this same height, albeit in a full four-storey flat-roofed form.

Form of Development: The project consists of 43 family-oriented townhouses in a rowhouse format. Along West 59th Avenue, the buildings are designed to create the impression of three large one-family dwellings. The Urban Design Panel is generally supportive of the proposed form of development, including the internal layout of the units. A full description of the form of development is outlined in Appendix C, and plans are shown in Appendix D.

Stream Bed Landscape Feature: At one time a stream crossed the southwest corner of the site and carried down to the Fraser River. A portion of this stream still runs on the surface through the lower end of the golf course, just northwest of the site. While the stream is curved away at the West 58th Avenue Right-of-Way, the dry stream bed at the southwest corner of the site remains as a depressed grass swale terminating in a concrete drain pipe at West 59th Avenue. The retention and enhancement of the stream bed to serve as a reminder of the waterways that originally crossed this area is considered to be a public benefit.

The originally-submitted site layout proposed building over the stream bed. With staff's encouragement, the plans were subsequently altered to maintain the southwest corner of the site in an open state. The application now proposes to reinforce the historic stream bed by using large boulders and adding new native plantings. Two existing trees would be retained. At the south edge adjacent to the sidewalk is a proposed seating area which will form part of the City's proposed West 59th Avenue Greenway improvements. To further enhance the greenway, the sidewalk is proposed to be extended west beyond the property line to provide a crossing to Winona Park to the south.

Existing Trees: The site contains a large inventory of mature trees, and the possibility of considerable tree retention was an objective that staff asked the applicant to consider at the rezoning inquiry stage. Staff would note, however, that the current CD-1 zoning for a care facility, if pursued, would result in almost all the trees being removed.

An arborist's report was submitted with the application and reviewed by the City's Landscape staff who agreed with it's findings that most of the trees are in poor to moderate condition and, because of their species, many pose hazard risks to a multiple dwelling development. The report concluded that trees located along the north and northwest property line offer the best tree retention opportunities. A summary of the report's findings is outlined in Appendix C.

When the application was first submitted, the site plan showed a number of trees intended to be retained at the north end of the site, between the townhouses and the property line. However, following a site visit by Development Planning staff, Landscape staff, the project arborist and the project architect, it was observed that the trees at the north end of the site were in generally poor condition and at the end of their life. It was agreed that a preferable approach would be to remove the existing trees south of the property line and to design and implement a new planting scheme using native plant materials along this frontage. This new planting scheme would also provide for a greater level of security for the pathway with "window" views provided from the units to the pathway. The current landscape plan shows a minimum of 53 new replacement trees for this area of the project, or a replacement of two new trees for each tree removed.

Public Pathway Around the Golf Course: Currently, the public pathway in this location within the unopened West 58th Avenue Right-of-Way travels through an area of dense underbrush. Proposed, at the applicant's expense, is to thin out the underbrush and provide new native planting to create a smooth transition between the pathway and the development's landscape. This planting will be extended to the north side of the public pathway to the edge of the golf course service yard. Thinning the underbrush will provide visibility from and to the townhouses along this edge. The fence along the north side of the development site will be split rail to allow for a more permeable edge and to be in keeping with the split-rail fencing used around the golf course.

Public Input: Prior to the submission of the application, the proponents held a neighbourhood open house attended by 37 members of the public who were generally supportive of the proposal and felt that it would fit in well with the existing neighbourhood. Typical minor issues raised centered around parking, traffic and retention of existing landscape. After submission of the application, staff received several letters and phone calls generally in support, but with some concerns about traffic and a desire to have all of the trees retained. A full description of public input is outlined in Appendix C.

Community Amenity Contribution: On January 28, 1999, Council approved an Interim City-wide CAC Policy which applies to private rezoning applications in most areas of the city to provide funds for the additional community facilities needed for new residents. CACs are based on the increase in permitted density on the site.

The CD-1 By-law already permits 1.0 FSR. As no increase in density is proposed, no CAC is payable.

The applicant is, however, proposing a voluntary amenity contribution to provide for the following off-site elements that will be to the advantage of the users of the public pathway, the local neighbourhood and the future residents of the development, including:

· upgrading of the public pathway within the West 58th Avenue Right-of-Way, including thinning the underbrush and planting new native plant material;

· an approximate 3 m (10 ft.) high acoustical barrier at the golf course service yard to shield the area from noise, particularly early morning noise from lawn mowers;

· relocation of the doors of the service yard building from its south side to its north side;

· relocation of the current gravel dump site at the north end of Columbia Street to the golf course service yard, with the vacated area to be integrated into the public pathway through quality landscaping; and

· extending the sidewalk along West 59th Avenue west from the site to provide pedestrian access to Winona Park.

