P2
POLICY REPORT
DEVELOPMENT AND BUILDING
Date: June 12, 1996
Dept. File No: 95003-PEM
TO: Vancouver City Council
FROM: Director of Land Use & Development in consultation with the
Director of Community Planning
SUBJECT: Proposed Rezoning of 245-295 Alexander Street
RECOMMENDATION
A. THAT the application by Chandler Rasmussen Architects Inc. to
rezone the site at 245-295 Alexander Street (Lots 51-54 and A
and B, Block 1, District Lot 196 and 4281, Plan 4759 and 4766)
from M-2 to CD-1, to permit an industrial and artist
'live/work' studio development, be referred to a Public
Hearing, together with:
(i) revised plans received April 10, 1996;
(ii) draft CD-1 By-law provisions, generally as contained
in Appendix A; and
(iii) the recommendation of the Director of Land Use and
Development to approve the application, subject to
conditions of approval listed 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, including:
(i) an amendment to the Sign By-law to establish
regulations for this CD-1 site in accordance with
Schedule B (M-2); and
(ii) an amendment to the Noise By-law to include this
CD-1 site in the activity zone established in
Schedule A.
GENERAL MANAGER'S COMMENTS
The General Manager of Community Services RECOMMENDS approval of
the foregoing.
COUNCIL POLICY
Existing Zoning: The M-2 (Heavy Industry) Zoning District Schedule
permits a wide range of industrial activities (Manufacturing,
Wholesaling, Transportation and Storage, and Utility and Communications
Uses), with a maximum floor space ratio (FSR) of 5.0 and a maximum
height of 30.5 m (100 ft.). The M-2 District also permits some
non-industrial uses, including artist 'live/work' studios, but limited
to an FSR of 1.0 on any site.
Policy on Rezoning in Industrial Areas: In July 1990, Council approved
that most industrial lands be retained for industrial use pending
completion of an Industrial Lands Review. Several small industrial
areas (270 acres) not fully-suited for continued industrial use were
designated to be released for new uses, after completion of land use
plans and determination of appropriate development cost charges for
required services and amenities.
North-of-Hastings-Street and Railway Street Industrial Areas: These
areas were designated in July, 1990 to be 'let go' for other uses.
After staff study and public input, they were re-designated in September
1994 as areas to be retained for industrial use under their
long-standing M-2 zoning.
Industrial Lands Strategy: On March 14, 1995 Council adopted a policy
framework to guide City decisions on industrial land. The objective of
the Strategy is to "retain most of the City's existing industrial land
base for industry and service businesses to meet the needs of port/river
related industry, and city-serving and city-oriented industries". The
strategy includes prerequisites and criteria for considering the
rezoning of industrial land. In one of the Strategy's area-specific
policies, the North-of-Hastings-Street and Railway Street areas were
confirmed as areas to be retained for industrial use.
Artist 'Live/Work' Studios: The Zoning and Development By-law was
amended in 1987 to encourage the provision of affordable and appropriate
artist 'live/work' studios. Artist studios and associated residential
units have been permitted in industrial districts as conditional
approval uses and limited to an FSR of 1.0 (3.0 in the IC-3 District).
On March 28, 1995, Council adopted policies to encourage the provision
of legal, safe, functional and affordable artist 'live/work' studios.
While the maximum FSR for artist 'live/work' studios in industrial
districts was not changed, artist studios are now restricted to rentals
in existing buildings and to 'high-impact' art production (i.e., art
production which uses toxic or
hazardous materials or processes, or which involves amplified sound).
To achieve the latter, a proposed By-law distinction between Artist
Studio - Class A and Artist Studio Class B (High-Impact) was referred to
Public Hearing by Council on April 18, 1996.
PURPOSE AND SUMMARY
This report assesses an application to rezone the site at 245-295
Alexander Street from M-2 to CD-1. The proposed development includes
one storey of industrial floorspace at grade, and 153 artist 'live/work'
studios in an L-shaped six-storey development above and fronting
Alexander Street and Gore Avenue. Loading and underground parking would
have access from Gore Avenue.
When staff undertook a review of the North-of-Hastings-Street and
Railway Street 'let go' industrial areas to prepare a plan for future
non-industrial development, discussions were underway regarding a
proposed rezoning of this site. When staff later recommended to Council
that these areas be retained for industrial use, the Director of
Community Planning advised that a rezoning application for this site was
anticipated and that it would be processed within the context of
continued industrial zoning on adjacent M-2 lands to the east.
Submitted in January 1995, this application pre-dates Council adoption
of the Industrial Lands Strategy in March 1995. However, in 1990
Council had established a policy to not favourably consider applications
to rezone industrial lands prior to conclusion of the industrial lands
review. Consequently, staff have applied the objectives and rezoning
criteria in the Industrial Lands Strategy to this application. Staff
have not applied the current artist 'live/work' studio policies because
these were adopted after the application was made. Nevertheless, the
revised policies were used to identify ways in which the application
might better respond to City objectives for artist 'live/work' studios.
On the basis of the evolving policy context during pre-application
discussions and at the time of application submission, staff have
assessed the proposal as a possible 'let go' site in the context of an
M-2 area to be retained for industry. Staff have concluded that the
site has characteristics which make it suitable to consider for
non-industrial development and that the proposed artist 'live/work'
studios can be supported given the industrial space which is also
proposed, the mitigation measures which are proposed for achieving
compatibility with adjoining industry, and the 22 affordable, rental
studios to be given to the City as a public benefit that would minimize
the land value impact of the rezoning.
The Director of Land Use and Development recommends that the application
be referred to a Public Hearing and approved. Draft CD-1 By-law
provisions and draft conditions of approval are provided in Appendix A
and B for this purpose.
