POLICY REPORT
DEVELOPMENT AND BUILDING

TO:

Vancouver City Council

FROM:

Director of Current Planning

SUBJECT:

CD-1 Rezoning - 1001-1015 Denman Street

 

RECOMMENDATION

GENERAL MANAGER'S COMMENTS

COUNCIL POLICY

Relevant Council Policies for this site include:

· West End RM-5, RM-5A, RM-5B and RM -5C Guidelines.

PURPOSE AND SUMMARY

This report assesses an application to rezone the site shown on the map below from C-5 and RM-5B to Comprehensive Development District (CD-1). The application proposes a five-storey mixed-use building with two floors of commercial and three floors above, consisting of twelve dwelling units intended for rental, at an overall floor space ratio (FSR) of 1.96.

The application does not seek to change the permitted uses or increase the overall combined densities. Rather, the rezoning would allow the development of a single integrated development with a more compatible form of development than if developed under the two current zonings on the site.

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

DISCUSSION

Background: This 1 204.5 m² (12,965.6 sq. ft.) site is split-zoned. The C-5 properties fronting onto Denman Street are 20.1 m (66 ft.) deep and currently developed with one-storey retail buildings. The RM-5B lot behind is 10.1 m (33 ft.) wide and is used for parking for the retail. There is no lane between the commercially- and residentially-zoned lots.

Nearby properties on both sides of Denman Street are zoned C-5 and are generally one- or two-storeys in height, except for Denman Place Mall and the Coast Plaza Hotel directly across Denman Street from the site with an approximately three-storey podium (9 m/29.6 ft. to top of parapet) and high-rise tower set well back from the street. Lands to the west are zoned RM-5B and developed with a diverse mix of residential low-, medium- and high-rise towers. The three-storey building across the lane to the south-west is a small hotel. Lands to the east of the Denman commercial strip are zoned RM-5A and are also developed with an assortment of residential low-, medium- and high-rise towers.

Use and Density: The proposed uses, 1 418.6 m² (15,270 sq. ft.) of commercial and 938.8 m² (10,106 sq. ft.) of residential, are generally compatible with uses permitted in both the C-5 and the RM-5B District Schedules although the latter does not allow most commercial uses. C-5 allows 1.2 FSR commercial plus 1.0 FSR of other uses, including residential. RM-5B allows 1.5 FSR residential. Under existing zoning, a maximum of 963.6 m² (10,372.4 sq. ft.) commercial and 1 405.3 m² (15,127 sq. ft.) residential would be permitted. The applicant proposes to increase the amount of commercial to 1 418.6 m²(15,270.2 sq. ft.) and decrease the amount of residential to 938.8 m² (10,062.4 sq. ft.). The combined overall density proposed, 1.96 FSR, is less than the combined density allowed (1.97 FSR).

Neighbours were concerned about nuisance resulting from the restaurant use and deck on the second level. The form of development makes possible the provision of "state of the art" ventilation equipment to remove restaurant odours (refer to Appendix D for more details). Regarding noise, a preliminary acoustical report recommended a series of mitigation features to control noise primarily from the proposed restaurant use (refer to Appendix D for more details). These measures will be required at the development permit stage. In addition, the hours of use of outdoor areas of the restaurant use will be negotiated through the development permit.

Form of Development (Note plans: Appendix E) The proposed form of development conforms with the maximum height and building envelope, including the horizontal daylight angles, prescribed for both C-5 and RM-5B zoned sites. The proposal is predominantly retail at grade so the setbacks of the larger C-5 site, including a zero setback along the lane, Denman Street and the Nelson Street frontage, have been used. The residential access from Nelson Street forms a long entry court about 6 m (19.9 ft.) wide, including the landscaping, along the westernmost frontage which reflects and creates a transition to the residential setbacks under RM-5B. The minimum rear yard setback (to the west property line) under RM-5B is 2.1 m (6.9 ft.) but a deeper 2.4 m (7.9 ft.) setback is proposed. The proposed parking access ramp along the west property line, with trellis above, is greater than the lane rear yard setback required under RM-5B.