Staff recommend that agreements be required prior to enactment of the rezoning to ensure these projects will be implemented.

CONCLUSION

Planning staff conclude that the application to amend the CD-1 By-law to replace the permitted seniors care facility use with multiple dwelling use, at the same density and height, is supported. While there is no rezoning policy specific to this site, there is also no policy to retain opportunities for market seniors care facilities over market multiple dwellings. The applicant has also amended the plans to retain and enhance an historical dry stream bed as a landscape feature to be enjoyed by the public as well as offering a voluntary amenity

contribution for improvements to the public pathway along the site's north edge, for noise reduction from the golf course service yard and to extend a sidewalk to access a local park. Neighbourhood residents are generally supportive of the proposal.

The Director of Current Planning recommends that the application be referred to a Public Hearing and approved, subject to proposed conditions of approval presented in Appendix B.


- - - - -

APPENDIX A

DRAFT AMENDMENTS TO CD-1 BY-LAW NO. 7522

Note: A By-law will be prepared generally in accordance with the provisions listed below, subject to change and refinement prior to posting.

The following sections are amended, deleted or added as follows:

Use

Floor Space Ratio

Setbacks

Off-Street Parking and Loading

The language of the By-laws will also be updated.

APPENDIX B

PROPOSED CONDITIONS OF APPROVAL

Note: Recommended approved conditions will be prepared generally in accordance with the draft conditions listed below, subject to change and refinement prior to finalization of the agenda for the Public Hearing.

(a) That the proposed form of development be approved by Council in principle, generally as prepared by Dale Staples, Architect, and stamped "Received City Planning Department" October 17, 2003 and November 13, 2003, 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:

(ii) Enter into an agreement to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services in consultation with the Director of Planning and the General Manager of Parks and Recreation for the upgrading of the public pathway within the West 58th Avenue Right-of-Way, including thinning the underbrush and planting new native plant material;*

(iii) Enter into an agreement to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services in consultation with the Director of Planning and the General Manager of Parks and Recreation that, if it is determined at the development application stage that a fire lane must be provided from Columbia Street to the west along the West 58th Avenue Right-of-Way, the applicant shall prepare a detailed design plan for and physical modifications to the West 58th Avenue Right-of-Way that includes modifications to the pedestrian pathway such that it can act as a fire truck access route and be maintained as an aesthetic recreational trail;

(iv) Enter into agreements to the satisfaction of the General Manager of Parks and Recreation and the Director of Legal Services in consultation with the Director of Planing for the provision of the following:

    1) acoustical measures at the Langara Golf Course service yard that include, but are not limited to the construction of an acoustic wall along the property line south of the service yard, and modifications to the service yard building which would provide access to the golf course from the northern side of the building;* and

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 Legal Services 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 provision of all the foregoing in this subsection (c) shall be at no cost to the City.

APPENDIX C

ADDITIONAL INFORMATION

Site, Surrounding Zoning and Development: This 5 683 m² (61,173 sq. ft.) site is comprised of a single parcel on the north side of West 59th Avenue. The site has a frontage of 72 m (237 ft.) and a depth of 79 m (258 ft.). Presently the site is developed with the old South Pines Private Hospital building that has been vacant and run down for several years. At the southwest corner, is a dry creekbed depression follows the path of a stream that originally traversed this area and still flows above ground through the lower end of the Langara Golf Course. Much of the site is covered with mature cottonwood and other trees, may of which are considered dangerous or in poor condition. The site slopes from north to south about 6.1 m (21 ft.).

Columbia Street flanks the site to the east. Along the northern boundary of the site is the West 58th Avenue Right-of-Way that is used in this location as part of a rustic public pathway that encircles Langara Golf Course. To the south of the site is the CD-1 zoned "Springs at Langara" multiple dwelling development on a site about two city blocks in size. The easterly two-thirds of that site is developed with two-storey townhouses, and the westerly one-third is developed with four-storey apartment buildings.

The remainder of the surrounding lands are zoned RS-1. To the west is the one-storey Amherst Hospital and Nursing Home, with one-family dwellings to the west of that. To the southwest is Winona Park comprised of playing fields. To the north, across the public pathway, is the Langara Golf Course service yard. To the east, across Columbia Street (which is paved but closed off to all but service yard traffic), is bushland followed by the Sexmith Elementary school playground. To the southeast are one-family dwellings.