BACKGROUND
Site, Surrounding Zoning and Development: The site is located at the
western end of the Railway Street M-2 industrial area. A small 15.2 m
(50 ft.) property immediately west of the site is also zoned M-2, as is
some of the land on which the Main Street overpass is built. CP Rail
and Port lands to the north of the site, and west of Gore Avenue, are
zoned Central Waterfront District (CWD). Portside Park is the principal
use of this part of the CWD (Sub-Area 4). Lands to the south of the
site, across Alexander Street, are zoned Downtown-Eastside Oppenheimer
District (DEOD) which permits light industrial uses, residential uses,
and some commercial and other uses.
(Additional information is provided in Appendix C on the proposed
development, the surrounding zoning and development, and the staff study
and Council decision on the Railway Street industrial area. An aerial
photo of the site and surrounding area is provided on page 2 of Appendix
C).
DISCUSSION
The land uses proposed in this rezoning application are permitted in the
M-2 district, and the total FSR of 4.5 is below the maximum permitted
(5.0). The reason that a rezoning is requested, and the principal
issues raised by the application, stem from the proposed FSR of 3.7 for
artist 'live/work' studios which significantly exceeds the maximum of
1.0 permitted for non-industrial uses on industrial sites.
1.0 INDUSTRIAL REZONING PREREQUISITES: The Industrial Lands Strategy
lists the following circumstances which may warrant consideration of an
application to rezone industrial land:
1.1 the application is based upon CityPlan or other City-initiated
planning process;
1.2 the site is in a 'let go' area, and area policies have been
established for land use and public requirements;
1.3 if the site is located in an area designated for highway-oriented
Retail/Industrial, the application is consistent with the retail
uses that would be permitted there; and
1.4 if the site is located within the False Creek Flats, a rezoning
decision would be made within the context of the City-initiated
planning study.
The application does not satisfy any of these prerequisites. However,
given a commitment to process the application, staff have concluded that
the site may best be viewed as a possible 'let go' site in the context
of an adjacent M-2 area which is now to be retained for continued
industrial use.
2.0 INDUSTRIAL REZONING CRITERIA: Before industrial land is rezoned for
non-industrial use, the Industrial Lands Strategy requires that three
conditions be considered:
2.1 Compatibility with Industrial Activity: The proposed non-industrial
use should not affect the operations of adjacent existing and
potential future industrial activity and should not increase the
value of surrounding land.
2.2 Land Use Suitability: The proposed non-industrial use should comply
with relevant planning policies such as the Central Area Plan and
Artist "Live/Work" Studio Policies.
2.3 Environmental Impacts: The proposed development should comply with
relevant legislation concerning environmental impacts and
mitigation measures.
2.1 Compatibility with Industrial Activity: This criterion involves
three factors: site suitability, land use compatibility, and land value
impact.
(a) Site Suitability: Rezoning approval sometimes leads to the
expectation that rezoning can also be obtained on a similar site
elsewhere. However, the unique characteristics and location of a
rezoned site can avoid its being perceived as a "precedent".
The site, and the adjoining small property to the west at 235 Alexander
Street, have a unique attribute which sets them apart from sites to the
east of Gore Avenue which also abut the CP rail line: the abutting lands
to the north of the site are zoned Central Waterfront District (CWD),
not M-2. Gore Avenue, and its northward extension to the harbour
headline in Burrard Inlet, forms the western boundary of the M-2
industrial district and the eastern boundary of the site.
This feature is significant because lands west of Gore Avenue are not
intended for heavy industry. The Central Waterfront Port Lands Policy
Statement, approved by City Council and also the Vancouver Port
Corporation in February 1994, organizes the Port lands east of Canada
Place to Gore Avenue into three areas: a downtown-oriented area at the
western end, a community-oriented area at the eastern end where Portside
Park is to be maintained as a local amenity, and a transition area
between the two which is compatible with the park and may include
housing.
The site and the small neighbouring site to its west are thus situated
in an unusual circumstance. In comparison to other M-2 properties to
the east, they do not actually abut any port or rail lands which are
zoned M-2. Staff therefore conclude that additional non-industrial use
can be considered on this site without setting a precedent for other
sites. Furthermore, all sites, including the small site to the west,
are subject to new policies not in effect when the application at
245-295 Alexander Street was made.
(b) Land Use Compatibility: The proposed development addresses the
site's opportunities and constraints in relation to industrial land uses
in the surrounding area. The FSR of 0.76 for proposed industrial space
exceeds the size of the obsolete cold storage plant on the site, and
also the average of 0.55 on other industrial sites in the city. This
element of the proposal recognizes that industrial use remains an
appropriate land use abutting the rail
line, the Main Street overpass, and the industrial district east of Gore
Avenue. It also responds to City objectives to retain industrial land
for city-serving and city-oriented industrial uses. The site's
convenient access to Port lands and the downtown area should enable the
proposed development to perform a useful function in this respect.
While the site's location characteristics, described in (a) above,
present an opportunity to consider some additional artist 'live/work'
studios, the site is nevertheless likely to be affected by the noise,
odours, and other impacts of nearby port activities. These potential
impacts on studio livability could lead occupants to complain about and
seek restrictions on surrounding industry. Several measures are
proposed to minimize incompatibility with the neighbouring industrial
uses:
i) The site is large enough, with a depth of 61 m (200 ft.) along Gore
Avenue, that the artist 'live/work' studio floor area can be massed
in L-shaped six-storey development above the podium of industrial
space, and fronting Alexander Street and Gore Avenue, i.e., on the
south and east parts of the site. This massing puts some distance
between the proposed studios and the Main Street overpass to the
north-west and port activities to the north-east. The
double-height storey of industrial space at grade also helps to
buffer the artist 'live/work' studio development above from the
abutting rail line.
ii) All artist 'live/work studios would be constructed to an F2 (Medium
Hazard Industrial Occupancy) Building Code land use classification,
which requires noncombustible, i.e., concrete, construction for a
building of this height.
iii) The noise impacts from adjoining port and rail operations
identified by an acoustic consultant would be mitigated through
various sound attenuation techniques, including construction,
glazing, and ventilation, to comply with Zoning By-law acoustic
requirements.
iv) The potential odours identified by an environmental consultant
would be mitigated through ventilation techniques.
v) The developer proposes to provide legal assurances, through
disclosure statements and restrictive covenants, to protect
surrounding industrial property owners and businesses from
complaints and interference by owners, tenants and strata
corporation on the site.
