Vancouver City Council |
POLICY REPORT
DEVELOPMENT AND BUILDING
Date: February 10, 2004
Author/Local: D. Thomsett/7796
RTS No. 03966
CC File No. 5307
Meeting Date: February 24, 2004
TO:
Vancouver City Council
FROM:
Director of Current Planning
SUBJECT:
CD-1 Rezoning - 3837 Point Grey Road - Jericho Tennis Club
RECOMMENDATION
THAT the application by Greg Borowski, Merrick Architecture, to rezone 3837 Point Grey Road (Parcel A, DL 448, 538 & 6882, Plan LMP35211) from RT-2 to CD-1, to confirm an existing tennis club complex with minor additions and higher tennis bubbles, be referred to a Public Hearing, together with:
(i) plans received August 6, 2003,
(ii) draft CD-1 By-law provisions, generally as presented in Appendix A, and
(iii) the recommendation of the Director of Current Planning to approve, subject to conditions contained in Appendix B;FURTHER THAT the Director of Legal Services be instructed to prepare the necessary CD-1 By-law generally in accordance with Appendix A for consideration at Public Hearing.
GENERAL MANAGER'S COMMENTS
The General Manager of Community Services RECOMMENDS approval of the foregoing.
COUNCIL POLICY
On August 14, 1979 Council resolved that development applications on the north side of Point Grey Road for conditional approval uses or relaxations be reported to Council.
PURPOSE AND SUMMARY
This report assesses an application to rezone the Jericho Tennis Club site from RT-2 Two-Family Dwelling District to CD-1 Comprehensive Development District. The CD-1 By-law would confirm the existing land use and building and would permit minor expansions and replacement of existing tennis bubbles with higher bubbles.
The pursuit of rezoning to CD-1 by the tennis club was a condition of development permit approval for the current clubhouse building in 1997, as the approval was considered to be at the limit of what could be approved for a Club under the conditional approval use section of the RT-2 District Schedule.
Staff believe the proposed minor expansions and the adjustment to the tennis bubble height are reasonable and would have limited impacts on affected neighbours, and therefore recommend the application be referred to a Public Hearing and be approved.
DISCUSSION
Use: The RT-2 District Schedule conditionally permits: "Club, provided that no commercial activities are carried on and the use does not adversely impact adjacent residential premises." Both the Jericho Tennis Club and the adjacent Jericho Yacht Club on the RT-2 zoned site to the east have been approved under this use term for many years. Since the surrounding context is not changing, continuation of this use under a CD-1 By-law is consideredappropriate and preferable to the current residential zoning.
Density: The RT-2 District Schedule permits a density of 0.60 floor space ratio (FSR) for all uses except multiple dwellings in which case the maximum FSR is 0.75. Multiple dwellings are conditionally permitted on larger sites with a minimum site area of 668 m² (7,191 sq. ft.) which would apply to this site.
The existing and proposed density is:
Existing
Proposed
Permanent Structures
0.245
0.281
Seasonal Bubbles
0.315
0.329
Total
0.560
0.610
Staff support the slight (0.01 FSR) increase in overall density from that permitted for this use under RT-2, noting that more than this amount is represented by the seasonal bubbles that will be removed during the warmer months. Significantly more density (0.14 FSR) over the proposed density could be approved for a multiple dwelling project.
Form of Development: For any site zoned CD-1, Council must approve the form of development before a development permit can be issued. In this case, Council would approve the existing tennis club building in accordance with development permits issued in 1997 and 2002, along with proposed expansions and higher seasonal tennis bubbles, as follows (Note: Detailed descriptions of each element are outlined in Appendix C, and Plans are illustrated in Appendix D):
1. Locker Expansion
A locker area expansion area would be partially below grade at the northeasterly part of the site (below the present practice courts and lawn area) and responds to a waiting list of current members wanting a locker. Given the new lockers would serve existing members, this addition is supported.
2. Bubble Storage Area
An underground storage enclosure for folded tennis bubbles would be located in a landscape triangle at the southeast corner of the site, and covered to appear as a .9 m (3 ft.) high sod berm. Given the low-profile and landscape treatment of the structure and the benefit of regaining parking spaces where the bubbles are presently stored, this structure is supported.
3. Seasonal Deck Enclosures
Areas of the existing terraces would be enclosed with fabric aprons for seasonal viewing through transparent walls into the north ends of both tennis bubbles. Given the viewing terraces already exist, and the coverings would provide weather protection for viewing when the bubbles are in place, these enclosures are supported by staff.
