Vancouver City Council

CITY OF VANCOUVER POLICY REPORT DEVELOPMENT AND BUILDING

	Date:	January 04, 2005
	Author:	Grant Miller
	Phone No.:	604.873.7484
	RTS No.:	04764
	CC File No.:	5304
	Meeting Date:	January 18, 2005

TO:	Vancouver City Council
FROM:	Director of Current Planning
SUBJECT:	CD-1 Rezoning: 755-765 West 42nd Avenue

RECOMMENDATION

A. THAT the application by Mosiac Avenue Properties LP to rezone 755-765 West 42nd Avenue (Lots 19 and 20, Block E of Block 1008, DL 526, Plan 10698) from RT-1 to CD-1, to permit 15 two and two-and-a-half storey townhouses at a floor space ratio of 1.0, be referred to a Public Hearing, together with:

(i) revised plans received November 12, 2004;

(ii) draft CD-1 By-law provisions, generally as presented in Appendix A; and

(iii) the recommendation of the Director of Current Planning to approve, subject to conditions contained in Appendix B.

FURTHER THAT the director of Legal Services be instructed to prepare the necessary CD-1 By-law generally in accordance with Appendix A for consideration at the Public Hearing.

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

FURTHER THAT the Director of Legal Services be instructed to bring forward the amendment to the Noise Control By-law at the time of enactment of the rezoning by-law.

GENERAL MANAGER'S COMMENTS

The General Manager of Community Service RECOMMENDS approval of A and B.

COUNCIL POLICY

Relevant Council Policies for this site include:
· Oakridge Langara Policy Statement (OLPS), approved by Council on July 25, 1995.

PURPOSE AND SUMMARY

This report assesses an application to rezone two parcels from RT-1 to CD-1 to permit development of 15 two and two-and-a-half storey townhouse units at a density of 1.0 FSR, with maximum height of 10.5 m (34.4 ft.). The site is located within an area identified in the OLPS where rezoning to this use and density is supported.

Staff recommend that the application be referred to a Public Hearing and be approved with conditions.

DISCUSSION

Background : With the exception of unique large sites, the OLPS identifies lands in three general categories related to their rezoning potential: (a) high-priority sub-areas, which are considered suitable for rezoning; (b) reserve sub-areas, where unanimous support is required of property owners; and (c) remaining areas where no changes are currently supported.

The subject site is located in a sub-area designated as a high priority for rezoning.

This proposal is consistent with the use, form and density of the recently rezoned site immediately to the east at 745-749 West 42nd Avenue and 5816-5818 Tisdall Street which is currently being developed by the applicant. This application is essentially for the second phase of the neighbouring development.

Use: The proposed Multiple Dwelling use in a townhouse form is consistent with the OLPS for this sub-area.

Density and Public Benefits: The proposed density of 1.0 FSR is consistent with the OLPS policy for this and the adjacent sites (0.8-1.0 FSR). The applicant has chosen not to seek an available 20% density bonus for City-desired public benefits. A required Development Cost Levy (DCL) of $3.25 per square foot will be paid towards public benefits at the building permit stage. Generally, proposals with a density of 1.0 FSR or less will not economically be able to pay a CAC in addition to the DCL, which is the case with this application.

Form of Development: (Note Plans: Appendix E) The proposed form of development is for two rows of two and two-and-a-half storey townhouses. Pedestrian access will be directly from 42nd Avenue.

Parking: The applicant proposes 24 below-grade parking stalls. Access will be from an entrance off the east-west lane. Parking for 19 bicycles will be provided.

Public Input: There were no concerns raised in response to neighbourhood notification or a sign posted on the site.

CONCLUSION

Planning staff conclude that the application is consistent with the OLPS in terms of achieving a compatible and livable ground-oriented townhouse development and recommend that the application be referred to Public Hearing and be approved with conditions.

* * * * *

APPENDIX A
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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

· Multiple Dwelling containing a maximum of 15 dwelling units.

Density

· Maximum floor space ratio of 1.0, based on calculation provisions of the RM-4 District Schedule.