The proposed impact mitigation measures are comprehensive in scope,
although the last (v) is untried. While it cannot be concluded that
potential incompatibility between artist 'live/work' studios and
industry will be totally avoided, the proposed development would
incorporate all the known mitigation measures which have been effective
on other sites and the use of disclosure statements and restrictive
covenants promises to address the unmitigated incompatibilities which
might remain. Staff recommend that the proposed mitigation measures be
assured through CD-1 By-law provisions and conditions of rezoning
approval, contained in Appendices A and B.
The small 15.2 m (50 ft.) property immediately to the west of the site
would remain zoned M-2, but staff note that the most potentially
dangerous and environmentally incompatible industrial uses are
conditional approval uses in the M-2 district and probably would not be
supported at this location and adjoining the portion of the CWD where
community-oriented uses are encouraged. The developer has advised that
the owner of this small site is neither opposed to the application nor
interested in selling his property to form a larger rezoning site.
(c) Land Value Impact: A site which obtains an increase in maximum FSR
from 1.00 to 3.71 for artist 'live/work' studio use could obtain a
significant economic gain for the developer, and could stimulate
speculative increases in the land value of other industrial sites. This
potential land value impact of rezoning could be minimized by providing
a public benefit on the site as part of the proposed development. The developer initially proposed to maintain 20 percent of the 153
studios as rental studios for a period of 20 years. The developer has
since agreed that 22 studios be given to the City, a City agency or a
City-designated co-op, for providing affordable, rental 'live/work'
studios to low-income, working artists. Provision of this on-site
public benefit is recommended as a conidition of rezoning approval in
condition (i) of section (c) in Appendix B.
The Manager of the Housing Centre supports this element of the
application and will report to Council separately on the matter. The
Manager of Real Estate Services has confirmed that the value of the 22
artist 'live/work' studios approximately offsets the market value of the
additional density requested in the rezoning application and that the
price paid for the site is comparable to surrounding land values (see
Comment on Page 2 of Appendix D).
Based on the foregoing, it is unlikely that surrounding industrial land
values would be increased by approval of this application.
2.2 Land Use Suitability: The non-industrial use proposed in a rezoning
application should comply with relevant planning policies such as the
Central Area Plan and Artist 'Live/Work' Studio Policies.
The application was made two months prior to Council adoption of revised
policies which encourage the provision of legal, safe, functional and
affordable artist 'live/work' studios. While these policies do not
apply to this application, staff have nevertheless reviewed the proposal
in terms of the new policies to ensure an appropriate response by the
proposed development to City objectives (see further discussion in
Appendix C).
The application does respond in part to most of the artist 'live/work'
studio objectives, and staff have identified some additional ways in
which the functionality and livability of the proposed artist
'live/work' studios might be improved. Staff recommend that such
improvements, including additional workshop areas and additional,
separate storage space, be obtained through CD-1 By-law provisions and
conditions of rezoning approval contained in Appendices A and B.
2.3 Environmental Impacts: The proposed development is expected to
comply with relevant legislation concerning environmental impacts and
mitigation measures, such as the Noise By-law, Health By-law, and GVRD
Air Quality Management By-law.
CONCLUSION
This rezoning application seeks an increase in the maximum floor space
ratio permitted for artist 'live/work' studios on this site, from 1.00
to 3.71. This is a substantial increase which raises issues with
respect to precedent, land use compatibility, land value impacts, and
City artist 'live/work' studio objectives.
Given the date on which the application was made, the location
attributes of the site, the industrial floor space which would be
developed, the comprehensive impact mitigation measures which are
proposed, and the 22 studios which would be given to the City to provide
affordable, rental 'live/work studios to low-income, working artists,
staff support the proposed development.
The Director of Land Use and Development recommends that the application
be referred to a Public Hearing and approved, subject to CD-1 By-law
provisions and conditions of rezoning approval listed in Appendices A
and B.
* * *
APPENDIX A
Draft CD-1 By-law Provisions
245-295 Alexander Street
USES
Artist Studio - Class A and Artist Studio - Class B,
Residential Unit associated with an Artist Studio,
Retail and Service Uses, but not exceeding 112 m2 (1,206 sq. ft.),
Industrial Uses, including manufacturing, storage, wholesaling,
provided that these uses are wholly undertaken within a completely
enclosed building, and
Accessary Uses customarily ancillary to the foregoing.
FLOOR SPACE RATIO
The maximum floor space ratio will be 4.5, based on the calculation
provisions of the M-2 District Schedule, including mezzanine area
in double-height space, and excluding amenity areas (such as
meeting room, laundry area, and recreation facilities accessory to
dwelling use) and storage space which is provided below grade.
(Note: Common workshop areas, such as music room, kiln room, wood
shop, metal shop, dark room, or painting studio, are considered to
be ancillary to the principal use, Artist Studio, and will be
included in the FSR calculation.)
BUILDING HEIGHT
The height of a building will not exceed 32.3 m (106 ft.) from the
base surface.
OFF-STREET PARKING, LOADING AND BICYCLE SPACES
As per Parking By-law, except that a minimum of one space shall be
provided for every studio, which can be relaxed to one space for
every two affordable and assured rental studios.
OR
As per Parking By-law, except that a minimum of one space for every
studio of 75 m2 or less of gross floor area, 1.3 spaces for every
studio over 75 m2 of gross floor area and one additional space per
12 studios on sites with 12 or more studios.
ACOUSTICS
The City's acoustical criteria shall apply, and an Acoustical
Consultant's report shall be required which assesses both off-site
and on-site noise impacts and recommends noise mitigating measures.
(Note: An amendment to the Noise By-law will include this CD-1 site
in the activity zone established in Schedule A.)
