P2 POLICY REPORT DEVELOPMENT AND PLANNING Date: October 7, 1996 Dept. File No. MBR TO: Vancouver City Council FROM: Chairman of the Development Permit Board SUBJECT: Preliminary Development Application No. DE401430, 428 West 8th Avenue for Commercial and Artist Live/Work Studio Uses. RECOMMENDATION A. THAT the Development Permit Board be advised that Council supports the artist 'live/work' studio use proposed in Preliminary Development Application No. DE401430, located at 428 West 8th Avenue. B. THAT staff report back to Council on amending the Cambie Street (East Side) C-3A Guidelines to allow consideration of artist 'live-work' studios under appropriate conditions, whereas conventional residential use would continue to be unacceptable. CONSIDERATION (Instead of A and B, above) C. THAT the Cambie Street (East Side) C-3A Guidelines regarding the unacceptability of residential be reaffirmed, acknowledging that this includes artist 'live/work' studios. DEVELOPMENT PERMIT BOARD COMMENT The Development Permit Board, in supporting this referral to Council for advice, notes that this application for additional artist 'live/work' studio units is adjacent to a stable industrial area. Furthermore, there are a number of similar large sites in the vicinity which could be the subject of more applications for artist 'live/work' studios. This could result in a significant 'live/work' residential enclave in an area that Council previously considered "unacceptable" for residential use. Accordingly, Council advice is sought before this application is fully processed. COUNCIL POLICY Council Policy, as reflected in various by-law provisions and guidelines, has been to accommodate development of artist 'live/work' studios in most zones. On September 10, 1996, Council enacted by-law and guideline amendments to artist 'live/work' studio uses, mostly relating to industrial zones. In 1988, Council adopted the Cambie Street (East Side) C-3A Guidelines which apply to this development application and which state; "Because of the importance of the industrial enclave to the east, industrial uses are encouraged to form part of the land uses in this area. Residential uses are considered to be unacceptable in this C-3A district." In 1991, Council adopted the Central Area Plan which removed the Cambie Bridge South area from the Central Broadway "Uptown Office District" and retained it for support services. In 1995, Council approved the Industrial Lands Strategy retaining the Mount Pleasant I-1 district for industry and service businesses. PURPOSE The purpose of this report is to seek Council advice in confirming that Council has no objection to consideration of artist 'live/work' studio use in this sub-area of C-3A, given its proximity to the I-1 industrial area, and to give consideration to amending the guidelines accordingly. This will also confirm the Development Permit Board conditional approval of a preliminary development application for such use at 428 West 8th Avenue. BACKGROUND The C-3A zone allows dwelling uses, including the residential unit associated with an artist studio, as a conditional use and these are generally approved throughout the C-3A zone. The Cambie Street (East Side) C-3A Guidelines relate specifically to this site, stating that residential uses are considered unacceptable in this sub-area due to the industrial I-1 district to the east. Two artist 'live/work' studio projects have been approved in this sub-area: - On November 30, 1995, Development Application No. DE 400003, located at 453 West 6th Avenue in the Cambie Street (East Side) sub-area was issued for commercial and 12 artist 'live/work' studio uses. This application was reported to Council on September 12, 1995, noting that, although the guidelines for the area did not encourage residential uses, staff supported the artist 'live/work' studio use given the industrial/artistic production as an integral part of the residential unit. Council supported this by advising staff to process the application in the normal manner. - On September 19, 1996, Development Application No. DE 400979,located at 2150 Cambie, adjacent to the above noted application, in the Cambie Street (East Side) sub-area, was approved by the Director of Planning for commercial and 31 artist 'live/work' studios. DISCUSSION Preliminary Development Application No. DE 401430 This application, located in the C-3A zone at 428 West 8th Avenue (previously occupied by Mountain Equipment Coop - see map in Appendix A) and submitted by Timothy Ankenman Architects, proposes a new building with 6,660 sq. ft. of commercial use on the ground floor and 81 artist 'live/work' studios on the second to ninthfloor. The artist 'live/work' studios are proposed to be strata-titled and double height volumes have been counted twice for floor space ratio (FSR), resulting in a total proposed FSR of 3.0. Traffic and industry noise will be mitigated through acoustical measures in accordance with the by-law. As part of this application the developer has also offered to take part in an Artist Studio Rental Program for one unit, for a period of 15 years, whereby a chosen artist will be offered occupancy