4. Seasonal Tennis Bubbles
Currently there are two seasonal tennis bubbles that are permitted to be erected between October 1 to April 30 of each year on a time-limited, renewable development permit that expires on April 30, 2012. The applicant proposes that the seasonal bubbles be given permanent status. The rationale for the time-limited approach was a hope that a permanent below-grade solution would eventually be found as an alternative to the industrial-looking bubbles in this sensitive waterfront location. However, any solution involving a permanent roofed and depressed structure is very expensive and near impossible to construct due to the location of underground parking under the westerly tennis court and north/south servicing conduits. Furthermore, some neighbouring residents have expressed a preference for bubbles that are removed for half the year over permanent structures.
The bubbles are ageing and need to be replaced within five years. The current bubbles are 9.1 m (30 ft.) and 9.8 m (32 ft.) high. The replacement bubbles would be 11.0 m (36 ft.) high with steeper sidewalls. This reflects the current bubble standard for covered tennis play. The applicant advises that the steeper form provides better clearance along the sidelines as well as for vertical ball flight. It also provides better stability under high wind and snow conditions and is more energy efficient because it is easier on the air pressurizing equipment and provides improved insulation. The new bubbles would also reduce light leakage and have an improved appearance due to better materials and colours. Allowance has been made in the area calculations for the bubbles to accommodate possible reconstruction of the in-ground structural supporting tracks to which the bubbles are fastened.
There are primarily four one-family dwellings located with direct views across the tennis club site. For these residents, the present bubbles block angled views across the site from the lower storey. Typically, these residences are two storey, with one three-storey residence directly opposite the club. Views from these residences directly across from the bubbles will be affected to varying degrees. The applicant advises that the increase in bubble height represents an approximately 10-20% horizontal band of the available view plane experienced from these residences and falls generally close to the horizon line from the second floor levels. In some cases, this may affect the oblique view/glimpse to the water, or the North Shore mountains. The applicant further advises that there are approximately seven residences that may be affected by the higher bubbles, but with a minimal change in theamount of view they have currently.
The applicant has explained that it is technically possible to replicate the current bubbles with flatter bubbles of the same height, but this is not optimal for the reasons outlined above.
Staff have reviewed the view analysis submitted by the applicant and concur that the amount of view loss would be minimal. Given that the proposed bubbles meet the current tennis bubble standard for tennis play, would be more stable in wind or snow conditions, would be more energy efficient and would be of higher quality of materials and colour than the present bubbles, staff support the higher height and the request for permanency, on a seasonal basis.
Council may wish to consider, after hearing delegations at the Public Hearing, amending the draft CD-1 by-law to reduce the maximum permitted height for air-supported structures to reflect the height of the current bubbles.Tennis Court Lighting: The applicant is requesting that newly-installed exterior lighting over the central courts #1 and #2 be seasonally permitted on a permanent basis (i.e., not require annual renewal).
In 2002, staff received complaints from residents about new lighting over the central courts #1 and #2 (see illustration: Appendix D, page 1). The residents were concerned that the lighting was overly brilliant and left on late at night. While the lighting had been approved under an electrical permit, staff encouraged the club to submit a development application to deal with the residents' concerns.
A development permit was issued which requires the lighting to be oriented away from the street. All existing and new lighting may be operational only between the months of May through September and must be switched off no later than 11:00 p.m. (note: existing lighting includes westerly courts #9, #10, #11 and #12). The development permit was issued for a limited period expiring on September 30, 2004, after which it can be renewed if staff are confident the conditions are being met and the neighbours are satisfied. After one or two renewals, staff may grant a permanent development permit. The applicant advises that timers have now been installed on all outdoor court lighting.
Staff believe the lighting issue should be dealt with separately from the rezoning and recommend a condition for Council adoption that continues to give the Director of Planning discretion to authorize further temporary time periods or permanent status.
Public Input: A full description of the neighbourhood consultation process carried out both by the applicant prior to application submission, and by staff after application submission is outlined in Appendix C. Staff recognize there are some concerns about the extra bubbleheight from residents immediately across the street, some mistrust about the tennis club's potential future impact on the neighbourhood and general concerns about traffic and parking generation from the institutions on the north side of Point Grey Road. However, three separate open houses were lightly attended and the correspondence received was limited. Thus far, the matter has not generated significant controversy that has been brought to the attention of the City.
CONCLUSION
Planning staff conclude that CD-1 zoning with a Council approved form of development is a more appropriate zoning tool for this redeveloped site than retention of RT-2 residential zoning. Staff further conclude that the proposed minor expansions and new higher and permanent seasonal tennis bubbles will have a tolerable affect on immediate neighbours and a minor impact on other neighbours, and therefore recommend the application be referred to a Public Hearing and be approved. Staff do not support the applicant's request for permanent seasonal tennis court lighting at this time.