APPENDIX B
Page 1 of 3
Proposed Conditions of Approval
245-295 Alexander Street
(a) THAT the proposed form of development be approved by Council in
principle, in revised plans generally as prepared by Chandler
Rasmussen Architects Inc. and stamped "Received City Planning
Department, April 10, 1996", 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 functionality of the
artist studios and the building's common facilities,
including but not limited to the provision of:
1) additional common workshop areas, such as music
room, wood shop, metal shop and painting studio,
these areas to be suitably sound-proofed and
ventilated;
2) maximize the opportunity for combining workshop
space in a large multi-purpose room with movable
partitions;
3) extra-wide doors, over-size elevators, and corridor
dimensions which enable large or heavy works of art
or art materials to be easily moved between the
loading area, storage spaces and studios;
4) adequate acoustic measures, ventilation, plumbing
and electrical service in every studio to facilitate
high-impact art production;
5) additional storage space, separate from the studios,
to provide adequate space for the storage of art
materials and works of art; and
6) gardening and/or amenity areas on the rooftops.
(ii) Further design development to respond to previous Urban
Design Panel advice, subject to further review by the
Urban Design Panel at the development application stage,
including but not limited to the provision of:
1) durable exterior materials suitable to the area,
such as brick, on the lower storeys;
APPENDIX B
Page 2 of 3
2) more transparency and contemporary industrial
appearance on the upper storeys;
3) more consistency of design between the south and
east elevations;
4) design and amenity of the rooftop court; and,
5) improved layout of the smaller studios to increase
the livability of their associated residential
space.
(iii) Implement principles of crime prevention through
environmental design (CPTED), through measures such as
the following:
1) reduce or remove all exit alcoves at grade;
2) reduce opportunity for break-and-enter and mischief
on roof decks;
3) clarify internal access from artist studios to
common amenity areas and workshops;
4) provide a comprehensive security plan;
5) reduce opportunities for graffiti on blank walls;
6) provide a locked overhead gate and doors, possibly
with electronic access, to loading and garbage
areas,
7) provide adequate lighting to all areas to reduce
mischief opportunities and fear, and
8) paint parking area walls, ceilings and utility pipes
white to reduce fear.
(c) THAT, prior to enactment of the CD-1 By-law, the registered owner
shall, at no cost to the City:
(i) Execute an agreement, to the satisfaction of the Director
of Legal Services and the Manager of the Housing Centre,
by which 22 artist 'live/work' studios, or 1 312 m2
(14,125 sq. ft.) of floor area, plus 11 parking spaces,
shall be conveyed to the City at no cost to the City,
such studios to provide non-market, rental 'live/work'
space for low-income working artists. Such agreement may
allow for the transfer of all or a portion of these
studios to a City agency or City-designated co-op.
(ii) Execute and register against property title of all strata
units a restrictive covenant, satisfactory to Director of
Legal Services and the Director of Land Use and
Development, providing that owners, including eventual
strata lot owners and the strata corporation(s),
acknowledge and accept:
APPENDIX B
Page 3 of 3
1) that the building is located near a heavy industrial
district (M-2) in which industrial activities,
including rail and port operations, have primacy of
use;
2) that nearby industrial activities should not be
subject to complaints or legal actions, directly or
indirectly, for any operating characteristics and
environmental impacts which conform to the relevant
regulations, including noise, odours, light,
vibrations, and 24-hour operations; and
3) that they have a duty to forewarn all prospective
studio occupants, both purchasers and tenants, of
(1) and (2) above;
(iii) Make arrangements to the satisfaction of the General
Manager of Engineering Services and Director of Legal Services, for
the provision of:
1) curb, gutter and sidewalk on the west side of Gore
Avenue and north side of Alexander Street abutting
the site, and asphalt pavement for half the street
width on Gore Avenue from Alexander Street to the
lane north;
2) street trees adjacent the site;
3) consolidation of the site; and
4) the undergrounding of all utilities from the closest
existing suitable service point.
* * * * *
SITE, SURROUNDING ZONING AND DEVELOPMENT, PROPOSED DEVELOPMENT AND
NON-MAJOR ELEMENTS
Proposed Development The application proposes to replace the obsolete
cold storage plant on the site with a mixed-use development containing
industrial space and artist 'live/work' studios. Development would have
a one-storey, double-height podium of industrial floorspace (FSR 0.76),
a very small amount of space for a retail or service use (FSR 0.03), and
six storeys of artist 'live/work' studios (FSR 3.71) in an L-shaped
development on the south and east parts of the site, fronting Alexander
Street and Gore Avenue. The total FSR proposed is 4.50. (Plans are
provided in Appendix E and additional statistics in Appendix F.)
A total of 153 artist 'live/work' studios are proposed. At least 123
would be strata studios, an average of 75 m2 (806 sq. ft.) in size. As
many as 30 studios, 20 percent of the total, could be rental, an average
of 47 m2 (506 sq. ft.) in size. The developer has agreed to give 22
studios to the City, or City-designated co-op, to provide affordable
studios to low-income, working artists.
The proposed land uses are permitted in the M-2 district, and the total
FSR of 4.5 is below the maximum permitted (5.0). The reason that a
rezoning is requested, and the principal issues raised by the
application, stem from the proposed FSR of 3.7 for artist 'live/work'
studios which significantly exceeds the maximum of 1.0 permitted for
non-industrial uses in industrial districts.
Site, Surrounding Zoning and Development: The site is located at the
western end of the Railway Street industrial area which is zoned M-2
(see earlier map on page 4 and photo on following page). A site at 405
Alexander Street, on the north side of Alexander Street, was rezoned
from M-2 to CD-1 in 1991 for non-market multiple dwelling use.
Lands to the north of the site, and west of Gore Avenue, are zoned
Central Waterfront District (CWD). CWD Sub-Area 4, encompassing CPR and
Port lands west of Gore Avenue to Seymour Street, and including Portside
Park at the east end, permits continuing port and rail uses, new marine
and commercial uses, and some commercial uses on CPR lands after
relocation of the CP railyard. The Central Waterfront Port Lands Policy
Statement approved by City Council, and also the Vancouver Port
Corporation, in February 1994, organizes the Port lands east of Canada
Place to Gore Avenue into three areas: a downtown-oriented area at the
western end of the site near Canada Place, a community-oriented area at
the eastern end, and a transition area between the two which is
compatible with the park and which may include housing (Policy 1.5).
