POLICY REPORT
DEVELOPMENT AND BUILDING

TO:

Vancouver City Council

FROM:

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

SUBJECT:

CD-1 Rezoning - 33 West Pender Street

 

RECOMMENDATION

C. THAT, subject to approval of the rezoning at a Public Hearing, the Noise Control By-law be amended to include this CD District in Schedule "A" as set out in Appendix C;

GENERAL MANAGER'S COMMENTS

COUNCIL POLICY

Relevant Council Policies for this site include:
· Downtown District Official Development Plan and related Guidelines;
· In July 1998, Council reaffirmed principles to provide general guidance to Downtown Eastside actions and planning, which include encouraging a diversity of housing, maintaining and upgrading housing for existing residents, encouraging legitimate commercial activity, and improving conditions at the street level;
· Victory Square Policy, adopted in March 1990, which establishes interim limits on density and height to promote heritage retention and sympathetically scaled development;
· Central Area Plan: Goals and Land Use Policy, adopted in December 1991, which promotes "choice of use", favouring housing, for the Victory Square area;
· Central Business District Policies, adopted in December 1991 and last amended February 1997, which identifies the Victory Square area of the Downtown District as a "housing encouraged" area;
· Transfer of Density Policy and Procedures, adopted in January 1983 and last amended in July 1997, which provides for the transfer of heritage density, where it cannot be used on its originating site without undue impact on a heritage building, to a receiver site in the Central Area;
· Guidelines for New Development Adjacent to Hotels and Rooming Houses, adopted in July 1982 and last amended March 1991, which ensure unit livability of adjacent buildings, where windows or lightwells are located at interior property lines;
· View Protection Guidelines, adopted in December 1989 and last amended December 1990; and

· Updated City-Wide CAC Policy, adopted in June 2003 in conjunction with the Financing Growth report, which states that rezonings on the Downtown peninsula are Non-standard for CAC purposes (i.e., negotiated CACs, rather than Standard/flat rate CACs).

PURPOSE AND SUMMARY

This report assesses an application to rezone 33 West Pender Street, shown on the map below, from Downtown District (DD) to Comprehensive Development District (CD-1). This application proposes the development of a 9-storey, market residential building with 57 dwelling units (strata), four commercial units at grade, and 3-1/2 levels of underground parking. A total floor space ratio (FSR) of 5.88 (5.64 residential and 0.24 commercial) is proposed. The rezoning is required to allow a modest increase in the site's total permitted density from its current limit of 5.0 FSR, and an increase in its permitted residential density from 3.0 FSR, through a transfer of heritage density to this site. (Refer to Appendix D for additional information on this site and surrounding zoning and development). If approved, this rezoning would permit a total floor area of 5 031.8 m² (54,159 sq. ft.), an increase of 757.8 m² (8,153 sq. ft.) over the maximum permitted.

The proposed new building will contribute to the area's revitalization and to increasing and diversifying the Downtown Eastside's housing supply by providing new market residential development in the area. The proposed building design will be compatible through recommended design conditions, with the area's historic character by reinforcing the general character of development on this block.

Staff support the application and the Director of Current Plans recommends it be referred to a Public Hearing and approved subject to conditions.

DISCUSSION

Use: The site is currently used as a temporary, surface parking lot (32 spaces). The proposed mixed-use development would include 57 dwelling units of market housing located above ground level commercial space. The proposed land use is consistent with the surrounding neighbourhood, as well as Council policy of encouraging housing and of mixed residential and commercial development in the Victory Square area and nearby Chinatown.
Staff support the increase in residential use above 3.0 FSR, as the proposed market residential development will contribute to increasing and diversifying housing supply in the Victory Square area. The residential population in this proposed market housing project will help support the area's retail services needed by all area residents, and add to its vitality. The proposed commercial units at the first storey will provide retail continuity on the street, assist with the economic revitalization of the neighbourhood, and contribute to Crime Prevention Through Environmental Design (CPTED) performance for the street environment. The proposed commercial uses (as listed in Appendix A) are compatible with residential, and are consistent with the DD zoning.