The ground floor will have retail frontage along Denman Street that will turn the corner onto Nelson Street, including a 3 m (10 ft.) extension beyond where retail is permitted under current zoning. This increase of retail frontage along Nelson Street is supported to reinforce and enliven this important intersection. The second floor will have a restaurant with an outdoor patio, a pattern consistent with other developments along Denman Street.

The three storeys of residential, each with four units per floor, have been massed to limit the impact on the twelve-storey residential building to the east, the Admiral Point tower. Its window pattern on the wall facing the subject site is irregular. These windows gradually increase in dimension from the outside in as the building height ascends. The massing is located between these sets of windows to best maintain views of the lower suites.

Although there are currently very few buildings along Denman Street taller than two storeys, the zoning allows development up to 18.3 m (60 ft.). The proposed building is not seeking relaxation of height or building envelope provisions of the current district schedules. Even though buildings of the proposed height are permitted under the current zoning, neighbours were concerned about allowing such higher buildings along Denman Street which they feltwould negatively change the character of the street. To respond to this concern, the massing of the first two of the three residential floors step back 3 m (9.8 ft.) and the uppermost floor steps back an additional 1 m (3.3 ft.). This limits the perception of the higher floors from the street and allows more sunlight to the Denman Street sidewalk.

Parking and Loading: Twelve residential and twenty-three commercial parking spaces and fifteen residential and two commercial Class A bicycle storage spaces will be provided on one below-grade parking level. Six Class B commercial bicycle storage spaces will be provided on the street. Two enclosed loading bays will be provided from the lane.

Soils: The site is presently being assessed to determine whether there is any soil and/or groundwater contamination. If no contamination is found, the applicant will provide a "Determination" (issued by the Ministry of Environment) that this is not a contaminated site prior to receiving an Occupancy Permit. If contamination is found, then the applicant will be required to enter into a soils remediation agreement with the City prior to enactment. The agreement will require in part that a Certificate of Compliance be received by the City indicating that all remediation has been carried out prior to receiving an Occupancy Permit.

Public Benefit: The intersection of Denman and Nelson is important to the West End. Nelson Street is a primary connection into Stanley Park and will potentially be part of the City-wide Parkway greenway. To further enhance this intersection, the applicant has proposed to provide an art feature that could incorporate elements of the public realm, an idea that was supported by the public at the applicant's open house. Enhancements to sidewalk café seating, retailing possibilities, and opportunities for people watching could also be considered. The details will be developed in co-ordination with the Office of Cultural Affairs and staff recommend that these details be indicated on the development permit drawings prior to issuance.

A Community Amenity Contribution is not being offered by the applicant as no increase in FSR is proposed beyond what is permitted under current zoning. However, the City-wide Development Cost Levy rate will apply ($64.58 per m²/$6.00 per sq. ft. as of July 1, 2004).

Public Consultation: Prior to submission, the applicant held a public information meeting at the Coast Plaza Hotel on January 28, 2004. Ninety-four people signed in. Sixty-two comment sheets were received of which 81% were in support and 19% were in support with changes. Concerns raised were to ensure it maintains the Denman (i.e., non-Robson) character; to provide enough parking; and to control noise and odours from the proposed restaurant.

Following submission of the application, in response to staff's notification letter, letters and e-mails were received from ten people, mostly opposed to taller buildings along Denman Street which could change the character of Denman and block some views. One neighbourwrote in support and suggested pedestrian-friendly amenities including an additional setback to achieve wider sidewalks, to make Nelson Street greener and upgrade the lane aesthetics. The owner of the adjacent low-rise hotel came to City Hall a number of times to express his concerns about possible impacts of the development at the lane on his hotel operation. The Denman Street commercial lots are unusually shallow so increasing sidewalk width is not recommended. However, staff feel that the design development conditions in Appendix D will address the other issues raised.