Form of Development: Proposed, are 43 three-storey, 3-4 bedroom, family-oriented, market townhouses with 86 parking spaces in one underground level accessed from Columbia street. Proposed density is 1.0 FSR, and height is 12.8 m (42 ft.), both elements being the same as permitted for a care facility under the current CD-1 By-law.

Along the West 59th Avenue and Columbia Street frontages, each townhouse unit has a front door facing the street in keeping with the pattern of one-family dwellings in the neighbourhood. The majority of the units have both a front semi-private space and a rear private space. Along West 59th Avenue, the project has been designed to create the impression of three large one-family dwellings. The space between these three buildings opens into two north/south courtyards within the site. An east/west courtyard at the north end of the site is accessed from the westerly north/south courtyard, the main pedestrian entrance, and from Columbia street. The interior townhouses are treated like "terraced style mews".

Steep roofed forms are used to reduce the scale of the building and reinforce a traditional character. The upper floors have been designed as dormer elements within a larger roof, effectively creating a two-storey eave line. This feature is important for the interior courtyards to maximize the light reaching the entrances and private yards.

Arborist's Report: An arborist's report was submitted with the application and reviewed by the City's landscape staff who agree with it's findings which are generally as follows:

· The majority of the trees in the centre of the site are in poor to moderate condition, with no outstanding specimen or unique trees.

· All the cottonwood and tall growing tree species in the centre of the site were topped many years ago, resulting in multiple leader growth and poor tree taper. These trees are not recommended for retention.

· The neighbouring property to the west contain pine trees near the property line and specifications are required to ensure these trees are not impacted by the proposed development.

· The very large cottonwood and red alder trees on the west side of the Columbia Street Right-of-Way are not recommended for retention because of the hazard risks associated with the tree species.

· Trees located along the north and northwest property line offer the best tree retention opportunities.

Public Input: On June 25, 2003, prior to the submission of the application, the proponents held a neighbourhood open house in the library at Sexmith Elementary School. Notices were sent by the applicant to 375 surrounding property owners. The sign in sheets indicated the open house was attended by 37 members of the public. A number of the attendees live in the Springs at Langara development to the south. The majority of the attendees liked the overall design of the project and felt that it would fit in well with the existing neighbourhood. Typical minor issues raised centered around parking, traffic and retention of existing landscape. On July 16th, the applicant team met with the Strata Council of the Springs at Langara and the owner's representative from Amherst Private Hospital to explain design and process updates.

Upon receipt of the rezoning application, a notification letter was sent by staff on July 31, 2003 to 376 nearby property owners, and a rezoning information sign was posted on the site by the applicant on July 24, 2003. Five phone calls were received from residents at the Springs at Langara concerned about the loss of trees. Two letters of support were received, one from the president on behalf of the strata council for the Springs at Langara, and the other from the Administrator of Cedarhurst Private Hospital Ltd. who own the Amherst Hospital. Two letters from residents at the Springs at Langara expressing opposition were received, one resident concerned about perceived traffic congestion on West 59th Avenue and an oversupply of apartments in this area and the other resident stating a preference for one-family dwellings or park on the site.

Comments of the General Manager of Engineering Services: The General Manager of Engineering Services has no objection to the proposed rezoning, provided that the applicant complies with conditions as shown in Appendix B.

Park Board Comments: "There are two important features that need to be preserved if the development site is rezoned for residential uses. First is to ensure that the Langara Golf Course service yard, which is located immediately north of the development site, does not become a noise nuisance to the residents who would be living in the new development. Second is to maintain the continuity and natural character of the popular public pathway around the perimeter of Langara Golf Course. Park Board staff have prepared rezoning conditions to meet both of these objectives."

Fire Department Comments: "If the fire lane from West 58th Avenue was not constructed, VFRS would ONLY support the subject Rezoning Application if rear Units A&D (22 in total) were sprinklered to NFPA 13. This would mean that ALL concealed and attic spaces are fully sprinklered in these townhouse Units. The reason for this is that the proposed `fire lane' from West 59th Avenue would not be used by the fire department for operational reasons and as such the distance to the rear units wold provide challenges for fire department access/response.

In addition, as a condition of the Rezoning By-law, `Provisions should be made for the installation of a city fire hydrant on the north west corner of West 59th & Columbia Street to the satisfaction of the City Engineer'."

(Note: the initial site plan proposed a fire lane along the public path within the West 58th Avenue Right-of-Way accessed from Columbia Street. The Planning Department encouraged the applicant to retain and enhance the dry stream bed at the south west corner and to relocate the fire lane away from the public path if possible. The now-proposed fire lane runs along the alignment of the currently-existing driveway within the south west part of the site and is entered from West 59th Avenue. The Fire Department's comments refer to the currently-proposed and previously-proposed fire lanes.)