Height

· A maximum of 9.2 m (30 ft.) but may be increased to 10.5 m (34.4 ft.) to allow for a pitched roof form.

Setback

· A minimum setback of 2.3 m (7.5 ft.) from the rear property line.

· A minimum setback of 2.0 m (6.6 ft.) from the east property line.

· A minimum setback of 3.0 m (10.0 ft.) from the west property line.

· A minimum setback of 4.0 m (13.1 ft.) from the front property line.

Parking

· Per Parking By-law, except that a minimum of the lesser of one parking space per each 70 m2 of gross floor area or 1.6 parking spaces per dwelling unit must be provided.

Acoustics

· Per RM-4N District Schedule

APPENDIX B
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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 Hollifield Architects Inc. and stamped "Received City Planning Department, November 12, 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:

Design Development:

(i) clarification on the drawings, showing more detailed information of the immediate context, accurately describing site relationship to neighbouring sites;

Note to Applicant: Provide details, plan details and sections including existing and proposed grades. Provide a continuous landscape buffer along the side property lines.

(ii) design development to the front and side yard setbacks and adjacent building relationships, responding more sympathetically to existing neighboring site conditions;

Note to Applicant: Proposed building setbacks need to consider neighbouring site conditions. Consider issues of privacy, overlook, shadowing and views to the street and how best the building and landscaping might respond to mitigate impact on neighbours.

(iii) design development to material expression and detailing;

Note to Applicant: Materials should be of high quality, with a thickness to their edge profile and well detailed. Substitute products for example, such as plastic siding or brick veneer is not acceptable. More use of brick is encouraged. Termination of brick needs to be carefully considered and consistently applied. Side elevations should be treated in a manner of equal importance to neighbouring sites.

(iv) design development to enhance the landscaping of the public and semi public realm, as seen from the street and neighbouring properties.

Note to Applicant: The treatment of the street scape extends from the front yard to the street curb. Consider ways to enrich the public realm with landscaping and street furniture.

CPTED (Crime Prevention through Environmental Design):

(v) design development to take into consideration the principles of CPTED, having particular regard to reduce opportunities for;

- theft in the underground and graffiti on blank walls through reconfiguring the garbage and exit area in the northeast corner at the lane such that an alcove is not created and the parking podium should be terraced with planters and coordinated with the adjacent grades.

Note to Applicant: A cut-through path should not be created.

Landscape:

(vi) all existing trees 20cm calliper or greater (proposed to be removed or retained) must be clearly illustrated on the Landscape Plan;

(vii) delete one of the two proposed patios for unit B2 in an effort to reduce the amount of unnecessary paving on site;

(viii) provide layered foundation planting along the front elevation of building "C"

(ix) indicate on the p1 (Parking Level Floor Plan) the location of all trees proposed above, confirming minimum 36" soil depth in order to support healthy growth of trees to intended mature size;

Fire:

(x) all Townhouse Units of Buildings A, B. & C have to be assigned a street address from West 42nd Avenue.

(xi) principal fire department response point must be indicated and the fire alarm monitoring company to use the address of the Townhouse Unit adjacent to the Fire Alarm Annunciator panel. A strobe light connected to FAS to be provided at annunciator panel. A Graphic Site Plan c/w Townhouse addresses and location of underground parkade access must be posted at fire alarm annunciator panel. The location of the fire department sprinkler siamese connection must be at the principal fire department response point facing the street.

(xii) a 1.2 m wide hard surface access pathway must be provided from West 42nd Avenue curb directly to the underground parkade access door.

(xiii) maximum travel distance (via path of travel) to furthest Townhouse Unit from fire vehicle (at fire dept response point) is 45 m (148 ft.).

(xiv) main access pathway(s) to be 2 m (6-7 ft.) in width with individual access paths to units 1.2 m (4 ft.).

(xv) buildings should be sprinklered to NFPA 13R - 1999 and the underground parkade to NFPA 13 - 1999.