The Policy Statement preserves Portside Park as a local
community-oriented amenity (Policies 6.1 and 1.4).
Aerial Photo of the Site and Surrounding Area
Lands to the south of the site, across Alexander Street, are zoned
Downtown-Eastside Oppenheimer District (DEOD) which permits light
industrial uses, residential uses, some commercial uses, and artist
'live/work' studios. DEOD Sub-area 1 (east and west of Main Street) has
a maximum FSR of 5.0 and a maximum height of 30 m (98.4 ft.) and
Sub-area 4 has a maximum FSR of 2.5 and a maximum height of 15 m (49.2
ft.). Properties along the south side of Alexander Street are developed
with a mix of industrial, residential and institutional uses.
West of Main Street, lands south of port and rail lands are zoned HA-2,
a district in which dwelling uses are permitted, to a maximum FSR of
3.0. Multiple dwelling use has been developed at 131 Alexander Street
(approved in October, 1993).
North-of-Hastings Street and Railway Street Industrial Areas: In July
1990, City Council approved that several small industrial areas in the
city be considered for new uses, particularly housing. City policy for
such 'let go' industrial areas required that individual rezonings not be
considered until a land use plan had been prepared for the area in
question, and development cost charges established for the provision of
services and amenities.
The 270 acres designated 'let go' included the North-of-Hastings-Street
and Railway Street industrial areas. Staff initiated a review of these areas in 1993 and discussed the results with property owners in
February, 1994.
The narrow 12.76-acre Railway Street area lies between the CP rail line
to the north and Alexander Street to the south and extends for five
blocks between Main Street and Heatley Avenue. The area was found to be
primarily in industrial use (76.8 percent). While the small lots and
narrow streets in the area hampered the manoeuvring of large trucks, the
area remained viable for light industry and provided a buffer between
the residential development south of Alexander Street and 24-hour rail
and port operations.
The area has sites which abut the CP Rail line and Port of Vancouver
lands to the north, and sites on Alexander Street which are across the
street from a mix of industrial and non-market residential developments
in the DEOD. The sites on the 300, 400 and 500 blocks of Alexander
Street were identified as "marginally more suitable for residential use"
because they are across the street from a district which permits
residential uses, and because they are buffered from port and rail
operations by development on the north side of Railway Street. One of
these sites, at 415 Alexander Street, had in fact already been rezoned
to CD-1 (270) in January, 1991 for a seven-storey non-market multiple
dwelling development at FSR 3.7, and has since been purchased by the
City and is now developed with the "Jim Green" residential development.
Staff observed several elements in the area which made it unsuitable for
purely residential use:
- noise from industrial, port, and rail operations,
- odours from food processing operations and fumes from trucks and
rail equipment,
- the storage and use of hazardous substances including paints and
flammable gases,
- the rail transportation of hazardous materials (estimated to range
between 20-25 movements daily), and
- visual impacts (i.e. unsightliness) of open storage and port and
rail activities.
Relatively high land costs, a lack of residential amenities, and
difficult social conditions were also observed. The economics of
residential development were also found to be unfavourable and staff
reported that little interest was expressed in developing residential
uses. Staff concluded that the area was not suitable for converting to
purely residential use and they recommended, in a report dated June 30,
1994 (on file), that the area be retained for industry.
In a letter dated July 19, 1994, the property owner of the site at
245-295 Alexander Street disagreed with several observations in the
staff report, particularly that there was little market interest in
developing residential uses in this area. The property owner felt that
a rezoning application for the site, in preparation since March, 1994
and based on Council's earlier 'let go' designation for the surrounding
area, would be jeopardized if Council approved the staff recommendation
to retain the area for industrial use.
By memo to Council dated September 1, 1994, the Director of Community
Planning acknowledged that the site's location at the western tip of
this industrial area presented a somewhat different circumstance and had
been the subject of several inquiries. It was further stated that
unless Council advised otherwise, staff were prepared to process a
rezoning application, if one was submitted, "taking into account the
land use objectives for the area, as well as any site specific site
opportunities and constraints".
On September 15, 1994, Council's Committee on Planning and Environment
approved that the 'let go' designation be removed from the
North-of-Hastings Street and Railway Street areas, and that any future
land use review be guided by the Industrial Land Strategy once it is
approved. Council received the staff memo about the site at 245-295
Alexander Street but offered no advice to staff.
The rezoning application was submitted in January, 1995 under the
assumption by the applicant and developer that it would be processed in
accordance with pre-September, 1994 policies.
The following summarizes the sequence of principal events pertaining to
the Railway Street industrial area, industrial policies, Artist
'Live/Work' Studio policies, and the rezoning inquiry and application at
245-295 Alexander Street.
INDUSTRIAL ARTIST 245-295
DATE LANDS LIVE/WORK STUDIOS ALEXANDER STREET
Feb. 02, 1994 Public Information
Meeting on Railway
Street area
Feb. 17, 1994 Council & Port
Feb. 22, 1994 adopt Central
Waterfront Port
Lands Policies
Mar. 14, 1994 Written rezoning
enquiry
June 30, 1994 staff report on
Railway Street
industrial area
July 19, 1994 Written objection
to report on
Railway St. area
Sept. 15, 1994 Council retains
Railway St. area
for industry
Jan. 30, 1995 REZONING
APPLICATION
Mar. 14, 1995 Council adopts
Industrial Lands
Strategy
Mar. 15, 1995 1st Urban Design
Panel review
Mar. 28, 1995 Council adopts new
A.L/W.S. policies
Jan. 30, 1996 2nd Urban Design
Panel review
Mar. 17, 1996 3rd Urban Design
Panel review
April 18, 1996 Councils refers
proposed By-law
amendments to
Public Hearing
Artist 'Live/Work' Studio Policies: Council adopted new Artist
'Live/Work' Studio Policies in March 1995 to encourage the provision of
legal, safe, functional and affordable artist 'live/work' studios. As
the application was made two months prior to Council adoption of those
policies, the policies do not strictly apply to this application. Staff
have nevertheless reviewed the proposal in terms of the six main
elements of the new policies to ensure that the proposed development
generally responds to City objectives for artist 'live/work' studios:
(1) New policies continue to limit artist 'live/work' studios to a
maximum of FSR of 1.0, but they also provide for density bonuses in
the DD and IC-3 Districts to encourage the provision of artist
'live/work' studios that are affordable for low-income artists.