Public Benefit: While the proposal does not offer a Council recognized public benefit, it does offer, through a voluntary CAC, improvements to the public walking path, relocation of a gravel storage area, and a sound barrier and relocation of doors to shield noise of the service yard from the neighbourhood. Retention and enhancement of the dry creek bed retains a historical reference to the past.

Urban Design Panel Comment: The Urban Design Panel reviewed this proposal on October 29, 2003 and supported the proposed use, density and form of development and offered the following comments:

"The Panel strongly supported this application.

The Panel was very pleased to see this project taking advantage of the old dry stream bed on the site. However, several Panel members thought the enhancement of this feature could have instructed more of the layout of the scheme itself, rather than isolating it at the corner of the site.

Although the Panel supported 1.0 FSR for this site, there were concerns that the project looks very dense and "tight", in part due to the rigidity of the site plan. Several suggestions were made to loosen it up, including possibly deleting a unit to free up more space, and re-thinking the circulation patterns around the site. Thought should be given to how the residents will get in and out of their units and around and through the site. In particular, the space between the northerly units (along the edge of the golf course) and the north-south rows seems tight. Access to the children's play area should also be given careful consideration, and to ensure it is in a sunny location.

The rigorous site plan may also be the result of providing twice the required number of parking spaces in the underground parking area, which tends to dictate the site layout. Several Panel members questioned the provision of so much parking and there were suggestions to consider opportunities for using parking spaces for other functions as well. The introduction of natural light into the parkade was recommended, and to reconsider the location of the parking ramp between two townhouses.

While the site plan suggests a path through the north end units to the golf course walkway it does not carry through. It was suggested that this should be a real connection, or delete it.

Several Panel members had concerns about the architectural expression of this project. In general, the Panel is not in favour of "pseudo heritage" and was disappointed that the applicant had not chosen a more modern expression that takes advantage of this unique site.

With respect to the Columbia Street improvements, a recommendation was made to handle the street end a little more sensitively than a hammerhead.

With respect to the density, one Panel member, while supporting 1.0 FSR as being quite livable for this site, felt the scheme was very dense for the amount of public benefit it offers. It was suggested that an option that might be negotiated with the City would be for some of the units to be designated as realistically affordable.

The Panel considered the unit plans to be excellent."

Environmental Health Comments: "The City's acoustical criterial shall form part of the Zoning By-law, and an Acoustical Consultant's report shall be required which assesses noise impacts on the site and recommends noise mitigating measures.

The Noise By-law does not require amendment."

Environmental Implications: The proposed text amendment neither contributes to nor detracts from the objective of reducing atmospheric pollution.

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.

Comments of the Applicant: The applicant has been provided with a copy of this report and has provided the following comments:

"This memo is to confirm that we have reviewed your draft report dated November 24, 2003 and find it to be generally consistent with the Architectural and Landscape documents and discussions to date."

APPENDIX D

Total 9 Pages of Plans will be submitted under "pdf" file.

APPENDIX E

APPLICANT, PROPERTY, AND DEVELOPMENT PROPOSAL INFORMATION

APPLICANT AND PROPERTY INFORMATION

Street Address

325 West 59th Avenue

Legal Description

Lot B, Block 1006, Plan 9413, DL 526, Group 1, NWD

Applicant

Dale Staples, Integra Architecture

Architect

Dale Staples, Integra Architecture

Property Owner

Southpines Homes Ltd.

Developer

Greg Morfitt, Langara Development Corp.

SITE STATISTICS

 

GROSS

DEDICATIONS

NET

SITE AREA

5 683.16 m² (61,175 sq. ft.)

N/A

5 683.16 (61,175 sq. ft.)

DEVELOPMENT STATISTICS

 

DEVELOPMENT PERMITTED UNDER EXISTING ZONING

PROPOSED DEVELOPMENT

RECOMMENDED
DEVELOPMENT (if different than proposed)

ZONING

CD-1

CD-1 (amended)

  

USES

Special Needs Residential Facility - Community Care -Class B, Max. 80 beds

Multiple Dwellings

  

DWELLING UNITS

N/A

43

  

MAX. FLOOR SPACE RATIO

1

1

  

MAXIMUM HEIGHT

12.8 m (42 ft.) from base surface

12.8 m (42 ft.) from base surface

  

PARKING SPACES

Parking By-law

1 per unit + 1 per 200 m² (2,153 sq. ft.) gross floor area - no more than 2 per unit required

  
       

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