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.

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