Vancouver City Council |
CITY OF VANCOUVER POLICY REPORT
|
|
Date: |
January 2, 2004 | |
Author: |
Rob Whitlock | |
Phone No.: |
7432 | |
RTS No.: |
03548 | |
CC File No.: |
113/4661 | |
Meeting Date: |
January 27, 2004 |
TO: |
Vancouver City Council |
FROM: |
Director of the Housing Centre and the Director of Social Planning, in consultation with the Director of Current Planning and the Director of Legal Services |
SUBJECT: |
Zoning and Development By-law: Changes to Facilitate Seniors Housing |
RECOMMENDATION
A. THAT the Director of Current Planning be instructed to make application to amend the text of the Zoning and Development By-law and various other by-laws and guidelines, to reflect changes related to seniors housing generally as outlined in Appendix A, and that the application be referred to Public Hearing; and
FURTHER THAT the Director of Legal Services be instructed to prepare the necessary by-laws, generally in accordance with Appendix A for consideration at the Public Hearing.
B. THAT, subject to approval of the by-law to amend the Zoning and Development By-law, the by-law be accompanied at the time of enactment by amending:
1. the Parking By-law to incorporate the new use term, generally as outlined in Appendix A; and
2. the Congregate Housing for Seniors Guidelines generally as outlined in Appendix A.
FURTHER THAT the Director of Legal Services be instructed to prepare the necessary by-law to amend the Parking By-law at the time of enactment of the by-law to amend the Zoning and Development By-law, generally in accordance with Appendix A.
GENERAL MANAGER'S COMMENTS
The General Manager of Community Services RECOMMENDS approval of A and B.
COUNCIL POLICY
The Zoning and Development By-law defines congregate housing as follows:
"Special Needs Residential Facility - Congregate Housing, a building containing residential units specifically to accommodate seniors as they age, with separate common areas for dining and socializing, and where support services are provided."
Council's housing priorities are to maintain and expand housing opportunities in Vancouver for low and modest income households with priority being given to families with children; seniors on fixed incomes or in need of support; SRO residents; and the mentally ill, physically disabled, and others at risk of homelessness.
_ Other relevant Council policies include:
_ Congregate Housing for Seniors Guidelines, adopted February 19, 2002;
_ Zoning and Development By-law General Regulations (Section 10.32) and Additional Regulations (Section 11.17) for Congregate Housing for Seniors;
_ CityPlan direction is to increase neighbourhood housing variety throughout the city...and give people the opportunity to stay in their neighbourhoods as their housing needs change...
PURPOSE AND SUMMARY
Development initiatives for seniors= accommodation can be defined under the Zoning and Development By-law as multiple dwellings, or as one of several types of Special Needs Residential Facilities, depending on the nature of the units, the amount and type of amenity spaces, and the levels and types of services that are provided:
_ Multiple Dwelling; or
_ Special Needs Residential Facility - Congregate Housing; or
_ Special Needs Residential Facility - Group Living; or
_ Special Needs Residential Facility - Community Care - Class B (licensed under the Community Care Facility Act).
The definitions for these uses are included in Appendix B.
Programs to deliver seniors housing and methods of providing support and care for seniors have changed significantly in the past decade, with the result that some By-law definitions need to be up-dated and repositioned to better reflect current practice. In particular, staff recommend that seniors' congregate housing be moved out of the Institutional Uses category and replaced with a new use term, Seniors Supportive or Assisted Housing, in the Dwelling Uses category. The new definition would capture the range of supported residential housing forms currently being contemplated for seniors. The other SNRF definitions (SNRF - Community Care and SNRF - Group Living) would be retained as Institutional Uses, as they were originally intended for facilities which provide nursing care, professional rehabilitation/therapy, or other intensive forms of care for anyone who needs this level of care for a short or long term.
BACKGROUND
Overview: Housing for seniors has been a component of public housing policy and programs dating back to the period following World War II, when the Federal Government provided housing funding for returning veterans. In the mid-1980s, an extended type of seniors housing called congregate housing began to develop in North America, providing services such as meals, housekeeping and limited health care. In 1989, a new use term was introduced to the Zoning and Development By-law called ASpecial Needs Residential Facility - Congregate Housing" and included in the Institutional use category. At the time, it was uncertain as to the level of support services that would be provided in these new congregate projects and the institutional-oriented SNRF category seemed appropriate.
Since the mid-1990s, development interest in congregate housing increased significantly. A few projects have occurred within the non-profit sector, but the majority of units have been privately owned and operated. Since then a number of projects have been approved through rezonings and development permits.
One of the first proposals, now built at 333 East Pender Street, came forward from a charitable society. It proposed very small units (about 18.6 m² or 200 ft.5) which led staff to develop guidelines for congregate seniors housing. The guidelines were adopted by City Council in 2002.
