P4 POLICY REPORT DEVELOPMENT AND BUILDING Date: May 16, 1996 Dept. File No. 95042-TWP TO: Vancouver City Council FROM: Director of Land Use and Development SUBJECT: CD-1 Rezoning: 5592-5650 Oak Street RECOMMENDATION A. THAT the application by Neale Staniszkis Doll Adams Architects, to rezone 5592, 5616 and 5650 Oak Street (Lots 11-13, Block 865, D.L. 526, Plan 8170) from RS-1 to CD-1, to permit a 4-storey multiple dwelling at 1.55 FSR, be referred to a Public Hearing, together with: (i) plans received May 1, 1996; (ii) draft CD-1 By-law provisions, generally as contained in Appendix A; and (iii) the recommendation of the Director of Planning to approve, subject to a maximum density of 1.45 FSR and conditions contained in Appendix B. FURTHER THAT the Director of Legal Services be instructed to prepare the necessary CD-1 By-law for consideration at Public Hearing. B. THAT, subject to approval of the rezoning at a Public Hearing, the Subdivision By-law be amended as set out in Appendix D; and FURTHER THAT the Director of Legal Services be instructed to bring forward the amendment to the Subdivision By-law at the time of enactment of the Zoning By-law. GENERAL MANAGER'S COMMENTS The General Manager of Community Services RECOMMENDS approval of A and B. COUNCIL POLICY On May 8, 1989, Council approved the following community development objectives as the basis of the City's social housing policy: - Encourage the distribution of acceptable housing forms and affordable shelter costs equally among all residential neighbourhoods of Vancouver. - Maintain and expand housing opportunities in Vancouver for low and moderate income households, with priority being given to Downtown lodging house residents, elderly people on fixed and limited incomes, the physically and mentally disabled, and single-parent families with children. Council on July 25, 1995 approved the Oakridge-Langara Policy Statement which supports rezoning of sites on the 5400 - 5600 block of Oak Street (East-side) for multiple dwellings at a maximum density of 1.0 to 1.2 FSR with a possible 20 percent bonus (1.45 FSR) for the provision of City desired public benefits. PURPOSE AND SUMMARY This report assesses a second application to rezone three RS-1 zoned parcels to CD-1 to permit development of a four-storey multiple dwelling with a maximum height of 12.2 m (40 ft.) and a revised maximum density of 1.55 Floor Space Ratio (FSR). Six of the 33 dwelling units proposed would be fully accessible rental units. The Vancouver Resource Service would rent the six units to clients needing wheelchair access, thus providing a City desired public benefit. However, the proposed density significantly exceeds the density recommended in the approved Oakridge-Langara Policy Statement. Staff recommend approval, subject to a decrease in maximum FSR to 1.45. DISCUSSION History A rezoning application for this site, for a similar development at a maximum density of 1.7 FSR was considered at Public Hearing and refused on October 20, 1994. That application was accompanied by an application, also refused, to rezone Lots 2-10 on the same block (5430-5576 Oak Street), immediately to the north of this site to permit multiple dwellings at a maximum density of 1.45 FSR. (There is no accompanying application with the current rezoning application.) The Oakridge-Langara Policy Statement had not yet been adopted by Council. In light of a mixed reaction from adjacent property owners, both within and beyond the boundaries of the 5430-5576 Oak Street application, and concerns regarding massing and excessive density proposed for 5650 Oak Street, staff recommended refusal. Community opposition was also apparent from the delegations at Public Hearing. Density The Oakridge-Langara Policy Statement supports rezonings on the east side of the 5400-5600 block of Oak Street to accommodate multiple dwellings comparable in height, density and form to that permitted under RM-4 zoning. A density range of 1.0 - 1.2 FSR was approved in the Policy Statement, with potential to increase the density to 1.45 FSR if a "City-desired public benefit" is provided. This range of density would generate built forms which are comparable to the scale of recently developed multiple dwelling districts, such as Fairview Heights, south of the Vancouver General Hospital. At these densities it is possible to achieve forms which are sensitive to the scale of adjoining houses which may remain in the foreseeable future. The applicant initially proposed a density of 1.7 FSR, which would result in massing more typical of a C-2 Commercial District than an RM-4 District, and offered no transition in scale to the adjoining one-family dwelling, which may remain for some time. A revised scheme, at a density of 1.55 FSR, steps down in scale to accommodate the scale of the adjoining house