3203-3229 West 10th Avenue - Rezoning Policy Issues

TO:	Standing Committee on Planning and Environment
FROM:	Director of Current Planning
SUBJECT:	3203-3229 West 10th Avenue - Rezoning Policy Issues

· CityPlan Rezoning Policy - Before and During Neighbourhood Visioning, adopted by Council in January 1996, which states that applications will be considered for projects involving social or affordable housing (i.e., non-profit, housing agreement, SNRF), or Neighbourhood Housing Demonstration Projects.

This report seeks Council advice on processing an application to rezone four lots on the northwest corner of West 10th Avenue and Trutch Street from RS-5 (One-family Dwelling District) to CD-1 (Comprehensive Development District) to permit 21 dwelling units at 1.25 FSR. Eight of the units have been offered as guaranteed market rental for ten years through a Housing Agreement with the City. The development would also include underground parking for a restaurant on an adjacent site.

Staff are reporting this application to Council for advice because community residents and groups have expressed enough opposition to the proposed rezoning to warrant consideration. Community opposition is largely due to concerns about increased traffic and parking, that a "spot-rezoning" here would establish a precedent for other properties along West 10th Avenue and that this type of change should not occur in advance of a community visioning process.

Rezoning Proposal: The site is at the northwest corner of West 10th Avenue and Trutch Street. Over the last 20 years, it has been providing surface parking for restaurants located at 3204 West Broadway and is currently used as required parking for The Swiss Chalet restaurant.

The project architect began meeting with City staff in 1997 to discuss a preliminary concept and to learn about relevant City policies and approval processes. The proposal was revised a number of times during the following six years and in November 2003, a rezoning application was submitted. Throughout the enquiry stage, staff advised that the proponents should seek to achieve a level of neighbourhood support for the proposal as staff's review of a rezoning application would take this into consideration.

The rezoning application proposes three multiple dwelling buildings, including 21 two-bedroom units (8 of which are proposed as secured market rental units for 10 years) and 71 underground parking spaces. Forty-one of the underground spaces would serve the residents. The remaining 30 underground spaces and 3 surface parking spaces along the lane would serve the restaurant which is located in a building owned by the same owner as this site. A density of 1.25 floor space ratio (FSR) and a maximum height of 3 storeys are proposed. The applicant has also proposed a pedestrian traffic signal at West 10th Avenue and Trutch Street to improve pedestrian safety.

CityPlan Rezoning Policy: In 1996, the City began a neighbourhood visioning process and Council adopted policy for considering rezoning applications before and during neighbourhood visioning. The policy states that applications will be considered for projects involving heritage retention or projects involving social or affordable housing (i.e., non-profit, housing agreement, SNRF), or Neighbourhood Housing Demonstration Projects (NHDP). The Kitsilano neighbourhood was not included among the first set of neighbourhoods scheduled for a visioning process because it had already undergone previous neighbourhood planning (1990-1994). However, Kitsilano will be included in a future community "revisioning" work program which is tentatively scheduled to be reported to Council early next year.

In the meantime, the CityPlan rezoning policy has been applied to this site and this rezoning application is being considered because it offers rental units which would be secured through a Housing Agreement. The application initially proposed that 20% or 4 of the project's 21 units be secured as market rental housing for ten years through a Housing Agreement. The applicant has increased the offer to 8 rental units for ten years, in response to public comments that 4 units was inadequate because the site's current RS-5 zoning already allows 4 rental units (secondary suites). Staff have not assessed whether the proposed 8 units would justify the requested increase in density. This assessment would be undertaken if Council instructs staff to continue processing the application. The Director of the Housing Centre would look forward to negotiating with the applicant regarding the details of the rental offer if the application proceeds.
Over the years, staff have received numerous enquiries from prospective applicants proposing to assemble sites along the north side of West 10th Avenue to permit higher density development. The rationale given for rezoning these sites has been that the properties backonto the Broadway commercial district and many sites are sandwiched between the commercial district and West 10th Avenue which functions as an arterial street. Staff have consistently advised that unless there is something unusual about the site, such as vacant land or a non-conforming use, the Planning Department would not support a "spot-rezoning" along West 10th Avenue without a review of the zoning along the West 10th Avenue corridor or community visioning. The subject site at West 10th Avenue and Trutch Street is a unique exception because it is long-standing undeveloped land used as a parking lot. For this reason, it is not expected to set a precedent for redevelopment of other sites along West 10th Avenue.

Level of Public Support: During the enquiry stage of this proposal, staff advised the proponent to undertake a public process to identify issues and achieve a level of support. In late 2001, the applicant surveyed homes in the 3100 and 3200 blocks of West 10th Avenue. Results are shown in Table 1 below. The majority of those who responded either supported or had mixed opinions on the proposal.