Recent Provincial Housing Programs: In 2002, the Province of BC ended its HOMES BC program which provided capital costs and operating subsidies for housing a variety of low-income individuals, seniors and families. A new program was established, AIndependent Living BC" (originally named ASupportive Living BC") to focus on housing for frail seniors. The program is intended to fill the gap between independent living and facilities providing nursing care, by providing housing which offers a range of housekeeping and personal support services. This intermediate seniors housing option is intended to reduce the need for the more expensive institutional care.
The new Independent Living BC (ILBC) program will benefit low- and modest-income seniors because it will provide subsidized and affordable housing, plus support services. Before the introduction of this program, housing projects offering similar types and levels of support were mainly high-end, private-sector projects.
While there are community concerns about the adequacy of the Province=s planning and funding for the shift from facility care toward more residential-type supported housing, and about consumer protection issues in the new forms of supported housing, there is general agreement that supported housing environments for seniors are needed. The new program is aimed at providing a social context which keeps seniors more active, leading to a better outlook, less depression, and in the long run, leading to better overall health.
Details of the ILBC program are contained in Appendix C.
DISCUSSION
Institutional to Residential Shift: Observation of the several congregate projects now operating in the city attests to the benefits seniors experience in a secure residential setting which provides a variety of support services. The ILBC program will make this type of housing accessible to lower income seniors. While this type of housing needs to be designed to accommodate aging and needs to include life safety measures which are appropriate to an older population, it is intended to function as housing.
Staff believe that the Special Needs Residential Facility definitions should continue to apply to residential buildings which provide professional nursing care and various intensive programs for people who are temporarily or permanently incapable of functioning independently, but that this "facility" category does not reflect the intention or the levels/types of support provided in congregate or supported housing for seniors. The provision of home support and personal care services to individual seniors and to seniors' buildings has become a standard approach to maintaining the health and independence of the general population, especially for older people. The development of "supportive" housing projects is another approach to the efficient delivery of these services, and one which is likely to become the "norm" for older people who need some support. Moving supported housing for seniors into a residential category recognizes this trend and the emphasis on residential rather than institutional environments.
Update to Zoning: City staff have struggled recently with the inadequacies of the current zoning definition related to seniors housing. Considerable amounts of processing time have been devoted to differentiating between Ainstitutional uses" and Ahousing with services". As housing for seniors is considered a use acceptable throughout the city, staff recommend that the definition for seniors' housing be updated to allow supportive and assisted living situations to be considered city-wide. City staff have chosen to replace the Province's reference to "independent and assisted living" with "supportive and assisted housing", which is felt to more accurately reflect that the housing comes with support services of one kind or another.
New Definition: The following definition is recommended:
Seniors Supportive or Assisted Housing, which means the use of a building for residential units designed to accommodate seniors as they age including separate common areas for dining and socializing, and the provision of meals, housekeeping and personal care, but does not include a Special Needs Residential Facility - Community Care - Class B.
The congregate housing use would be removed from the general "Institutional" category of uses and the above new seniors' use would be added to the category of "Dwelling Uses".
Use and Regulations: Given the City=s policy for supporting expanded housing opportunities for elderly people on limited incomes and the CityPlan objectives of expanded housing options in neighbourhoods, staff recommend that the new use term be added to all residential and commercial district schedules and Official Development Plans, as a conditional approval use under the same regulations as Multiple Dwelling. In residential zones where Multiple Dwelling is not permitted, the new use will replace SNRF - Congregate Housing. In commercial zones, the new use will be allowed in the same manner as dwelling units in conjunction with other uses, or as a separate use.
This approach is similar to that used for ASpecial Needs Residential Facilities" which are permitted in almost all residential and commercial zones of the city, with development controlled through standard regulations such as floor space ratio (FSR), height, etc., which apply to all other development in the respective zoning district schedule, as well as use and design guidelines. As a conditional approval use, notification of neighbours by on-site signs and notification letters to registered property owners are standard process components. The conditional approval process also ensures a review of development applications under the existing congregate seniors' guidelines (to be renamed) in all districts.
Staff are also recommending that in zoning districts which allow Multiple Dwellings or "dwelling units in conjunction with" other uses, the new use should be given the same considerations and relaxations. This means that in areas of the city where greater floor space ratio (FSR) is extended to multiple dwellings, or dwelling units in conjunction with other uses, projects involving seniors development would qualify for these considerations. For example, in the RM-4 Multiple Dwelling District, the discretionary FSR of 1.45 (0.75 FSR allowed outright) could be considered for Seniors Supportive or Assisted Housing.
