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.)