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.)