- - - - -
APPENDIX A
DRAFT CD-1 BY-LAW PROVISIONS
Note: A By-law will be prepared generally in accordance with the provisions listed below, subject to change and refinement prior to posting.
Use
· Club, limited to a tennis club.
· Ancillary uses customarily ancillary to Club.Density
· Maximum floor space ratio of 0.29 for permanent structures and 0.33 for seasonal, air-supported structures.
Condition of Use
· Seasonal, air-supported structures may be erected only between October 1 through April 30 each year.
Height
· A maximum of 9.2 m (30.2 ft.) for permanent structures, and 11 m (36.1 ft.) for seasonal, air-supported structures.
Parking
· Per Parking By-law, except that a minimum of 124 off-street parking spaces must be provided of which 107 must be under ground.
· The relaxation and exemption provisions of the Parking By-law shall be available.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 permitted by development permit numbers DE402280 and DE406291, and drawings prepared by Greg Borowski, Architect, and stamped "Received City Planning Department", August 6, 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:
(i) design development to provide detailed plans, sections and elevations for the proposed tennis bubbles and storage area, locker room expansion and terrace enclosures.
Note to applicant: colour options for the tennis bubbles should be provided.
(ii) design development to provide a detailed landscape plan, showing any changes to existing site conditions, including treatment of the berm over the proposed bubble storage area.
(c) That the re-issuance of development permit No. DE407105 for the tennis court lighting which expires on September 30, 2004 be at the discretion of the Director of Planning who will take into account the affects on the nearby residents and will determine whether further temporary time periods, or permanent approval, is appropriate.
(d) That, prior to enactment of the CD-1 By-law, the registered owner shall:
(i) provide clarification of charges on title. A summary of charges should be provided.
(ii) make arrangements to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services for provision of curb, gutter, pavement to the centre line and street trees on Point Grey Road adjacent the site.
(iii) make arrangements to the satisfaction of the General Manager of Engineering Services for undergrounding of any new hydro, telephone or cable services required for this rezoning.
APPENDIX C
ADDITIONAL INFORMATION
Site, Surrounding Zoning and Development This 13 057 m² (140,544 sq. ft.) site is comprised of one parcel on the north side of Point Grey Road. The site has a width of approximately 112 m (366 ft.) and a depth of approximately 119 m (391 ft.). To the east is the RT-2 zoned Royal Vancouver Yacht Club. A portion of the City park to the east of that is zoned CD-1 and contains underground parking to service the yacht club. To the west is the RS-1 zoned Brock House which provides services for seniors. To the south is an RS-1 zoned one-family dwelling district. To the southwest are three CD-1 zoned townhouse developments.
Existing and Proposed Development The existing development as built under development permit No. DE402280 issued in 1997 for the construction of a clubhouse, reconfigured tennis courts, underground parking for 107 vehicles and surface parking for 17 vehicles. Development permit No. DE406291 was issued in 2002 for a basement addition and an open trellis structure. Proposed development includes:
· Locker Expansion
This area would be partially below grade at the northeasterly part of the site (below the present practice courts and lawn area). There are currently 321 men's lockers and 206 women's lockers for an adult membership of 1950 people. The expansion would provide approximately 79 additional lockers for men and approximately 169 additional lockers for women. The total number of existing and additional lockers would be about 775. The purpose of the additional lockers is to respond to a current waiting list of about 86 men and 135 women.
· Bubble Storage Area
This structure would be located in a landscape triangle at the southeast corner of the site. Proposed, is a small underground storage enclosure for holding the folded tennis bubble fabric when the bubbles are dismantled. The enclosure would be landscaped over and treated to appear as a low berm. The maximum grade would be .9 m (3 ft.) above the existing grade and approximately 1.2 m (4 ft.) above the average grade on the sidewalk along Point Grey Road. The relocation would free up three parking stalls currently used for this purpose.
· Seasonal Deck Enclosures
Areas of the existing south facing terraces adjacent to the west and central courts would be enclosed for use when the tennis bubbles are erected. The purpose would be to provide for seasonal viewing areas into the north ends of both tennis bubbles from the existing GamesRoom Terrace and Lounge Terrace. At the time the bubbles are erected, a fabric apron would be put in place from each bubble and connected to the building. Tennis viewing would be through transparent walls in the ends of the bubbles. The fabric aprons would not be pressurized.
· Seasonal Tennis Bubbles
Currently there are two seasonal tennis bubbles that are permitted on a time-limited development permit to be erected between October 1st to April 30th of each year, expiring on April 30, 2012. The club is seeking a change in height for the bubbles and permanent seasonal status.