123 strata studios are proposed, and possibly up to 30 rental
studios. 22 rental studios would be given to the City for the
provision of affordable low-income artist studios, i.e., studios
rented at less than market rents. The total floor area of these
studios, 1 312 m2 (14,125 sq. ft.), is 11.5 percent of total artist
'live/work' floor area proposed on the site.
(2) New policies limit artist studios to existing buildings.
The application proposes to demolish obsolete cold storage
buildings on the site and undertake new construction to provide a
mixed-use development for industrial and artist 'live/work' studio
uses. The amount of new industrial floorspace (FSR 0.76) would
exceed the existing FSR on the site, and also the average FSR
(0.55) of industrial development on industrial sites in the city.
(3) New policies limit artist 'live/work' studios to rental tenure,
with no strata-titling allowed.
The application proposes 153 artist 'live/work' studios, of which
22 to 30, i.e. up to 20 percent, would be rental studios, as
described above (2).
(4) New policies limit artist 'live/work' studios to "high-impact" art
production, i.e. involving electronically amplified sound, toxic or
hazardous materials, or processes such as welding, woodworking,
spray painting, silk screening and fired ceramics (referred to as
Artist Studio - Class B).
The application proposes that all studios be constructed to meet
the requirements of the F2 (medium hazard industrial occupancy)
classification in the Building By-law. This is proposed so that
both low- and high-impact art production can co-exist in the same
building.
Common workshop areas, which are separate from the 'live/work'
studios, are also proposed so that activities using toxic or
hazardous materials, or having other objectionable impacts, can be
pursued in separate space designed to mitigate the impact of
hazardous production processes (i.e. ventilated and sound-proofed).
About 643 m2 (6,921 sq. ft.), 5.3 percent of the net floor area, is
proposed for this purpose.
Staff recommend the provision of additional common workshop areas,
and that such areas be sound-proofed and ventilated [Appendix
B(b.ii)].
(5) New policies specify a minimum and maximum floor area for artist
'live/work' studios, 47 m2 (506 sq. ft.) and 500 m2 (5,382 sq. ft.)
respectively.
The size of the proposed artist studios would generally range from
47 m2 (506 sq. ft.) for the rental studios to 75 m2 (806 sq. ft.)
for the strata studios. Ensuite storage is proposed, but not any
separate storage area.
Staff recommend some additional features to improve studio
functionality, to be ascertained or provided at the development
application stage, including: extra-wide doors, over-size elevator,
and corridor dimensions to enable the movement of large or heavy
art and art materials between the loading bay, storage space, and
studios; appropriate ventilation, plumbing and electrical service
in every studio to permit high-impact art production; and
additional storage space, separate from the studios, to ensure
adequate space for the storage of art materials and completed works
of art [Appendix B(b.ii)].
(6) New policies provide that development permits may be limited in
time for the use and occupancy of artist studios where the scale of
proposed development (12 studios or more) or increased parking may
impact on the viability of surrounding industrial activities.
Time-limited permits will assist in By-law enforcement and ensure
that the use of industrial land is limited to artist studios which
require an industrial location. Surrounding landowners and
businesses would be consulted, as well as the advice of a panel of
artists, before approving or renewing permits. It is also intended
that all artist studios will be inspected on an annual basis.
A time limitation on development permit approval would frustrate
the proposed development and sale of strata artist 'live/work'
studios. However, the artist studios in this development could be
inspected on an annual basis, as the City intends for other artist
'live/work' studio developments in the city, to ensure that they
are used as intended.
The application does not fully meet any of these six artist 'live/work'
studio objectives, however it does respond in part to most of them. The
review has also enabled staff to identify several aspects of the
proposed development which might be revised to improve functionality and
livability, as set out in CD-1 BY-law provisions (Appendix A) and
conditions of rezoning proposal (Appendix B).
Assessment of the rezoning application, utilizing the new artist
'live/work' studio policies, is summarized in the table on the following
page.
ENVIRONMENTAL IMPLICATIONS
The proposed change of use of this existing building, for artist
'live/work' studios, would have few environmental impacts.
SOCIAL IMPLICATIONS
Increased activity on this site would help to reduce safety and security
problems in the surrounding area. The provision of some rental artist
'live/work' studios would help to achieve City objectives to increase
the supply of affordable artist 'live/work' studios.
There are no implications with respect to the Vancouver Children's
Policy or Statement of Children's Entitlements.
CONSEQUENTIAL AMENDMENTS
If the application is approved at Public Hearing, an amendment to the
Sign By-law is needed at the time of enactment to establish regulations
for this CD-1 site in accordance with Schedule B (M-2), and an amendment
to the Noise By-law is needed to include this CD-1 site in the activity
zone established in Schedule A.