AGREEMENTS:

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

Engineering Services:

(i) Make arrangements to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services for:

(1) consolidation of all lots involved

(2) widening of existing utility right of way that runs through the site to 10 ft. in width at grade and 5 ft. wide below grade to provide for future under grounding of utilities within this corridor.

(3) provision of street trees adjacent the site where space permits.

(4) under grounding of all new BC Hydro and Telus services from the closest existing suitable service point, including a review of any cabling that may be necessary to determine any impact on the neighbourhood.

APPENDIX C
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DRAFT AMENDMENTS TO NOISE BY-LAW NO. 6555

Amend Schedule B by adding the following:
"[CD-1 #] [By-law #] 755-765 West 42nd Avenue".

APPENDIX D
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ADDITIONAL INFORMATION

Site, Surrounding Zoning and Development: This 1807.6 m² (19,457 sq. ft.) site is comprised of 2 parcels on the north side of 42nd Avenue. The irregular site has a frontage of 39.3 m (129 ft.) on 42nd Avenue, 58.5 m (192 ft.) at the rear property line and a depth of 36.6 m (120 ft.).

There are 25 townhouse units being constructed by the applicant immediately to the east (under recently enacted CD-1 zoning); low-rise multiple dwellings further to the east and south (zoned CD-1); Oakridge Shopping Centre further to the east (also zoned CD-1); two-family dwellings to the west (zoned RT-1); and a new school is under construction to the north (under RT-1 zoning).

Proposed Development: The proposed form of development is two rows of two and two-and-a-half storey multiple dwellings in a townhouse form. The density is proposed to be 1.0 FSR, the upper range of the density supported by the Oakridge Langara Policy Statement, achieved through high quality design.

The height of the townhouses will be relaxable up to 10.5 m (34.4 ft.) to accommodate pitched roof forms that are supported by staff. Pedestrian access for all units will be directly from 42nd Avenue.

Each unit has some private open space associated with it and there is limited common landscaped open space.

An existing utility right of way of 6 ft. that runs through the site will be modified to 10 ft. at grade and 5 ft. wide below grade to provide for future under grounding of utilities within this corridor.

Parking: The applicant proposes 24 parking stalls. The parking for all of the units will be provided in an underground garage with access off of the east-west lane. Parking for 19 bicycles will be provided.

Public Input: The applicants held a public open house for the similar adjacent development in July 2003. As only eight people attended, most of whom were immediate neighbours, and considering there were no negative responses to the proposal and no questionnaires distributed to the attendees were returned, an open house was not held for this application.
A notification letter was sent by staff to property owners within an approximate two-block radius on November 29, 2004 and rezoning information signs were posted on the site on November 2, 2004. No phone calls were received from residents or neighbours.
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.
Public Benefits: A required Development Cost Levy (DCL) of $3.25 per square foot will be paid towards public benefits.

Urban Design Panel Comments: The Urban Design Panel reviewed this proposal on November 24, 2004 and supported the proposed use, density and form of development and offered the following comments:
Panel's Consensus on Key Aspects Needing Improvement:

· Extend the landscape strategy to the 42nd Avenue curb line including consideration for additional street trees;
· Consider widening the courtyard by reducing the setback to 42nd Avenue while considering the setback of the adjacent development;
· Design development to material distribution to maximize brick if possible and resolve material junctions, particularly at corners.

Related Commentary:
The Panel strongly supported this project and found it very appropriate for the area. It is a good example of how to successfully achieve increased density in the city.
The Panel recommended increasing the courtyard width as much as possible and reducing the setback on 42nd Avenue, provided there is no major impact on the front yard of the neighbouring house.
There were some concerns about the landscape along the street, in particular the squeezing of all the trees onto the private property and the lack of street streets. The Panel strongly urged that street trees be provided, and in general to give greater consideration to the pedestrian experience on the street. There was a comment that it currently has a very suburban character.
One Panel member thought the landscape plan had not been as thoroughly considered as the architecture, noting very little is being proposed for the front yards. It was suggested there needs to be another layer of richness added.
The Panel was generally satisfied with the mix of materials. There were, however, comments that the application of brick seems somewhat arbitrary, particularly on the east elevation (Building B) which seems unresolved. Some Panel members thought there should be more brick on the project, and there was a recommendation to use a contemporary approach to the detailing. It was noted that the transition between the vinyl and brick will need to be handled very carefully.
The Panel had no concerns about the height of the development.
Environmental Implications: Nearby access to transit and commercial services may reduce dependence on use of automobiles.