CONCLUSION

Planning staff support the use, density and general form of development proposed in this application. Accordingly, the Director of Current Planning recommends that the application be referred to a Public Hearing and approved, subject to the proposed 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

Density

Height

Setback

Parking

Acoustics

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 Spaxman Consulting Group, and stamped "Received City Planning Department February 11, 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 or Development Permit Board, who shall have particular regard to the following:

AGREEMENTS

(c) That, prior to enactment of the CD-1 By-law, the following are addressed to the satisfaction of the General Manager of Engineering Services for the following:

(d) That, if contamination is found on site as determined by the Ministry of Environment, the applicant enter into a soils remediation agreement with the City, to the satisfaction of the Manager, Environmental Protection Branch, prior to enactment.

APPENDIX C

DRAFT AMENDMENTS TO NOISE CONTROL BY-LAW NO. 6555

Amend Schedule B by adding the following:

"[CD-1 #] [By-law #] 1001 - 1015 Denman Street"

DRAFT AMENDMENTS TO SIGN BY-LAW NO. 6510

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

"1001-1015 Denman Street [CD-1(# )] [By-law # ] B (C-5)"

APPENDIX D

ADDITIONAL INFORMATION

Site, Surrounding Zoning and Development: This 1 204.5 m² (12,965.6 sq. ft.) site is comprised of three parcels on the west side of Denman Street and the south side of Nelson Street. The site has a frontage of 40 m (131 ft.) and a depth of 30.2 m (99 ft.). The site slopes down gradually, less than a metre, from north to south. The site is currently developed with single-storey retail serviced from the rear. There is a parking lot for the retail in the rear, accessed from both the east-west lane and Nelson Street, and there is perpendicular parking directly off the lane along the south side of a coffee shop, which has a small outdoor seating area between this parking area and the Denman Street sidewalk. There is no lane between the commercially- and residentially-zoned lots, a typical condition along Denman Street.

Nearby properties on both sides of Denman Street are zoned C-5 and are generally one- or two-storeys in height, except for Denman Place Mall and the Coast Plaza Hotel directly across Denman Street from the site with an approximately three-storey podium (9 m/29.6 ft. to top of parapet) and high-rise tower set well back from the street. Most of the C-5 along Denman Street has been developed with one or two storeys although there are higher developments further north, such as the mixed-use building on the north-west corner of Robson and Denman Streets. Lands to the west are zoned RM-5B and developed with a diverse mix of residential low-, medium- and high-rise towers. The three-storey building across the lane to the south-west is a small hotel. Lands to the east of the Denman commercial strip are zoned RM-5A and are also developed with an assortment of residential low-, medium- and high-rise towers.

Urban Design Analysis: The proposed form of development generally responds to the West End RM-5, RM-5A, RM-5B and RM -5C Guidelines. It also conforms with the maximum height and building envelope, including the horizontal daylight angles, prescribed in both the C-5 and RM-5B district schedules. This envelope has a maximum height of 18.3 m (60 ft.) but has 120° sun angles starting at 11.0 m (36.1 ft.) above the south property line and 7.4 m (24.3 ft.) above the north property line. The three-storey residential portion of the building is located to fit within the resulting envelope.

The proposal is predominantly retail at grade so the setbacks of the larger C-5 site, including a zero setback along the lane, Denman Street and the Nelson Street frontage, have been used. The ground floor will have retail frontage along Denman Street that will turn the corner onto Nelson Street, including a 3 m (10 ft.) extension beyond where retail is permitted under current zoning. This increase of retail frontage along Nelson Street is supported to reinforce and enliven this important intersection. The proposal includes a major stairwell on the corner of Nelson and Denman leading up to the second storey restaurant, a feature that is not supported. Both the Urban Design Panel and staff recommend relocating the restaurantaccess along the Denman Street frontage and enhancing the at-grade retail presence at this intersection.