Summary Assessment of Proposed Rezoning
at 245-295 Alexander Street
Rezoning Detailed Conditions Criteria
Criteria or Criteria Met (š)
COMPATIBILITY no precedent-setting š
WITH impact
INDUSTRIAL
no impact on adjacent comprehensive mitigation ACTIVITY
existing and potential measures; and
future industry restrictive covenants to
maintain the primacy of
adjoining industry
no increase in š
industrial land values
LAND USE maximum FSR of 1.0; proposed FSR 3.71 for
SUITABILITY artist 'live/work'
10% bonus FSR for studios; 22 studios
(compliance with affordable studios in would be given to City
relevant DD and IC-3 (secured by to provide affordable,
policies, Housing Agreement) rental studios
e.g., Artist
change of use and obsolete building would 'Live/Work'
renovation of an existing be demolished; a greater Studio Policies)
building amount of industrial
floorspace would be
provided
limited to rental tenure at least 22, and
possibly up to 30 rental
studios are proposed
limited to high-impact both low- and
art production, separate high-impact studios are
workshops provided proposed, all designed
to F2 Building Code
classification; common
workshop areas proposed
functional considerations additional, separate
e.g.adequate storage area storage space needed
time-limited x
development permit
ENVIRONMENTAL compliance with Air š
IMPACT Quality Management By-law
MITIGATION (GVRD), Health By-law,
and Noise By-law
COMMENTS FROM THE PUBLIC, REVIEWING AGENCIES AND THE APPLICANT
Public Input: Planning staff mailed a notification letter on
February 22, 1995 to 82 property owners and 125 business license
holders in the surrounding area. The applicant installed an
information sign on the site on March 3, 1995.
Several phone calls and letters have been received. Five
organizations and groups are prepared to support the application for increase FSR if concerns are addressed:
- the artist 'live/work' studios should serve a mix of income
groups, including affordable studios for low-income artists;
- the developer's promise to provide rental studios or
affordable studios should be guaranteed;
- appropriate efforts should be given to providing affordable
studios for low-income, working artists;
- the sale of market studios and rental of the other studios
should give preference to artists presently living in the
Downtown-Eastside or other nearby neighbourhoods;
- common workshop areas should provide enough space, and
different types of workshops, to serve working artists'
needs, including one large, multi-functional space; and
- if market and non-market studios are expected to share
common workshop areas, the fair access by non-market studio
occupants should be guaranteed.
Letters of opposition have been received from B.C. Maritime
Employers Association and the Vancouver Port Corporation. Their
concerns include the following:
- proposal is contrary to the Industrial Lands Strategy and
its policy to retain the Railway Street area for industrial
use;
- proposal is contrary to new Artist 'Live/Work' policies;
- proposed development is incompatible with adjacent industry;
- approval of rezoning will lead to land speculation in the
surrounding area;
- small amount of proposed industrial floorspace is unlikely
to attract traditional industrial users; and
- buffer zone should be maintained between residential use and
noisy, 24-hour port and industrial activities.
Staff note that the application was made prior to Council
adoption of the Industrial Lands Strategy and the new Artist
'Live/Work' Studio policies.
Staff also note the boundary between the CWD and M-2 districts on
Port lands is not Main Street but Gore Avenue one block to the
east. The other matters, particularly the concern about
incompatibility between artist 'live/work' studio use and
industry, are addressed in the report.
Housing Centre: The Manager of the Housing Centre confirms that
22 artist 'live/work' studios are proposed to be given by the
developer to the City at no cost, as set out in condition (i),
section (c) of the rezoning approval conditions (Appendix B).
The Manager of the Housing Centre will report to Council on this
matter in a separate report.
Real Estate Services: The Manager of Real Estate Services has
advised that "the value of the additional density (2.71 FSR) for
artist live/work use us approximately off-set by the market value
of the 22 units proposed to be turned over to the City free of
charge and to remain on the site as a housing benefit in the form
of City-owned affordable and rental artist live/work units. The
amount of developer's profit would increase due to the increase
in floor area and the corresponding risk. However, the profit as
a percentage on costs, after taking into account the 22 free
units to the City, is considered reasonable. The Manager of Real
Estate Services is of the opinion that the price optioned by the
developer for the site is comparable to surrounding industrial
land values".
Principles of Crime Prevention Through Environmental Design:
Police Department staff comment as follows:
This development is located in a high crime impact
environment. Safer environmental design should be focused
at all types of property theft, mischief and nuisance
associated with prostitution and drugs, and fear of
residents. The infusion of a diversity of residential use
above the ground level is considered positive in this
location.
Issues to be addressed at the development permit stage are listed
in rezoning approval condition (iii) in section (b) of Appendix
B.
Comments of the General Manager of Engineering Services: The
General Manager of Engineering Services has no objections to the
proposed rezoning provided that the applicant complies with
condition (iii) in section (c) of Appendix B. The General
Manager of Engineering Services also recommends that parking and
loading spaces be provided as required by the Parking By-law.
Planning staff note that new, higher requirements have recently
been referred to Public Hearing, and that they should perhaps be
considered for this application. The Railway Street industrial
area is generally developed with older, parking-deficient
buildings. Increased parking demand in this area, if not
satisfactorily met, would affect access, circulation, and
on-street parking by local truck traffic and workers. This
alternative requirement is provided in the draft CD-1 By-law for
consideration at Public Hearing (see Appendix A).
Urban Design Panel: The application was supported in a third
review by the Panel on March 13, 1996, but with remaining
concerns listed in rezoning approval condition (ii) in section
(b) of Appendix B.
Applicant's Comment: The applicant has been given a copy of this
report and provides the following comments:
"Pemcor Development Corporation concurs with the Recommendations
and Analysis of this Report and we generally agree with most of
the proposed Conditions. However, we will be studying the
proposed Conditions further, and will provide additional
response, if necessary, at the Public Hearing. We would also
like to compliment the thoroughness of this report, given the
many complex policy and context issues involved with this site
and this proposal.
The property is currently zoned M-2; has existing vacant/derelict
buildings, with no functional nor historic merit. Prior to
Council's adoption of its current industrial land use policies,
the Planning Department agreed in the course of early inquiries
that the site had different context circumstances from its
industrial neighbours to the east. The application itself
predates both the new industrial land use policies and the new
artist live/work policies.
In support of your Report, we would like to summarize for
Council's consideration this rezoning application in four ways:
how the proposal addresses the industrial needs of the site; how
the proposal addresses the needs of Alexander Street at this
location; how the proposal poses no threat to surrounding
industrial uses in the area; and, how the proposal creates an
unprecedented "public benefit" for this type of use.