and of a possible future multiple dwelling on that site. However, from a policy perspective, staff anticipate that approval of a density in excess of that recommended in the Policy Statement would encourage numerous other applications for densities exceeding the approved objectives, both on this block and elsewhere in the area. Furthermore, School Board staff point out that the secondary school demand resulting from the recommended densities approved in the Policy Statement would already be difficult to accommodate. Any further increases in density would create a cumulative demand which is even more difficult to accommodate. Economic analysis indicates that a multiple dwelling could be developed on this site at a normal rate of profit (16%) at a density of 1.25 FSR. The proposed increase is required to offset a deep subsidy of the 6 fully accessible units. The development could proceed at a density of 1.45 FSR and a normal rate of profit if $200,000.00 were added to the project by the Vancouver Resource Society to reduce the extent of subsidy generated by a further density increase to 1.55 FSR. A pending report recommending Development Cost Levies of $3.25 per square foot buildable would require this project to pay approximately $98,000. CONCLUSION Planning staff conclude that the revised scheme would fit in with current and possible future adjoining and nearby development and offers significant social and housing benefits. However, the proposed density of 1.55 FSR would exceed the density of development recommended in the Oakridge-Langara Policy Statement, approved by Council in July 1995. Approval of 1.55 FSR would increase expectations of other property owners, encourage greater overall densities in the area and potentially undermine public acceptance of the Policy Statement. Staff do not recommend increasing the density prescribed for this whole block (5400-5600) in the Policy Statement. Therefore, staff recommend approval at a reduced density of 1.45 FSR. An accompanying IN CAMERA report contains recommendations regarding Community Amenity Contributions. Should Council approve a CD-1 rezoning of this site, a consequential amendment to the Subdivision By-law would be required to remove this site from the maps which accompany Schedule A of the Subdivision By-law. * * * APPENDIX A DRAFT CD-1 BY-LAW PROVISIONS ______________________________ Use - Multiple dwelling containing a maximum of 33 dwelling units. Density - Maximum floor space ratio of 1.55, based on calculation provisions of the RM-4 and RM-4N Districts Schedule, except that a maximum of one balcony for each unit facing Oak Street, enclosed in accordance with the City of Vancouver Balcony Enclosure Guidelines, may be excluded from floor space calculations. Height - A maximum of 12.2 m (40 ft.) or 4 storeys. Setback - A minimum setback of 4.8 m (16 ft.) from the front property line; - A minimum setback of 7.6 m (25 ft.) from the rear property line; - A minimum setback of 3.0 m (10 ft.) from north property line; and - A minimum setback of 2.1 m (7 ft.) from south property line. Parking - Per Parking By-law standard for RM-4 and RM-4N Districts. Acoustics - Per RM-4N District. APPENDIX B Page 1 of 3 PROPOSED CONDITIONS OF APPROVAL ________________________________ (a) That the proposed form of development be approved by Council in principle, generally as prepared by Neale Staniszkis Doll Adams Architects, and stamped "Received City Planning Department, December 28, 1995", 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: (i) design development to improve the character of the roof and eaves; (ii) design development to improve the privacy of units, particularly at grade, along the south end of the building adjacent to the gasoline station; (iii) further development to increase the usability of the amenity room; (iv) design development to improve the safety and surveillance of entries, exits, refuse storage area and pathways; (v) design development to reduce opportunities for theft from the underground parking; (This can be achieved by providing a separate, locked room for bicycle parking and storage in the southeast corner of the garage; and relocating exit stairs from parking to be less visible to people walking or driving by. These exit stairs become an easy access to the underground if they can be easily seen from the street or lane.) (vi) design development to reduce fear in the underground by painting ceilings, utility pipes and walls white; APPENDIX B Page 2 of 3 (vii) applicant to provide new street trees along Oak Street adjacent to the development site. Final spacing of street trees should be coordinated with Kraige Sammsen (871-6131), Engineering, Streets Division prior to Development Permit submission. Street tree species should be coordinated with Bill Stephens (257-8587) of the Vancouver