The residential access from Nelson Street forms a long entry court about 6 m (19.9 ft.) wide, including the landscaping, along the westernmost frontage which reflects and creates a transition to the residential setbacks under RM-5B. The minimum rear yard setback under RM-5B is 2.1 m (6.9 ft.) but a deeper 2.4 m (7.9 ft.) setback is proposed. At the lane and along the west property line, a 6.2 m (20.3 ft.) wide, 15 m (49.2 ft.) long parking ramp with trellis overhead is proposed. This respects the rear yard setback required under RM-5B (5.7 m/18.7 ft.) and should help soften the appearance of the lane elevation.

The three storeys of residential, each with four units per floor, have been massed to limit the impact on the twelve-storey residential building to the east, the Admiral Point tower. Its window pattern on the wall facing the subject site is irregular. These windows gradually increase in dimension from the outside in as the building height ascends. The massing is located between these sets of windows to best maintain views of the lower suites (refer to elevations in Appendix E which illustrate the relationship between the proposed residential and the Admiral Point building).

Although there are currently very few buildings along Denman Street taller than two storeys, the zoning allows development up to 18.3 m (60 ft.) so the proposed building is not seeking relaxation of height or building envelope provisions of the current district schedules. Even though buildings of the proposed height are permitted under the current zoning, neighbours were concerned about allowing higher buildings along Denman Street which they felt would negatively change the character of the street. To respond to this concern, the massing of the first two of the three residential floors step back 3 m (9.8 ft.)and the uppermost steps back an additional 1 m (3.3 ft.). This limits the perception of the higher floors from the street and allows more sun to the Denman Street sidewalk.

Potential Nuisance Related to Restaurant Use: Neighbours were concerned about nuisance resulting from the restaurant use and deck on the second level. The form of development makes possible the provision of "state of the art" ventilation equipment to remove restaurant odours. Specifically, the applicant proposed that mechanical equipment will be housed in an enclosed, acoustically-isolated mechanical room on the second level and that fresh air will be drawn in through acoustically lined ductwork to the mechanical room from the adjacent landscaped area. Restaurant exhaust will be treated by an ecologizer unit to scrub the grease and odour out of the kitchen exhaust air. This treated air, along with the exhaust air from the restaurant seating area, will be discharged through acoustically-lined ductwork to the large landscaped area above the lane. Air conditioner condensing units for the restaurant and retail space will be ceiling mounted inside the enclosed loading bay to isolate their noise, which will be further isolated by the landscaping over the loading bay.

Also, regarding noise, a preliminary acoustical report recommended a series of mitigationfeatures to control noise primarily from the proposed restaurant use. These measures include a solid railing around the patio on the south and west sides; a roof over the patio to deflect noise; solid balconies for suites above; acoustic treatment to soffit areas above each suite; enclosing mechanical equipment in a room; duct lining and silencers on supply and return fan systems; proper duct runs on kitchen exhaust area; concrete housekeeping pad beneath each rooftop fan, and proper spring isolation for rooftop mechanical equipment. These types of mitigation measures will be required at the development permit stage. In addition, the hours of use of outdoor areas of the restaurant use will be negotiated through the development permit.

Parking and Loading: Parking, loading and bicycle spaces are to be provided as per C-5 standard for commercial uses and RM-5B standards for residential uses of the Vancouver Parking By-law and the relaxation and exemption provisions of the Vancouver Parking By-law shall apply. As proposed, twelve residential and twenty-three commercial parking spaces and fifteen residential and two commercial Class A bicycle storage spaces will be provided on one below-grade level. Six Class B commercial bicycle storage spaces will be provided on street. Two enclosed loading bays will be provided from the lane.