Density: The permitted density for this site is a maximum total floor space ratio (FSR) of 5.0, which includes a maximum residential FSR of 3.0. Height of 45.7 m (150 ft.) is allowable, although interim Council policy for Victory Square encourages, in most circumstances, a height limit of 21.3 m (70 ft.).

Staff support the proposed modest additional density on this site, as it will be accommodated within a building form that meets Council's intent for the area. The intent of the interim Victory Square Policy and Chinatown policy is to encourage retention of heritage buildings, and to ensure that new construction is compatible with respect to scale and architectural expression. In this instance, the proposed development site is currently vacant, and its development will not require removal of any heritage buildings. The building's height of 30.3 m (99.5 ft.) will contribute to the existing and anticipated streetscape quality for this block.

The proposed development is also consistent with the draft Victory Square Plan, which proposes consideration of building height to 30.5 m (100 ft.) on the north sides of streets, subject to shadow and built form impacts, for development with public benefits, including heritage retention. The additional residential density and market housing use are consistent with Council policy of encouraging housing and providing housing diversity in this part of the city, without displacing low-income housing. (Refer to Appendix D for additional policy background).

Form of Development: (Building plans are included in Appendix F). The proposed 9-storey building has been designed to be compatible with the historic character of the neighbourhood and this block. The proposal completes the desired "street wall" of continuous frontages at the property line. The Pender Street facade, which is composed of two distinct components of 25 feet and 50 feet respectively, reinforces the prevalent "grain" of development with traditional building widths in this area. Differentiation of these facade components is desirable, and is proposed to be achieved through fenestration, storefront systems, canopies, and building materials (as recommended under conditions 2 and 4).

The building's massing will contribute positively to the block's "sawtooth" pattern of irregular building heights. This is achieved through stepping the height of the 25-foot wide facade component back from the street above the 7th floor, so that the upper portion of the building's street facade steps from 7 storeys (23.9 m; 78.4 ft.) to 9 storeys (30.3 m; 99.5 ft.). Staff are recommending design development (under condition 1) to increase the depth of this 7th floor setback to strengthen the differentiation between the upper portions of the two street facade components.

The proposed development includes common indoor and outdoor amenity space for its residents, including common open space at the second and rooftop levels. A "green roof" system and garden are proposed at the building's second level, and landscaping is proposed at the 8th level and rooftop. The proposed building would not project into any of the City's view cones, or views from upper storeys of existing residential towers at International Village (noting that the south side of Pender Street is associated with internal theatre functions of the Tinseltown development).

In accordance with the City's guidelines, the building's east elevation is stepped back from the interior property line above the first storey to permit penetration of daylight to the existing lightwell condition and to ensure livability of the east adjacent building's SRA units. The proposed building design and materials are of high quality and compatible with the neighbourhood character and will reinforce the block's historical quality. Staff support the proposed form of development, with some further refinements to the building's proposed massing and facade articulation (as set out in Appendix B).

Parking and Loading: Parking and loading will be provided in accordance with the Parking By-law, including relaxation, exemption, and shared use provisions, except that parking shall be provided as per the "Downtown Core Residential" standard (see Appendix A). Furthermore, as an incentive for the applicant to provide co-operative parking, the applicant will have the option of substituting co-op vehicles and parking for required parking spaces at a 1:3 ratio, to a maximum of one co-op vehicle for each 60 dwelling units.

Public Benefit: According to Council policy, private rezonings in the Downtown peninsula are Non-Standard rezonings, whereby the community amenity contribution (CAC) is determined through a negotiated approach. To address the requirement for CAC, the applicant is proposing to purchase and transfer heritage density [2 257 m² (24,293 sq. ft.)] to this site to facilitate the increase in residential density beyond 3.0 FSR, consistent with the City's Transfer of Density Policy and Procedures. Staff support the proposed heritage density transfer, and Real Estate Services' financial analysis has concluded that the proposed development will not result in a lift in land value at this location.

Public Input: A notification letter was sent to nearby property owners on March 3, 2004, and rezoning information signs were posted on the site on March 17, 2004. Two letters were received from property owners, both of which expressed support for the proposed market residential development.

