CITY OF VANCOUVER POLICY REPORT
|
Date: |
February 3, 2005 | |
Author: |
Grant Miller | |
Phone No.: |
604.873.7484 | |
RTS No.: |
04877 | |
CC File No.: |
5307 | |
Meeting Date: |
February 15, 2005 |
TO: |
Vancouver City Council |
FROM: |
Director of Current Planning |
SUBJECT: |
CD-1 Text Amendment: 375 East Pender Street and 485 Dunlevy Avenue |
RECOMMENDATION
THAT the application by Y.M. May Lee Architect, on behalf of the Menonite Church of B.C., to amend CD-1 By-law No. 7230 for the site at 375 East Pender Street and 485 Dunlevy Avenue (Lot D, Block 71, DL 196, LMP 12929, Plan 10698) to increase building height from 4 to 5 storeys to permit retention of a roof top amenity room built without permit, be referred to a Public Hearing, together with:
(i) plans received January 9, 2004;
(ii) draft CD-1 By-law amendments, 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 amending by-law generally in accordance with Appendix A for consideration at the Public Hearing.
GENERAL MANAGER'S COMMENTS
The General Manager of Community Service RECOMMENDS approval of the foregoing.
COUNCIL POLICY
· CD-1 By-law No. 7230 (#320) for 375 East Pender Street enacted November 9, 1993.
PURPOSE AND SUMMARY
This report assesses an application to amend the CD-1 By-law to increase the maximum height from 4 to 5 storeys, allowing the retention of a 50.4 m² (542 sq. ft.) amenity room built without permit on the roof of the building. Prior to submitting a rezoning application, the applicant obtained acceptance of a building by-law equivalent. This equivalent was accepted by the Chief Building Official subject to additional conditions.
While addressing the unauthorized work, the applicant also proposes the addition of amenity space on the second story of the church building including alterations which will improve the East Pender streetscape. Further amendments to the CD-1 By-law are not required to accommodate this work.
Staff recommend that the application be referred to a Public Hearing and be approved with conditions.
BACKGROUND
In 1993, the site was rezoned to CD-1 for development of the Vancouver Chinese Mennonite Church and adjoining Chinese Senior Home. In 1997, a development permit (DE402564) was issued to allow the addition of approximately 1,810 sq. ft. of amenity space and stair access on the third and fourth floors of the seniors' home. Council approved a revised form of development to reflect the addition proposed. However, the permitted addition was never built. Rather, the current 50.4 m² (542 sq. ft.) addition was built on the roof without authorization.
On April 25, 2001, the district building inspector identified the unauthorized work and initiated enforcement action. The work carried out did not meet the literal requirements of the Vancouver Building By-law. This issue was addressed through an equivalency process which was accepted subject to conditions on December 12, 2002.
DISCUSSION
Density: The 1993 approved form of development did not include amenity space which would be eligible for the standard floor space exclusion based on 10% of the overall floor space calculation. Rather than include this space on the third and fourth floors of the seniors' home as was proposed and approved in 1997, the current proposal is to divide the exempt amenity space into two locations, one being the existing 50.4 m² (542 sq. ft.) structure on the roof of the seniors' home and the other being 84.8 m² (908.5 sq. ft.) on the second floor of the church. The total proposed amount of amenity space, 135.2 m² (1,450.5 sq. ft.), is permitted within the exempt space entitlement of 168 m² (1,810 sq. ft.). No new density is requested with the application.
Form of Development: (Note Plans: Appendix C) Staff are generally supportive of the proposed form and development with further design development as noted in Appendix B.
The CD-1 By-law permits a maximum height of 15.3 m and 4 storeys. The proposed form will include the existing 50.4 m² (542 sq. ft.) amenity room at the 5th storey but will not exceed the 15.3 m maximum height. The existing 5th storey room is set back from the edge so as to be hardly visible from street level.
The rooftop amenity space is a benefit to the resident seniors. While this space may have been better incorporated within the existing 4 storey envelope as permitted under an earlier development Permit, the roof top development provides a unique opportunity for the residents to enjoy the open space provided by a roof deck. The roof of the amenity structure slopes to Dunlevy Avenue effectively limiting its visibility from the street. The limited impact is apparent as no complaints have been made to the City and there has been no response to the posted rezoning sign.