Table 1: Results of Applicant's Survey of 3100-3200 Block West 10th Avenue (Dec. 2001)

	Number	Percent
Total Homes Visited	37
No Response*	18	49%
Response	19	51%

Summary of Responses	Number	Percent
Support	9	49%
Opposed	4	20%
Mixed	6	31%

After submitting the rezoning application, the applicant undertook another neighbourhood survey in early 2004 which included a three and a half block area between Waterloo Street, West 11th Avenue, Balaclava Street and the lane north of West 10th Avenue. Each household was given a proposal package (including drawings) and invited to contact the architect if they had comments. Results are shown in Table 2 below. Of those who commented, two-thirds either supported or were neutral about the proposal. Most of those who opposed the proposal were concerned about increased density and additional traffic. Some of those who supported the proposal noted that the area's traffic and parking concerns should also be addressed.

	Number	Percent
Total Homes Visited	90
Not Home	36	40%
Response	21	24%
No Comment	33	36%

Summary of Responses	Number	Percent
Support	12	57%
Opposed	7	33%
Neutral	2	10%

In February 2004, City staff hosted a public information meeting to allow the applicant to present the proposal, to provide the neighbours with an opportunity to express their concerns and to test the level of neighbourhood support. Fifty-six people, most of whom live (54 residents) or work (1 business owner) in the surrounding area, attended the meeting and were given a comment form to complete. Results are summarized in the following Table 3.

	Number	Percent
Total Meeting Attendees	56
No Response	21	37%
Response	35	63%

Summary of Responses	Number	Percent
Support	3	9%
Opposed	30	86%
Uncertain	2	5%

Overall, residents are concerned about traffic, parking and safety along West 10th Avenue. The people who supported the proposal felt that a busy site near transit is appropriate for denser residential use and that more residents would benefit local businesses along Broadway. Those who were opposed to the application had the following concerns:

· project-related traffic and parking impacts,
· the precedent-setting nature of processing the application in advance of a visioning process,
· a strong desire to retain the small scale residential character of West 10th Avenue and the project's incompatibility with neighbouring single family homes,
· the adequacy of the proposed public benefit (4 market rental units), and
· the impact of accommodating the restaurant's parking requirements in a new development on this site.

In addition to the comments at the public meeting, staff have received over 40 letters and emails from individuals (70% of whom live within 4 blocks of the site); email from the Upper Kitsilano Residents Association and a petition from 35 residents living in a medium-density, mixed use (commercial and residential) building in the 3200 Block West Broadway. All of whom did not support the proposal for similar reasons as listed above.

Applicant's Comments: The applicant has reviewed the report and provided comments attached as Appendix B. The following summary was also provided by the applicant:

"· The proposed project will not affect traffic flows which are caused primarily by commuter traffic to UBC and an adjacent community centre on 10th Avenue and shopping destination traffic on West Broadway. To further mitigate this, access to parking for the project will be off the commercial lane that serves West Broadway.

· The rezoning will not be precedent-setting as the site is unique in this area. It has been vacant for most of its history and is located in a transition area between existing commercial, residential and community service uses.

· The project has paid particular attention to the smaller residential scale on 10th Avenue and reflects that character and scale.

· The public benefit for the rezoning has been doubled from 4 rental units to 8 comprising 38% of the total dwelling units proposed. Further, as an additional benefit, the owner will provide financial support to locate a traffic control signal at the corner of 10th Avenue and Trutch Street which was strongly voiced by neighbours who have to cross that busy intersection on a regular basis.

There is sufficient community opposition to this proposal to warrant seeking Council's advice on whether or not staff should continue processing the application.

At this point, staff have undertaken a preliminary review of the issues. If Council chooses option A, process this application in the normal manner, the applicant will be required to provide more details about the project including a traffic and parking study and an economic analysis for the secured, market rental units.

If Council is not prepared to consider this proposal, and chooses option B, the application will stand refused. A public hearing is not required for Council to refuse a rezoning application.

Site, Surrounding Zoning and Development: The 1 411 m² (15,190 sq. ft.) site is at the northwest corner of West 10th Avenue and Trutch Street and consists of four legal parcels with a total frontage of 40.2 m (132 ft.) and a depth of 35.1 m (115 ft.). The site is currently vacant and is used to provide 33 surface parking spaces for a restaurant (at 3204 West Broadway) which is in a building owned by the same owner as this site. The parking is required to fulfil the restaurant's parking requirement which was secured through the development permit approval by means of a covenant to the restaurant use.