CONCLUSION

Planning staff support the use, density, and form of development proposed in this application. The proposed mixed-use development will increase and diversify Victory Square's housing supply by adding new market housing, and support revitalization adjacent to Chinatown. The proposal will be consistent with the neighbourhood's scale of development and compatible with its historic character. The Director of Current Planning recommends that the application be referred to a Public Hearing and approved, with conditions.

- - - - -

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

· Dwelling Units, which Dwelling Units are in an "activity zone" as defined in the Noise Control By-law, and, as a result, are subject to the noise levels permitted in industrial and downtown districts;
· Office Uses, limited to General Office, Health Care Office, and Health Enhancement Centre;
· Retail Uses, limited to Grocery or Drug Store, Retail Store and Vehicle Dealer;
· Service Uses, limited to Animal Clinic, Barber Shop or Beauty Salon, Catering Establishment, Laundromat or Dry Cleaning Establishment, Photo -finishing or Photography Laboratory, Photo finishing or Photography Studio, Print Shop, Production or Rehearsal Studio, Repair Shop - Class B, Restaurant - Class 1, School - Arts or Self-Improvement, School - Business, School - Vocational or Trade, and Sign Painting Shop.

Conditions of Use

· Limit all uses, except residential, to the first storey.

Density

· Maximum floor space ratio of 5.9 FSR, based on calculation provisions of the Downtown District Schedule, including exclusion provisions for floor area computation; and
· Residential uses not to exceed 5.65 FSR.

Height

· A maximum of 30.5 m (100 ft.).

Relaxation of Limitations on Building Height

· Per 10.11of the Zoning and Development By-law, except that the Director of Planning may, at his discretion, permit architectural and mechanical appurtenances, chimneys, and items similar to these to exceed, in total, one-third the width of the building as measured on all elevation drawings and to cover, in total, more than 10 percent of the roof areas on which they are located as viewed from directly above.

Parking, Loading, Bicycle and Passenger Spaces

· Per Parking By-law, including the relaxation, exemption and shared use provisions contained the in the Parking By-law, except that parking shall be provided as per the "Downtown Core Residential" standard of:

Acoustics

· Per RM-4N District Schedule.

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.

FORM OF DEVELOPMENT

(a) That the proposed form of development be approved by Council in principle, generally as prepared by Acton Ostry Architects Inc. and stamped "Received City Planning Department", February 24, 2004, 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:

AGREEMENTS

(c) That, prior to enactment of the CD-1 By-law, the registered owner shall at no cost to the City:

APPENDIX C

DRAFT AMENDMENTS TO SIGN BY-LAW NO. 6510

Amend Schedule "E" (Comprehensive Development Areas) by adding the following:

"33 West Pender Street [CD-1(#)] [By-law #] B (DD)"

DRAFT AMENDMENTS TO NOISE CONTROL BY-LAW NO. 6555

Amend Schedule "A" (Activity Zone) by adding the following:

" [CD-1(#)] [By-law #] 33 West Pender Street "

APPENDIX D

ADDITIONAL INFORMATION

Site, Surrounding Zoning and Development: This 854.8 m² (9,202 sq. ft.) site is comprised of 3 parcels on the north side of West Pender Street, between Abbott and Carrall Streets. Since the demolition of two buildings on this site in 1999, it has been used for a temporary, surface parking lot (32 spaces). The site has a frontage of 23.4 m (77 ft.) and a depth of 36.6 m (120 ft.).

The site is located in the Victory Square area, and zoned Downtown District (DD Area C). Located immediately west of the Chinatown Millennium Gate and former CPR rail right-of-way, and adjacent to the Silk Road pedestrian alignment, this block of West Pender Street, however, appears as a logical extension of the adjacent Chinatown District. Across the street from the site, to the south, is the 3- to 4-storey Tinseltown complex on lands zoned CD-1 for International Village. The land to the north and west of the site is zoned Downtown District (DD), and developed with a range of residential and commercial uses.