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.
Financial Implication: A required Development Cost Levy (DCL) of $3.25 per square foot will be paid towards public benefit at the building permit stage. Otherwise, there are no financial implications with request to budget, fees or staffing.

Comments of the Applicant:

"Mosaic Avenue Properties LP requests that council consider a reduction to the front property line setback contained in this report. Staff is recommending a minimum setback of 13.1 ft. from the front property line whereas we are requesting a minimum setback of 10 ft. from the front property line. We strongly believe that adjacent residents will also support this reduction in order to protect their own interests regarding the future redevelopment of their own property.

We believe our proposed setback best reflects the professional advice of the Council appointed Urban Design Panel (UDP) which clearly recommended "increasing the courtyard width as much as possible and reducing the setback on 42^nd Avenue, provided there is no major impact on the front yard of the neighbouring house."

A reduction in the front property line setback to 10 ft. will achieve the following three benefits. One, it will provide larger rear yards for the residents of Building B thereby mitigating the impact of the 3-storey high school immediately across the rear lane. Two, it will result in a wider courtyard and allow more natural light into the area. Three, a 10 ft. setback along with the introduction of street trees and layered planting will respond to comments of the UDP regarding the unusually wide 15 ft. city boulevard fronting the property which they thought made the area feel quite suburban.

We also believe a setback of 10 ft. from the front property line will not result in a major impact on the front yard of the neighbouring house as we are providing a 13.11 ft. setback between Building C and the west property line. This is more than twice the width of setback ordinarily required when rezoning similar sites in this area of the City and twice the setback of the existing dwelling on this site.

Other than the above request to reduce the front property setback to 10 ft. we feel we are able to comply with the staff recommendations contained within this report and the draft CD-1 By-law provisions."

Note: Staff do not agree with the applicant's request to reduce the front setback and will respond to these comments in our public hearing presentation.

APPENDIX E
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Total 10 pages of Plans (under `pdf' file)

LINK TO APPENDIX E

APPENDIX F
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APPLICANT, PROPERTY, AND DEVELOPMENT PROPOSAL INFORMATION

Applicant and Property Information

Street Address	745-755 West 42nd Avenue
Legal Description	Lots 19 and 20, Block E of Block 1008, DL 526, Plan 10698
Applicant	Mosiac Avenue Properties LP
Architect	Hollifield Architect Inc.
Property Owner	Mosaic Tisdall 2 Holdings Ltd.
Developer	Mosiac Avenue Properties LP

Site Statistics

	Gross	Dedications	Net
Site Area	1 807.6 m2 (19,457 sq. ft.)	0	1 807.6 m2 (19,457 sq. ft.)

Development Statistics

	DEVELOPMENT PERMITTED UNDER EXISTING ZONING	PROPOSED DEVELOPMENT	RECOMMENDED DEVELOPMENT (IF DIFFERENT THAN PROPOSED)
ZONING	RT-1	CD-1
USES	One and Two-family Dwellings	Multiple Dwellings
DWELLING UNITS	4	15
MAX. FLOOR SPACE RATIO	0.6	1.0
MAXIMUM HEIGHT	6.1 m (20 ft.)	Relaxable to 10.5 m (34.4 ft.)
PARKING SPACES	1 per D. U.	24
FRONT YARD SETBACK	7.3 m (24 ft.)	4.0 m (13.1 ft.)
EAST SIDE YARD SETBACK	1.5 m (5 ft.)	2.0 m (6.6 ft.)
WEST SIDE YARD SETBACK	1.5 m (5 ft.)	3.0 m (10 ft.)
REAR YARD SETBACK	10.7 m (35 ft.)	2.3 m (7.5 ft.)

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