The surrounding area is zoned RS-5 to the south, east and west and developed with one-family dwellings - some with secondary suites. Immediately south of the site is St. James Community Hall, a former church which is now used as a non-profit community centre. North of the site along West Broadway is zoned C-2C and C-2C1. Immediately to the north is a 1-storey commercial building occupied by a restaurant and a 4-storey mixed use development with commercial uses on the ground floor and residential units above.

Proposed Development: The rezoning application proposes three 3-storey multiple dwelling buildings at 1.25 FSR and includes 21 two-bedroom dwelling units (8 of which are proposed as secured market rental units for 10 years), 71 underground parking spaces and 3 surface parking spaces along the lane. Forty-one underground spaces are for residents and visitors and the remaining 30 underground spaces and the 3 surface parking spaces would serve the restaurant.

Public Input: On February 2, 2004, staff sent a rezoning notification letter with an invitation to a public information meeting to 474 nearby property owners and 5 local community groups. The rezoning information signs were posted on the site on the same day. The public meeting was held on February 18, 2004 and was attended by 56 people who live or work in the surrounding area. The majority of the people who completed a comment form at the public meeting were opposed to the proposal.

The applicant has also undertaken two neighbourhood door-to-door surveys - one in late 2001 and one in early 2004. The majority of those who responded to each survey supported, had mixed opinions or were neutral about the proposal.

"· The proposed project will not affect traffic flows which are caused primarily by commuter traffic to UBC and the St. James Community Centre on 10th Avenue and shopping destination traffic on West Broadway. To further mitigate this, access to parking for the project will be off the commercial lane that serves West Broadway.

· The project has paid particular attention to the character and smaller scale of the existing residential buildings on 10th Avenue. It has been designed to reflect these characteristics including breaking up the mass into three buildings on 10th Avenue to match adjacent building widths and yards and incorporating sloped roofs, porches, window patterns and exterior finishes that are in keeping with these neighbouring buildings. Further, it restricts building height to that of the existing residential neighbourhood. It also provides a central landscaped courtyard that provides additional setbacks for the west neighbouring property.

· The impact of restaurant parking will be improved by putting it underground as opposed to the current above ground location. Further, an additional 15 parking spaces, over and above that required for both the restaurant and townhouse units, will be provided to relieve neighbourhood parking congestion. Also, numerous neighbours we have contacted have told us the existing parking lot is not appropriate at grade, is an `eyesore' and they would prefer a residential use in its place.

· The main concern voiced by neighbours at the February 2004 public information meeting was the existing traffic conditions on 10th Avenue and the dangerous crossing at the 10th Avenue and Trutch Street in particular. This was by far the most critical issue, is mainly the result of UBC, Community Centre and West Broadway shopping traffic and will not be increased by our project. However, to assist in mitigating this situation our client has offered to fund a pedestrian traffic signal as part of the project's public benefit as noted above. Further it should be stated that the projectproposes a high quantity of parking that will have a positive effect on street parking and congestion.

· It should be recognized that most neighbours who attend public meetings for new development are usually non-supportive of change in their neighbourhood. That is their main purpose for showing up at these events. Those that are supportive, not opposed or indifferent usually do not attend such meetings. This is demonstrated by the survey results we have conducted that cover a substantial area and show a noticeably higher level of support than that at the public meeting.

· The concern of waiting for `visioning' to occur in this neighbourhood is not reasonable or realistic as there is no set time for this to exercise to begin or conclude. Further, this project has already been in the public domain for eight years.

· The petition from the C2C1 and C2C neighbours on West Broadway should not be included given this zone's higher density and mixed commercial use. If it were to be included it should be substantially qualified and have a lesser status for consideration."

Street Address	3203-3229 West 10th Avenue
Legal Description	Lots I, J, K, and L, Block 59, D.L. 540, Plan 22895
Applicant	Robert Turecki, Robert Turecki Architect
Property Owner	Jean Simons and J. Simons Management & Development Ltd.

	GROSS	DEDICATIONS	NET
SITE AREA	1 411 m² (15,190 sq. ft.)	--	1 411 m² (15,190 sq. ft.)

	DEVELOPMENT PERMITTED UNDER EXISTING ZONING	PROPOSED DEVELOPMENT
ZONING	RS-5	CD-1
USES	One-family Dwelling, One-family Dwelling with Secondary Suite, Parking Area	Multiple Dwelling, Parking Use
MAX. FLOOR SPACE RATIO	0.60 FSR	1.25 FSR
MAXIMUM HEIGHT	2½ storeys 9.2 m (30 ft.) (outright) 10.7 m (35 ft.) (conditional)	3 storeys 10.7 m (35 ft.)
PARKING SPACES	Minimum of one space per dwelling unit	41 residential spaces 33 commercial spaces

Vancouver City Council