How The Proposal Addresses Industrial Needs Of The Site:
The proposal has almost a full floor of light industrial uses at
grade, which is equal to, or exceeds the amount of market
industrial that would be constructed on this site in a solely
industrial development. This amount of industrial is very
reasonable given this site is considered to be a fringe
industrial
site at best. The proposed artist live/work uses are
industrially compatible to surrounding industrial uses. Although
artist live/work uses are conditionally permitted in the M-2
zone, this proposal has a greater density for these studios than
is specified in the M-2 By-Law; this is the reason for this
rezoning. A significant benefit of the market live/work studio
density is its ability to subsidize the number of proposed
City-owned artist live/work studios (22), which are to be given
to the City as a "public benefit" exaction.
How The Proposal Addresses The Needs Of Alexander Street:
The proposal serves to assist in "mending" Alexander Street. The
communities of Gastown, west of Main Street, and the Downtown
Eastside Oppenheimer, east of Main Street, are physically
separated in the 100 and 200 blocks of Alexander Street due to
the Main Street overpass "breaking" through the north side of
Alexander Street. This gap in Alexander Street is unfortunate,
as Alexander is an unusual live/work street with Downtown
Eastside vitality: within two blocks to the east and west of this
site are well over 600 residential-type units, as well as
industrial, institutional and office uses. This proposal orients
a large portion of its industrial uses and artist live/work
studios to Alexander Street, which fills in or mends this gap in
the street, provides work uses at grade; and, provides 24-hour
activity and security to this block with its above-grade artist
live/work uses.
How The Proposal Poses No Threat To Surrounding Industrial Uses:
Both the proposed light industrial use and the artist live/work
programme are industrially compatible uses. The project has been
designed to place as much massing as possible away from its north
property line, which is the most sensitive industrial property
line, due to the presence of the rail lines and the Vancouver
Port operations to the north. The artist live/work studios have
also been designed to function with their windows open or closed,
which will increase the ability of the studios to co-exist with
all nearby industrial uses.
The proposal is also offering a full range of legal disclosures
of the surrounding industrial users; and, an unprecedented set of
restrictive covenants to benefit surrounding industrial uses.
These covenants will be binding upon both individual
tenants/owners and the strata corporation(s) and will provide
legal assurances to the rail and port operations that will
protect their current operations.
Our discussions with the City's Housing Centre and Real Estate
Division, have also confirmed that the proposed selling price of
this site is 'price neutral' in its impact on neighbouring
industrial land prices.
Public Benefit:
The proposal offers 22 studios to be gifted to the City as its
"public benefit" exaction. There are also an additional 8
studios offered to the City with an option to purchase at below
market rates for a combined package of 30 studios. These studios
are intended to be used by the City, or City-designated co-op,
and create the opportunities to provide accommodation for truly
economically deprived artists. The ability to deliver such a
large number of economically viable studios to those who have the
greatest need is a major breakthrough for a new artist live/work
project. All occupants of this project, including both strata
and rental occupants will also have access to the numerous
project artist amenities, including: a metal/wood work shop, a
music/dance room, a pottery/kiln room, an equipped dark room, a
lounge and a special storage space associated with these work
rooms."
APPENDIX F
APPLICANT, PROPERTY OWNER AND DEVELOPER INFORMATION
APPLICANT Chandler Rasmussen Architects Inc.
PROPERTY OWNER Transport Holdings Ltd.
DEVELOPER Pemcor Development Corporation
SITE INFORMATION AND STATISTICS
STREET ADDRESS 245-295 Alexander Street
LEGAL DESCRIPTION Lots 51-54 and A and B, Block 1, District Lot 196 and 4281, Plan 4759
and 4766
SITE AREA 3 424 m2 (36,857 sq. ft.)
WIDTH (Alexander Street) 61.110 m (200 ft.)
DEPTH (Gore Avenue) 69.747 m (228.8 ft.)
DEVELOPMENT STATISTICS
DEVELOPMENT DEVELOPMENT PROPOSED
PERMITTED IN PERMITTED IN D.E.O.D. DEVELOPMENT
M-2 DISTRICT DISTRICT
LAND USES Industrial Uses, Light Industrial Uses, Artist Studios and
Other Uses including Multiple Dwellings, associated
Artist Studios and Some Commercial, Residential Units,
associated Cultural, Recreational Industrial Uses,
Residential Units and Retail Uses and
Institutional Uses Service Uses
MAX. FLOOR SPACE RATIO
Industrial 5.0 0.76 Industrial
Other 1.0 0.03 Retail/Service
TOTAL 5.0 1.0 [up to 2.50] 3.71 Artist Studios
4.50 TOTAL
FLOOR AREA
Artist Live/Work Studios 12 054 m2 (129,752 sq. ft.) 82 percent
Retail/Service 112 m2 ( 1,206 sq. ft.) 1 percent
Industrial Uses 2 588 m2 ( 27,858 sq. ft.) 18 percent
TOTAL 14 642 m2 (157,610 sq. ft.)
Note: These figures include floor area of mezzanines in double-height
spaces, and common workshop areas, but not residential amenity areas.
ARTIST STUDIOS
Common Workshop Areas 643 m2 ( 6,921 sq. ft.) 0.19 FSR
Market (Strata) Studios 10 265 m2 (110,495 sq. ft.) 3.00 123 units 80 percent
Rental Studios 1 789 m2 ( 19,257 sq. ft.) 0.52 30 20 percent
TOTAL 12 054 m2 (129,752 sq. ft.) 3.71 FSR 153 units
MAXIMUM HEIGHT 30.5 m (100 ft.) 15.0 m (49.2 ft.) 32.3 m (106.0 ft.)
7 storeys (4 with
mezzanines)
PARKING Existing Requirement New Requirement Proposed Spaces
Artist Studios
Market 1.0/studio 1/studio =/< 75 m2 123 (Market)
Rental 0.5/studio 1.3/studio > 75 m2 15 (Rental)
1/12 studios
Commercial 1/50 m2 3 Commercial
Industrial 1/93 m2 28 Industrial
TOTAL 169 + 10 extra