Park Board; (viii) design development to retain the large Douglas Fir located in the southeast corner of the site adjacent to the lane; and (ix) design development to provide front door wheelchair access to each unit and ensure that one toilet is fully accessible in each unit. (c) That, prior to enactment of the CD-1 By-law, the registered owner shall: (i) consolidate Lots 11-13, Block 865, D.L. 526, Plan 8170; (ii) make arrangements to the satisfaction of the City Engineer and Director of Legal Services for paving of the lane north of 41st Avenue from Oak Street east to the east property line of the site; (iii) make arrangements for all electrical and telephone services to be undergrounded within and adjacent the site from the closest existing suitable service point; (iv) execute a legal agreement satisfactory to the Director of Legal Services providing that owners will not discriminate against families with children in the sale of their property; (v) dedicate a portion of the site for widening of Oak Street consisting of the west 2.15 m of Lot 13 and a strip along the west side of Lots 11 and 12, which tapers from 2.15 m at the south property line of Lot 12 to 1.08 m at the north property line of Lot 11; and APPENDIX B Page 3 of 3 (vi) execute the following agreements with the City to the satisfaction of the Director of Legal Services: 1. a 215 Covenant requiring the strata title subdivision of projects; 2. an option to purchase the 6 handicapped units at a nominal price. The City shall have the right to direct that the strata lots go into the name of a nominee, which in all likelihood will be the Vancouver Resources Society. The nominee must grant the City a 215 Covenant that the 6 strata lots will not be separately sold or transferred; 3. a housing agreement by which the 6 handicapped units may only be occupied by severely handicapped people at a rent which is equal to the shelter component of GAIN or 30% of gross income (up to a market rent), whichever is greater; 4. a 215 Covenant: (a) requiring the design and layout of the parkade to accommodate vehicles which transport handicapped people; and (b) requiring that at least one parking space be available for each of the 6 handicapped units at no additional charge; and 5. all agreements shall be drawn to the satisfaction of the Manager of the Housing Centre and Director of Legal Services and registered in priority over all charges which might defeat or delay same in the Opinion of the City's solicitors. APPENDIX D Page 1 of 3 ADDITIONAL INFORMATION Site, Surrounding Zoning and Development This 0.2 ha (0.5 acre) site lies to the north of the lane adjoining the Petro Canada station at West 41st Avenue and Oak Street. It has a 56.2 m (184 ft.) frontage along Oak Street and a depth of 36.6 m (120 ft.). The elevation increases gradually going north along Oak Street and toward the rear of the site. Across the full width lane to the east is the RS-1 zoned B.C. Transit Oakridge bus storage and maintenance facility. To the west across Oak Street is the Louis Brier seniors' care facility with CD-1 zoned garden apartments and RT-1 zoned two-family dwellings to the north. The Jewish Community Centre is around the corner on West 41st Avenue east of Oak Street and there are local commercial uses on the southwest corner of West 41st Avenue and Oak Street. Public Input A notification letter was sent to nearby property owners on February 14, 1996 and rezoning information signs were posted on the site on January 30, 1996. Six phone calls were received from residents. One favoured the proposal. Another requested only that the lane east of Oak Street be paved. Concerns focused on the proposed density, 4-storey height adjacent to one-family and two-family structures and the impacts of extra traffic. Two letters expressing opposition were received from nearby residents stating density, height and traffic impacts as principal concerns. Comments of the Manager of Engineering Services The Manager has no objection to the proposed rezoning, provided that the applicant complies with conditions outlined in Appendix B. Housing Centre Comments VRS (Vancouver Resources Society) is proposing to develop 6 units of housing for the severely handicapped in a 33-unit project at 5650 Oak Street. These will be purchased by VRS at below market value. These units will be leased to their members on an income-tested basis. The 6 units represents a functional minimum to support the necessary level of care; the Province allows for 4 hours of care per person so 6 units permit 24-hours care service. VRS has been trying to develop this module with a market condominium project for some time. The Housing Centre strongly supports this project as it will provide much-needed housing for the physically disabled in an integrated environment. VRS is a