at lower than market rent. Development Permit Board Concern The preliminary development application for 428 West 8th Avenue was dealt with by the Development Permit Board on September 23, 1996. The Board tentatively approved the project, with an array of conditions that will make it compatible with its setting and the City's policies (including a lowering of its height), subject to Council's concurrence that artist 'live/work' studios are suitable for this area, even if conventional residential is not. Minutes of the Development Permit Board are attached in Appendix B. The Board felt Council review of this application is timely for three reasons. - This application, along with previously approved artist 'live/work' projects nearby, could foster further such developments in the sub-area. Is this compatible with Council's views of the area? - The guidelines regarding residential in this sub-area when applied to artist 'live/work' studios are open to varying interpretations, such that the intent of Council needs to be clarified. - The specific application on West 8th Avenue might be seen by Council as negatively affecting the I-1 industrial uses to the east, and therefore might not be supported by Council, even though previous such projects in the area have been supported by Council or the Director of Planning. This is why normal practice is to have Council review each proposal unless the guideline changes to allow consideration of this use. Notification Two signs were erected on the site on August 1, 1996, and 141 letters of notification were sent to neighbouring property owners. Four letters have been received noting the following objections: - excessive height creating view blockage and negative shadowing; - parking and increased traffic; and - the proposal is not in character with the Mount Pleasant Neighbourhood. Staff response to these objections are: - view analysis showed that view blockage will be minimal but a condition to lower the building and improve views through the building massing was imposed by the Development Permit Board; - proposed parking exceeds the parking by-law requirement and is located underground with access off Yukon Street; and - the site is located on the edge of the Mount Pleasant neighbourhood and staff consider that the proposed response to character of this sub-area is appropriate. Staff Assessment of the Cambie Street (East Side) C-3A Guidelines Regarding Residential Use The artist 'live/work' studio use has evolved significantly since 1988, when the Cambie Street (East Side) guideline was adopted by Council. At the time the guideline was written, the reference to residential uses being unacceptable in this sub-area was considered by staff to relate to conventional residential use. Artist 'live/work' studios, by the nature of the industrial studio occupancy as an integral part of the residential unit, are a unique form of dwelling use which are showing a tolerance to industrial processes both from studio to studio as well as from surrounding industrial areas. Therefore, staff considered artist 'live/work' studios would provide a good transition between conventional housing and commercial to the west and the industrial to the east. While there may be particular circumstances where artist 'live/work' studios are not suitable, it seemed appropriate that they be considered in this sub-area. Nonetheless, staff have the following concerns of extensive approval of future artist 'live/work' studios in this sub-area; - complaints from residents on the impacts from surrounding industrial uses, including noise, smells and traffic, thereby eroding the viability of the I-1 industrial enclave to the east; - the area has few residential support services, which limits general livability; and - intensive development could limit land assembly options at some specific locations, for a future north/south rapid transit line, although there is currently no policy on this that can be used in regulating development. Therefore staff propose to review and report back on a guideline amendment which would allow consideration of artist 'live/work' studios with appropriate guidelines at appropriate locations in this C-3A sub-area, while continuing to restrict conventional residential use. In the interim, any applicants for artist 'live/work' studios in this sub-area will be advised that clarification may be required from Council. CONCLUSION The guideline for this sub-area of C-3A suggests that residential uses are unacceptable. Staff consider that artist 'live/work' studio is not a conventional residential use in recognition of the industrial/artistic occupancy integral to each residential unit. On this basis, two previous development applications in this sub-area have been approved. The Development Permit Board approved-in-principle a preliminary development application for 428 West 8th Avenue subject to confirming that Council supports the artist 'live/work' studio use in this location. Staff propose to review an amendment to the Cambie Street (East Side) C-3A Guidelines which would allow artist 'live/work' studios while conventional residential use would remain unacceptable. * * *