Other Zoning Districts: There are other zoning districts where staff further recommend adding the new use term, as follows:
1. Downtown Eastside ODP: presently residential uses are permitted, but SNRF uses are not. Staff recommend that the proposed new use be added as a permitted dwelling use;
2. Chinatown/Gastown: the various HA zones do not list SNRFs as permitted uses but do allow residential uses. A seniors housing use is appropriate for these areas; and
3. CD-1s: a list of CD-1 by-laws which contain the existing congregate use term is included in Appendix A. These CD-1s should be amended to remove SNRF - Congregate Housing and add Seniors Supportive or Assisted Housing. Two sites have been added to this list where the new use term should also be added. Cooper's Place (306 East Cordova) is likely to be a conversion from a Community Care licensed facility to assisted living and staff are anxious to help reduce red tape where possible for the Vancouver Coastal Health Authority. The City is co-sponsoring an ILBC application for Taylor Manor at 951 Boundary Road (City-owned), and the existing CD-1 also needs to be amended.
Guidelines: Staff are recommending that the City's existing Congregate Seniors Housing Guidelines be renamed to "Guidelines for Seniors Supportive and Assisted Housing" and be applied to all applications involving the new use term. An exemption will be set out under the guidelines for those projects funded under ILBC, as these projects will be vetted by BC Housing through its own standards, which meet or exceed the City's standards. City staff review of ILBC will focus on a review of standard residential liveability and neighbourliness which can be achieved through the conditional use status of such uses. The guidelines will also need to be edited throughout for the change in use term.
Office of the Chief Building Official: The Chief Building Official's Office notes that the Province of BC has conducted a preliminary study to examine issues related to independent and assisted living. This study concluded that there is a need to develop building regulations for these uses and a need for a better profile of the residents using these buildings in order to develop the appropriate code requirements.
The Province is hoping to have regulations developed shortly after the New Year. Thus, in order to ensure harmonization between the BC Building Code and the Vancouver Building By-law, the Chief Building Official recommends that the City not develop its own building regulations until the Province has completed their code development process. At that time the City may either adopt the Provincial requirements or propose appropriate amendments to them in order to ensure that they are consistent with current Council mandated policies. In the meantime, the City will continue with the current guidelines. This approach is consistent with Council's direction to harmonize with the BC Building Code where ever possible. The existing congregate seniors' guidelines already contain some life-safety measures in addition to those normally required in multiple dwellings.
SOCIAL IMPLICATIONS
This initiative responds to several housing and planning policies with objectives of adding housing diversity and affordability city-wide, and improving overall access to housing:
_ It facilitates the ILBC program which will directly provide housing and support services for frail seniors on fixed and limited incomes;
_ It encourages the distribution of acceptable housing forms and affordable shelter costs among all residential neighbourhoods of Vancouver; and
_ It gives people the opportunity to stay in their neighbourhoods as their housing needs change.
CONCLUSION
The recommendations contained in this report are intended to reflect the changing model of seniors' housing away from institutional and towards residential models, and clarify and ease processing of projects intended to serve seniors. Both the Director of Social Planning and the Director of the Housing Centre recommend approval of these changes.
* * * * *
APPENDIX A
PAGE 1 OF 2
Recommended Changes to Various By-laws and Guidelines for Seniors' Housing
Zoning and Development By-law
An amending by-law will be prepared generally in accordance with the following:
Section 2: Delete definition for "Special Needs Residential Facility - Congregate Housing" under the general use category Institutional Uses
Insert, under the general use category Dwelling Uses, the following use term:
Seniors Supportive or Assisted Housing, which means the use of a building for residential units designed to accommodate seniors as they age including separate common areas for dining and socializing, and the provision of meals, housekeeping and personal care, but does not include a Special Needs Residential Facility - Community Care - Class B.
Sections 10 and 11: Delete references to "Special Needs Residential Facility - Congregate Housing" and replace with "Seniors Supportive or Assisted Housing".
Standard Zoning District Schedules (All residential, commercial and HA district schedules, plus MC-1 and MC-2): Delete references to "Special Needs Residential Facility - Congregate Housing" and add "Seniors Supportive or Assisted Housing" under the general category of use "Dwelling".
Where "Special Needs Residential Facility - Congregate Housing" is not listed, include the term "Seniors Supportive or Assisted Housing" under the general category of use "Dwelling".