non-profit developer which has developed several non-profit projects in the City. This would be their first non-subsidized project for the physically disabled. It is only feasible because of the bonus arrangement proposed, which is consistent with Council instruction to explore bonus opportunities for affordable housing. APPENDIX D Page 2 of 3 Comments of School Board Staff Regarding School Capacity: "1. That site is located within the elementary catchment area of Jamieson School and the secondary catchment area of Eric Hamber. The elementary school is nearing full occupancy at present, in part due to a number of district programs. The secondary school is over capacity, and has been for a number of years. There are six portable on the site. 2. The traffic generated by the project will add marginally to the existing volume but will not have any specific effects on the local schools. 3. If is difficult to comment on the overall effects of the proposed rezoning without taking the development of the sites to the north into account. In total, there may be a significant increase in multi-family housing adjacent to Hamber School which could increase the difficulties in providing suitable educational facilities. 4. There are some concerns about increasing the density beyond the density approved by Council in the Policy Statement. This may set a precedent for other rezoning requests, particularly if the planning exercise has already defined appropriate FSR densities. Without commenting on the merits of this particular development proposal, it is uncertain what criteria will be used to evaluate other requests for increased FSR densities. Even though general policies or development guidelines may be in place for the area, it appears that rezonings may result in even higher densities. Staff note that any increases in students resulting from the redevelopment of this area will be difficult to accommodate at the secondary level. If rezonings in the area result in higher densities than originally planned the potential problems associated with the provision of school space may be increased." Handicapped Issues Committee Comments "That the Special Advisory Committee on Disability Issues is favourably impressed by the inclusion of six very much needed units of accessible housing in the proposed rezoning of 5650 Oak Street; Further that the developers of the 5650 Oak Street project be encouraged to consult with and incorporate the principles of the Adaptable and Accessible Buildings Committee into the remaining 29 housing units in the proposed project." APPENDIX D Page 3 of 3 Urban Design Panel Comment The Urban Design Panel reviewed the previous proposal on April 27, 1994 and supported the proposed use, density, and form of development. Public Benefit There would be a net increase in residential accommodation from 3 dwelling units to 33 dwelling units, 6 of which would be fully accessible rental units, in a location well served by transit, close to the Jewish Community Centre and within walking distance of Oakridge Shopping Centre. ENVIRONMENTAL IMPLICATIONS Nearby access to transit and commercial services may reduce dependence on use of automobiles. SOCIAL IMPLICATIONS There are no implications with respect to the Vancouver Children's Policy or Statement of Children's Entitlements, except that this development creates a requirement for 3.5 childcare spaces. CONSEQUENTIAL AMENDMENT If the proposed rezoning is approved at Public Hearing, an amendment will need to be made to the Subdivision By-law, at the time of enactment, to delete the category "D" standards which were established in 1988 for this site. COMMENTS OF THE APPLICANT The applicant has been provided with a copy of this report and has provided the comments attached as Appendix E. APPENDIX E APPENDIX F APPLICANT, PROPERTY, AND DEVELOPMENT PROPOSAL INFORMATION APPLICANT AND PROPERTY INFORMATION Street Address 5592-5650 Oak Street Legal Description Lots 11-13, Block 865, D.L. 526, Plan 8170 Applicant Tom Staniszkis Architect Neale Staniszkis Doll Adams Architects Property Owner Group Eight Investments Ltd. Developer Vancouver Resource Society SITE STATISTICS GROSS DEDICATIONS NET SITE AREA 2 052 m2(22,088 sq. ft.) 101.25 m2 1 950.8 m2 (20,998 sq. ft.) (1,090 sq. ft.) DEVELOPMENT STATISTICS RECOMMENDED DEVELOPMENT PERMITTED UNDER PROPOSED DEVELOPMENT (if EXISTING ZONING DEVELOPMENT different than proposed) ZONING RS-1 CD-1 USES One Family Multiple Dwelling DWELLING UNITS 3 33 MAX. FLOOR SPACE RATIO 0.60 1.55 1.45 MAXIMUM HEIGHT 9.2 m (30 ft.) 12.2 m (40 ft.) MAX. NO. OF STOREYS 2-1/2 4 PARKING SPACES 3 per by-law FRONT YARD SETBACK 20% = 7.3 m (24 ft.) 4.8 m (16 ft.) SIDE YARD SETBACK (NORTH) 10% = 1.8 m (6 ft.) 3.0 m (10 ft.) SIDE YARD SETBACK (SOUTH) - 2.1 m (7 ft.) REAR YARD SETBACK 45% = 16.5 m (54 ft.) 7.6 m (25 ft.)