Public Benefit: The intersection of Denman and Nelson is an important one in the West End. Nelson Street is primary connection into Stanley Park and will potentially be part of the City-wide Parkway Greenway. To further enhance this intersection, the applicant has proposed to provide an art feature that could incorporate elements of the public realm, an idea that was supported by the public. A mural was suggested by the applicant but a more retail expression along Nelson Street may be appropriate. Therefore, enhancements to sidewalk café seating, retailing possibilities, and opportunities for people watching could also be considered. The details should be developed in co-ordination with the Office of Cultural Affairs and staff recommend that these details be indicated on the development permit drawings prior to issuance.

Public Input: Previous to submitting an application, a neighbourhood open house was held on from 6:00 p.m. to 8:30 p.m. at the Coast Plaza Hotel on January 28, 2004. Invitations were sent to 1,135 property owners January 12 to 14, 2004 and a notice was placed in the Wednesday, January 21, 2004 edition of the Vancouver Courier. The applicants also met with the most directly affected neighbours before the public information meeting.

Ninety-four people signed in. Sixty-two comment sheets were received of which 81% were in support and 19% were in support with changes. Concerns raised were to ensure it maintains the Denman (i.e., non-Robson) character; to provide enough parking; and to control noise and odours from the proposed restaurant.

A notification letter was sent to 1,142 nearby property owners on March 26, 2004 and two rezoning information signs were posted on the site on March 25, 2004. Since the open house, in response to the notification letter, letters and e-mails were received from ten people, mostly opposed to taller buildings along Denman Street which could change the character of Denman and block some views. One neighbour wrote in support and suggested pedestrian-friendly amenities including an additional setback to achieve wider sidewalks, to make Nelson Street greener and upgrade the lane aesthetics. The owner of the adjacent low-rise hotel came to the Rezoning Centre on a number of occasions to express his concerns that the lanescape be made as beautiful as possible to reduce impacts of the proposed development on his hotel operation.

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: The applicant submitted an arborist's report by Arbortech Consulting Ltd. recommending that the two existing Catalpa street trees along Nelson Street adjacent to the subject site both be removed due to risk of failure from excessive lean and heavy asymmetry. The trees have been inspected by Park Board arborists who feel that the tree closest to Denman cannot be adequately preserved with the proposed building alignment and therefore recommend its removal as being necessary. They felt, however, that the tree at the western part of the Nelson flankage can be pruned to a shape that can accommodate the development. The applicant should contact Bill Stephen, Urban Forestry Technician, at 604.257.8587 to discuss the particulars.

Environmental Protection Comments: As adopted by Council in April 1997, incorporating the provisions of the Waste Management Act, it is the City's policy to not consider subdivision or rezoning of, or development on, sites which are suspected of possible soil contamination, until an approved remediation plan has been accepted or a Certificate of Compliance (COC) or Conditional Certificate of Compliance (CCOC) has been issued by the Provincial Ministry of Water Lands and Air Protection. The City may also require a soil agreement (covenant) be registered on title which in part Holds issuance of an Occupancy permit pending receipt of a COC or CCOC.

The site is presently being assessed to determine whether there is any soil and/or groundwater contamination. If no contamination is found, the applicant will provide a "Determination" (issued by the Ministry of Environment) that this is not a contaminated site prior to receiving an Occupancy Permit. If contamination is found, then the applicant will be required to enter into a soils remediation agreement with the City prior to enactment. The agreement will require in part that a COC be received by the City indicating that all remediation has been carried out prior to receiving an Occupancy Permit.

Fire Department Comments: The Fire Department had a number of comments and concerns, primarily related to access and standpipe locations, that can be resolved at the development permit stage.