CD-1s
Amend Various CD-1s: Delete references to "Special Needs Residential Facility - Congregate Housing" and add "Seniors Supportive or Assisted Housing" under the general category of use "Dwelling", where noted*, add the new use term":
CD-1 |
By-law No. |
Address |
Project Name |
1 |
3568 |
650 W. 41st Avenue |
Oakridge Shopping Centre |
9 |
3893 |
2001 Cassiar Street |
Beulah Gardens |
13A |
3914 |
2020 Harrison Drive |
Icelandic Care Home |
13B |
3914 |
6475 Elliot |
Clarendon Court |
59 |
4472 |
625 - 951 W. 12th Avenue |
Vancouver General Hospital |
79 |
4634 |
2125 Eddington Drive |
Arbutus Manor |
83 |
4674 |
2803 W. 41st Avenue |
Crofton Manor |
283 |
6953 |
8264 Hudson Street |
Abbeyfield House |
291 |
7091 |
2955 Horley Street |
BC Housing Foundation* |
295 |
7114 |
900 W. 12th Avenue |
Windermere Lodge |
300 |
7158 |
951 Boundary Road |
Taylor Manor* |
314 |
7204 |
3400 Vanness Avenue |
Collingwood Village |
341 |
7461 |
2790 Vine Street |
The O'Keefe |
359 |
7651 |
4492 Arbutus Street |
Hellenic Community of Vanc. |
360 |
7655 |
2855 Sophia Street |
Cavell Gardens |
372 |
7723 |
7252 Kerr Street |
Southview Lodge |
378 |
7852 |
555 Carrall Street |
Block 17* |
379 |
7853 |
598 Taylor Street |
Block 17* |
396 |
8097 |
333 East Pender Street |
Chinese Presbyterian |
397 |
8088 |
306 E. Cordova |
Cooper's Place* |
407 |
8369 |
1055 West 41st Avenue |
Louis Briar |
410 |
8457 |
999 W. 57th Avenue |
Sunrise Assisted Living |
416 |
8592 |
1175 Broughton Street |
Columbus Charities |
Official Development Plans
Delete references to "Special Needs Residential Facility - Congregate Housing" and add "Seniors Supportive or Assisted Housing" under the general category of uses "Dwelling", or add the new use term under the general category of use "Dwelling".
Parking By-law
Replace references to "Special Needs Residential Facility - Congregate Housing" with "Seniors Supportive or Assisted Housing"
Policy and Guidelines
APPENDIX B
PAGE 1 OF 1
Zoning and Development By-law: Existing Definitions
The following definitions are extracts from Section 2 (Definitions):
Multiple Dwelling, which means a building containing only three or more dwelling units, but does not include a multiple conversion dwelling or a special needs residential facility;
Special Needs Residential Facility - Community Care - Class A, which means any facility which is licensed under the Community Care Facility Act and is used as a residence for not more than ten persons, not more than six of whom are persons in care;
Special Needs Residential Facility - Community Care - Class B, which means any facility which is licensed under the Community Care Facility Act and provides accommodation for seven or more persons in care;
Special Needs Residential Facility - Congregate Housing, a building containing residential units designed specifically to accommodate seniors as they age, with separate common areas for dining and socializing, and where support services are provided;
Special Needs Residential Facility - Group Living, which means any facility that provides
accommodation for six or more persons who are not a family, and where staff provide care, supervision, guidance or counseling related to physical disabilities, mental disabilities, psychiatric problems, drug or alcohol problems or related to legal custody or emergency or crises situations.
kk
APPENDIX C
Independent Living BC (ILBC) (BC Housing/Province of BC)
The Independent Living BC program will assist in the creation of 3500 units province-wide, in three broad categories, as shown in Table 1. All units will provide affordable housing for seniors who have low to modest incomes.
The Provincial definitions are outlined in Table 2 on the next page. The program will provide AIndependent Living" projects, which are very much like Vancouver=s definition of congregate housing, and AAssisted Living" projects which provide a slightly higher level of services. Vancouver Coastal Health Authority officials indicate that new Vancouver projects funded under the Independent Living BC program will be developed as Assisted Living projects. Vancouver Coastal Health may use its own resources to retrofit some existing housing for AIndependent Living" projects, but City staff expect that most projects in the AIndependent living" or Congregate categories will continue to be market developments.
Table 1: Provincial and Regional Allocations
|
Subsidy and/or Capital Program |
Total Province-Wide |
Vancouver Coastal Health Region Share |
|
Rent Supplements to Private Sector |
1000 |
253 |
|
Conversion of existing housing
|
1000 |
253 |
|
New Units |
1500 |
378 |
|
Total |
3500 |
884 (25%) |
Table 2 - Independent Living BC Use Terms
|
Home Care |
Independent Living |
Independent Living |
Residential Care |
|
"Independent Living" |
"Independent Living" |
"Assisted Living" |
Facility Living |
|
Independent housing
|
Independent housing - Hospitality services:
|
- Full-time professional care* - Licensed* |
*Italics indicate differences between the categories
* * * * *