The bubbles are ageing and need to be replaced within five years. The current bubbles are 9.1 m (30 ft.) and 9.8 m (32 ft.) high. The replacement bubbles would be 11.0 m (36 ft.) high with steeper sidewalls. This reflects the current bubble standard for covered tennis play. Allowance has been made in the area calculations for the bubbles to accommodate possible reconstruction of the in-ground structural supporting tracks to which the bubbles are fastened.
Public Input In June, 2003, prior to the submission of the rezoning application, the applicant held two open houses to explain the proposed changes. Ten people attended the first open house, and six people attended the second. Twelve people indicated support and appreciation for the new club facility. There were some concerns raised about bubble heights, traffic and parking, lighting, height of the bermed storage facility (to not interfere with views), and potential for increased club membership.
Following receipt of the rezoning application, staff notified 119 property owners within approximately two blocks of the site. A rezoning information sign was posted on the site. Several phone calls, e-mails and letters were received, and staff decided to host an open house to further explain the proposal and receive comments. The open house was held at Brock House on October 16, 2003. It was attended by 11 people who talked with staff, the applicant and representatives of the tennis club. Sheets with comments were submitted by seven people, two of whom supported the proposal with no further comments. The comments received were centred around general traffic and parking concerns, the increase in bubble height, and a worry that the club may increase membership.
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 prior-to bylaw enactment conditions as shown in Appendix B.
Fire Department Existing driveway to meet Fire Department access requirements (i.e., minimum 6 m wide, hard surface etc.) and to be clearly identified and indicated for responding fire vehicles.
· There are no changes indicated to existing Fire Department response to building.
· Season enclosure areas: terrace off Games Room and Lounge Terrace off Lounge Area are proposed and are accessed from the existing building.
· Locker expansion on ground floor and practice court on second floor are also accessible from existing building.
· All fire protection equipment (i.e., sprinklers, fire alarm devices, etc.) are to be extended into these proposed areas.
· The Fire Safety Plan is also to be updated.Environmental Implications The higher profile replacement tennis bubbles would be more energy efficient than the existing bubbles.
Social Implications There are no social implications to this proposal. There are no implications with respect to the Vancouver Children's Policy or Statement of Children's Entitlements.
Financial Implications There are no financial implications to this proposal of interest to the City.
Comments of the Applicant The applicant has been provided with a copy of this report and has provided the following comments:
"The applicant and Jericho Tennis Club agree with the overall position of this policy report. Although the applicant and Jericho Tennis Club would prefer that seasonal tennis court lighting on courts 1 and 2 be supported by staff on a permanent basis (i.e., not requiring annual renewal), they accept this condition in order to satisfy concerns of both the City and of their neighbours."
APPENDIX D
9 pages of architectural drawings
APPENDIX E
APPLICANT, PROPERTY, AND DEVELOPMENT PROPOSAL INFORMATION
APPLICANT AND PROPERTY INFORMATION
Street Address
3837 Point Grey Road
Legal Description
Parcel A, DL 448, 538 & 6882, Plan LMP35211
Applicant
Greg Borowski, Merrick Architecture
Architect
Greg Borowski, Merrick Architecture
Property Owner
Jericho Tennis Club
Developer
N/A
SITE STATISTICS
GROSS
DEDICATIONS
NET
SITE AREA
13 057 m² (140,544 sq. ft.)
none
13 057 m² (140,544 sq. ft.)
DEVELOPMENT STATISTICS
DEVELOPMENT PERMITTED UNDER EXISTING ZONING
PROPOSED DEVELOPMENT
RECOMMENDED
DEVELOPMENT (if different than proposed)ZONING
RT-2 Two-Family Dwelling
CD-1 Comprehensive Development
USES
One- and Two-Family Dwelling, Multiple Dwelling,
Conditional Approval uses including Club + time-limited winter bubbles and time-limited summer court lighting
Club, limited to a tennis club + permanent winter bubbles and permanent summer court lighting
maintain time-limited summer court lighting
DWELLING UNITS
Depends on Multiple Dwelling Layout
none
MAX. FLOOR SPACE RATIO
0.6 except 0.75 for Multiple Dwelling
0.29 - permanent structures
0.33 - air-support structures
0.62 totalMAXIMUM HEIGHT
9.2 m (30.2 ft.)
9.8 m (32 ft.) - easterly air-support structure9.2 m (30.2 ft.) - permanent structures
11 m (36.1 ft.) - air-support structuresMAX. NO. OF STOREYS
2 plus cellar
N/A
PARKING SPACES
Per Parking By-law
107 underground
17 above groundFRONT YARD SETBACK
7.3 m (24 ft.)
None for the tennis bubbles
Approx. 0.9 m (3 ft.) for the partially below grade bubble storage* * * * *