The Pender Street elevation of the church will include a second storey addition, bay windows from main floor level and a redevelopment of the tower at the southeast corner with a pronounced cupola with spire all within the maximum permitted height and density. The addition of a second storey amenity room is well integrated into the building mass and the alterations are a significant improvement over the existing building which will enhance the streetscape to the benefit of the neighbourhood.
Building code issues have been dealt with through the acceptance of an equivalent. If the CD-1 text amendment is approved and enacted, the owner will still be required to obtain development and building permits to rectify any deficiencies and avoid enforcement action.
CONCLUSION
Staff support the height and changes to the approved form of development proposed in this application. The proposal will help to resolve the enforcement action regarding unauthorized work, retain and add to amenity space for the residents and significantly improve the East Pender streetscape. The Director of Current Planning recommends that the application be referred to Public Hearing and be approved with conditions.
APPLICANT'S COMMENTS
The applicant has been provided with a copy of this report and concurs with the contents and conclusions.
* * * * *
APPENDIX A
DRAFT AMENDMENTS TO CD-1 BY-LAW NO. 7230
Note: A By-law will be prepared generally in accordance with the provisions listed below, subject to change and refinement prior to posting.
· Amendment to section 4, Height, to require that the building must not extend beyond 5 storeys (currently 4 storeys).
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 Y.M. May Lee Architect and stamped "Received City Planning Department, January 9, 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) design development to material expression and detailing;
Note to Applicant: Brick cladding and proper detailing are important given the mass and height of the building.
(ii) design development to bays on south elevation;
Note to Applicant: Some depth reduction is necessary for scale.
(iii) design development to west stair tower;
Note to Applicant: Should be set back both for transition to adjacent house and to allow major façade element (east) to stand proud.
(iv) design development to east stair tower and stucco wall facing Dunlevy Avenue.
Note to Applicant: Stair tower is in line with the stucco wall creating a detail problem for which new brick cladding possibly combined with new stucco colour and good joint detail should be considered. Also consider removal of "right angle" windows.
Landscape:
(v) design development to strengthen public realm landscape treatment to mitigate the severity of paved surfacing/building surfaces and to address CEPTED issues, such as graffiti and loitering.
Note to Applicant: Applicant should provide a written design rationale and program for rooftop amenity areas to maximize benefits for occupants, and alter landscape design where necessary;
(vi) applicant to provide a written design rationale and program for rooftop amenity areas to maximize benefits for occupants, and alter landscape design where necessary;
(vii) landscape scheme must ensure that adequate soil depth, irrigation and drainage is provided for proposed trees and shrubs;
(viii) at the discretion of City Engineering Streets Division and Park Board, provide additional street trees adjacent to the development site; and
(ix) provide three small species trees planting beds, and planters adjacent to building. Two trees to be planted in the linear planting strip parallel to East Pender Street, and one tree to be planted in ground level planter in proximity to front door.
Note to Applicant: In the planting bed located in the five foot front yard set back parallel to East Pender Street, substitute two (2) small species trees for proposed Rhododendron standard. Center trees in between bay windows, and move trees away from building a distance of four feet from the building envelope. One tree can be planted in proposed south side 7 x 10 ft. planter. Recommend small species trees such as Japanese maple, Vine maple, Kousa Dogwood, magnolia species. Expand planting beds to accommodate trees where necessary.
(c) That prior to enactment of the CD-1 By-law, the registered owner shall, at no cost to the City:
(i) Make arrangements to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services for clarification of all charges registered in the Land Title Office against title to the lands (a charge summary, including copies of all charges, must be provided) and modification, extension or release of any charges deemed necessary by the Director of Legal Services.
APPENDIX C
Total 17 Pages of Plans (under `pdf' file)
APPENDIX D
PAGE OF 1
APPLICANT, PROPERTY, AND DEVELOPMENT PROPOSAL INFORMATION
Applicant and Property Information
Street Address |
375 East Pender Street and 485 Dunlevy Avenue |
Legal Description |
Lot D, Block 71, DL 196, LMP 12929 |
Applicant |
Y.M. May Lee Architect |
Architect |
Y.M. May Lee Architect |
Property Owner |
Conference of Mennonites in B.C. |
Developer |
Conference of Mennonites in B.C. |
Site Statistics
Gross |
Dedications |
Net | |
Site Area |
850.1 m2 (9,150 sq. ft.) |
- |
850.1 m2 (9,150 sq. ft.) |
Development Statistics