Urban Design Panel Comments: The Urban Design Panel reviewed this proposal on March 31, 2004 and unanimously supported the proposed use, density and form of development and offered the following comments:

"There was strong support for the basic principles of use, density and form of development, with a number of concerns at a detail level, including:

The Panel unanimously supported the use and considered it compatible with the Denman Street retail, with the exception of the corner treatment at Denman and Nelson. The Panel did not support the stair and elevator on the corner, preferring to see more active, public uses in this location. A comment was made that the stair to the second storey restaurant does not need to be so obvious in this neighbourhood and will be equally successful away from the corner. There was also a suggestion that the stairs to the restaurant might be used to resolve the transition to Nelson Street. The Panel agreed that a "corner statement" is not necessary.

Other comments/suggestions about achieving compatibility with Denman Street included:

Some Panel members were concerned about the relationship between the residential component and the retail base and whether the form of the residential is appropriate. One Panel member also cautioned that there may be Building Code issues with respect to the residential floor plate.

The Panel saw no difficulty with the relationship to neighbouring Admiral Point and noted that interface issues can be further addressed as the project proceeds. Some Panel members thought the project would be improved if its form did not emulate that of the Admiral Point building.

The Panel strongly supported the landscape plan and generally found it to be handled very well, particularly at the residential entry court. There was a recommendation to improve the overlook from the third floor which currently looks out onto gravel roof surface, and to pay close attention to lighting at the entrance.

The Panel was generally satisfied with the lane treatment although some Panel members thought it was a little severe for this very pedestrian oriented neighbourhood, suggesting further design development at the next stage of the project.

Other comments included:

While supporting this project as a rezoning application, the Panel strongly urged that it be brought back for review at the development application stage."

Environmental Implications: There are many good sustainable aspects inherent in the proposal which, among others, include multi-use development that supports the downtown efficiently, discourages car usage, encourages people to walk to work and services, and allows easy access to amenities and recreation, including Stanley Park and the Seawall.

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 comments as follow:

"We have reviewed the Policy Report and have no further comments to add."

APPENDIX E

Appendix E (the plans) will be under "PDF" files - Total 11 pages.

APPENDIX F

APPLICANT, PROPERTY, AND DEVELOPMENT PROPOSAL INFORMATION

APPLICANT AND PROPERTY INFORMATION

Street Address

1001 - 1015 Denman Street

Legal Description

North Half and South Half of Lot 1, East Half of Lot 2, Block 69, DL 185, Group 1, Plan 92, NWD; PID 009169601; 009205632; 009205632

Applicant

Spaxman Consulting Group

Architect

Russ Meiklejohn, Millenia Architecture Corp.

Property Owner

George Loh

Developer

George Loh

SITE STATISTICS

 

GROSS

DEDICATIONS

NET

SITE AREA

1 204.5 m² (12,965.6 sq. ft.)

 

1 204.5 m² (12,965.6 sq. ft.)

DEVELOPMENT STATISTICS

 

DEVELOPMENT PERMITTED UNDER EXISTING ZONING

PROPOSED DEVELOPMENT

RECOMMENDED
DEVELOPMENT (if different than proposed)

ZONING

C-5 and RM-5B

CD-1

 

USES

Commercial & Residential

Commercial & Residential

 

DWELLING UNITS

 

12 Residential

 

MAX. FLOOR SPACE RATIO

1.97

1.96

 

MAXIMUM HEIGHT

18.3 m (60 ft.)

18.3 m (60 ft.)

 

MAX. NO. OF STOREYS

 

5

 

PARKING SPACES

per Parking By-law

per Parking By-law

 

DENMAN ST. YARD SETBACK

0

0

 

NELSON STREET YARD SETBACKS

0 - C-5
6.1 m (20 ft.) - RM-5B

0 - 23 m (75.5 ft) from Denman;12 m (39.4 ft.) to property line to the west

 

LANE YARD SETBACK

0 - C-5
5.7 m (18.7 ft.) - RM-5B

0 except 6.2 m (20.3 ft.) wide 15 m (49.2 ft.)long parking ramp with trellis overhead located along the property line to the west

 

REAR YARD (WEST) SETBACK

2.1 m (6.9 ft.)

2.4 m (7.9 ft.)

 

* * * * *


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