Located approximately mid-block, the site is flanked on either side by buildings ranging in height from 1 to 7 storeys, consistent with the neighbourhood's varied pattern of development. The building immediately east of the subject site, the Pender Hotel (31 West Pender Street), is an existing, 4-storey single room accommodation (SRA) hotel listed on the City's Heritage Register (Category B), as is the 6-storey Arco Hotel located a little further west (81 West Pender Street), also Category B. There are several, taller buildings in the immediate vicinity, including the New Portland Hotel located immediately across the lane (20 West Hastings Street), the Woodwards building (101West Hastings Street), and the Tellier Tower (16 East Hastings Street), each at 10 storeys, and the Sun Tower (100 West Pender Street) at 18 storeys.

Background: In 1975, Council approved the Downtown District (DD). The Victory Square area is to be a mixed commercial and residential area, with retail use required or encouraged at grade along certain streets. The zoning currently limits residential density on this site to 3.0 FSR. Any increase in residential density beyond 3.0 FSR must be for non-residential uses, with a total site maximum of 5.0 FSR.

Adopted by Council in 1990, the Victory Square Policy sets out that, in most circumstances, the scale of new development in the Victory Square area should not exceed 3.0 FSR and a height of 21.3 m (70 ft.). The intent of this interim policy is to encourage the retention of existing buildings and ensure that new construction is sympathetically scaled.

The draft plan for Victory Square, which was originally tabled at Council in July 1998 as part of the Downtown Eastside Revitalization Strategy, anticipates increases in building height up to 30.5 m (100 ft.), and density above 3.0 FSR, for developments that do not remove SRA units or heritage buildings, provide public benefits (including heritageretention), and are located on the north side of streets, subject to shadow and built form analysis. This draft plan and the draft Housing Plan for the Downtown Eastside (also tabled at Council in 1998) support additional market housing in the Victory Square and Chinatown areas, and removing the density limit for residential uses relative to non-residential uses in the DD zoning for the Victory Square area. Staff are currently reviewing these draft plans, with public consultation expected this summer.

While the plans are not expected to be reported to Council until this fall, Council's interim policy has been to continue considering housing projects on a site by site basis, where low-income housing will not be displaced. As such, proceeding with a market housing proposal that contributes to housing diversity, without displacing existing low-income housing, does not compromise ongoing discussions about policy for the neighbourhood.

Environmental Implications: Nearby access to transit and commercial services may reduce dependence on use of automobiles by residents in this development.

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.

APPENDIX E

COMMENTS FROM REVIEWING AGENCIES AND THE APPLICANT

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.

Comments of the Director of the Housing Centre: The Director of the Housing Centre supports this rezoning application, as it is consistent with the draft Housing Plan for the Downtown Eastside and the draft Victory Square Plan, by expanding housing in the area without compromising the existing stock of low-income housing.

Urban Design Panel Comments: The Urban Design Panel reviewed this proposal on April 14, 2004 and supported the proposed use, density and form of development and offered the following comments:

"The Panel unanimously supported this application for rezoning. The Panel generally found it to be a handsome scheme and expressed the hope that it will be a catalyst for other redevelopment that is also sensitive to the historic scale of the area. The Panel very strongly endorsed the proposed market residential use in this location.

The Panel unanimously supported the proposed height and density. Some Panel members noted that it is a high building, but were satisfied that it is not inappropriate, particularly once further redevelopment occurs in the area.

The proposed form of development was supported and the Panel applauded the efforts made to break up the facade on West Pender Street. The Panel very much liked the proposed 25 ft. and 50 ft. modules which pick up on the historical pattern in the area. One Panel member thought this concept might be pushed a bit further, possibly through materiality. Another recommendation for the next stage of the design was to give further consideration of the street pattern in the resolution of the retail units at grade. Also, to explore a similar saw-tooth expression on the lane facade, which currently reads as a single 75 ft. wide building. Another suggestion about the Pender Street expression was that the external differentiation might be a more honest reflection of the internal planning of the units, noting that the interior of both the 25 ft. and 50 ft. modules are currently identical.

The Panel questioned the higher level canopy, which may be carrying the facade breakdown too far. It will also likely not provide much weather protection at that height. One suggestion was to replace it with a simple cornice line to provide differentiation from the lower canopy.

The Panel strongly supported the landscape plan which it found a refreshing departure from more typical schemes. One concern about the outdoor space related to the common amenity area on the 8th floor deck which it was thought to be too small. It was suggested the private open space could be reduced in favour of the common area. It was also strongly recommended that the deck be extended to the edge of the building.

With respect to CPTED issues, the Panel strongly urged that careful consideration be given to security in the initial stages of design to ensure that "Band-Aid" solutions are not necessary later on. This applies particularly to the lane but should also be considered with respect to the front entries of the retail units. Security is also an issue to be considered for the amenity area on the lane which will probably not be well used since it is north facing with no direct sun access.

One Panel member noted that signage is a particular characteristic of West Pender Street and suggested considering a projecting building sign to pick up on this pattern.

The architect was applauded for providing a modern, contemporary expression while being very respectful of the historical context. It was agreed to be a good model for the area."

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

"Thank you for the opportunity to respond to the Policy Report dated May 4, 2004. We are in general agreement with the wording of the Report, however there are some points on which we would like to comment and offer clarification:

1. With reference to Appendix B, (b)(1) and (2) we understand and have been endeavouring to achieve the desired massing and differentiation between the two distinct portions of the building, whilst at the same time maintaining a degree of unity. We will continue to work with planning to refine the design in order to meet these objectives.

2. With regard to the `Note to Applicant' [Appendix B (b)(10)], we would like to point out that final proposed planting depth will be fully appropriate to the landscape design and in accordance with all current guidelines.

3. We would also like to clarify the inclusion of the `high level canopy' referred to in Appendix B (b)(13). These are not canopies but rather a cornice detail used to give solar shading whilst providing an interpretive reference to the historical character and urban fabric of the neighbourhood.

Conclusion:

We would like to thank City staff for their comments and insights as well as their commitment to meeting the City's schedule for review and processing of the rezoning application. Through continued development and working with the City we intend to achieve a building which follows the primary principals of the `Victory Square Area Concept Plan', by `assisting with the revitalization of the area, without displacing the existing low-income community'."

APPENDIX F

Development Plans & Elevations inserted here...(9 pages)
 

APPENDIX G
 
APPLICANT, PROPERTY, AND DEVELOPMENT PROPOSAL INFORMATION

APPLICANT AND PROPERTY INFORMATION

Street Address

33 West Pender Street

Legal Description

Lots 32, 33 and 34, Block 29, DL 541, Plan 210

Applicant

Acton Ostry Architects Inc.

Architect

Mark Ostry

Property Owner

654641 B.C. Ltd. / Cytex Holdings Inc.

Developer

Centurion Investment Properties Inc.

SITE STATISTICS

 

GROSS

DEDICATIONS

NET

SITE AREA

854.8 m² (9,202 sq. ft.)

none required

854.8 m² (9,202 sq. ft.)

DEVELOPMENT STATISTICS

 

DEVELOPMENT PERMITTED UNDER EXISTING ZONING

PROPOSED DEVELOPMENT

RECOMMENDED
DEVELOPMENT (if different than proposed)

ZONING

DD

CD-1

 

USES

Mixed Use

Mixed Use

 

DWELLING UNITS

n/a

57 Units

 

FLOOR AREA

4 274 m² (46,006 sq. ft.)
[Total 2 564.4 m² (27,604 sq. ft.) Residential]

5 031.8 m² (54,159 sq. ft.)
[Total 4 823.7 m²  (51,924 sq. ft.) Residential

+ 208.1 m²  (2,240 sq. ft.) Commercial]

 

MAX. FLOOR SPACE RATIO

5.0 FSR Total
(Max. 3.0 Residential FSR)

5.88 FSR Total

(5.64 Residential FSR +

0.24 Commercial FSR)

 

MAXIMUM HEIGHT

45.7 m (150 ft.)

30.3 m (99.5 ft.)

 

MAX. NO. OF STOREYS

none specified

9 storeys

 

PARKING SPACES

51 residential spaces
2 commercial spaces

70 residential spaces
3 commercial spaces

 

LOADING SPACES

1 class B space

1 class B space

 

BICYCLE SPACES

63 class A spaces
12 class B spaces

63 class A spaces
12 class B spaces

 

* * * * *


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