P4
POLICY REPORT
DEVELOPMENT AND PLANNING
Date: October 8, 1996
Dept. File No. 95032-PEM
TO: Vancouver City Council
FROM: Director of Land Use and Development
SUBJECT: Proposed Rezoning of 5299 Arbutus Street
RECOMMENDATION
A. THAT the application by Hugh Shirley Architect to rezone the
site at 5299 Arbutus Street (Lot 10 & 11, Sub 7, Block 19,
D.L. 526, Plan 4855) from RS-1S to CD-1, to permit a range of
commercial uses in an existing, non-conforming retail
building, be referred to a Public Hearing, together with:
(i) draft CD-1 By-law provisions, generally as contained in
Appendix A; and
(ii) the recommendation of the Director of Land Use and
Development to approve the application, subject to
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 to delete the site from the
maps forming part of Table 1 of Schedule A;
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 CD-1 By-law.
C. THAT, subject to approval of the rezoning at a Public Hearing,
the Sign By-law be amended to establish sign regulations for
this CD-1 site in accordance with Schedule B (C-1);
FURTHER THAT the Director of Legal Services be instructed to
bring forward the amendment to the Sign By-law at the time of
enactment of the CD-1 By-law.
GENERAL MANAGER'S COMMENTS
The General Manager of Community Services RECOMMENDS approval of A,
B and C.
COUNCIL POLICY
City policy for this site is reflected in the RS-1 and RS-1S Districts
Schedule of the Zoning and Development By-law, and also the Subdivision
By-law (standards for minimum parcel width and area for sub-area "D" set
out in Table 1, Schedule A).
PURPOSE AND SUMMARY
This report assesses an application to rezone the site at 5299 Arbutus
Street from RS-1S to CD-1 (the site is outlined on the map below). The
one-storey, retail building on the site is legally non-conforming and
two-thirds of its floor area is vacant. (see plans in Appendix E and
statistics in Appendix F) Because the vacancy has existed for more than
three months, only the uses allowed in the RS-1S district would be
permitted in the vacant space. The rezoning application therefore seeks
approval for a range of commercial and other uses. The floor space
ratio, 0.36, would remain unchanged as no building additions are
proposed.
Many residents in the surrounding area do not support the application.
They have many concerns about the operations of the retail store
(7-Eleven) which has occupied the balance of the building since its
construction in 1982, and they fear the potential impacts of new uses.
Some residents would prefer that the two lots be redeveloped in
conformity with existing RS-1S zoning, as was Council s intent when the
site was rezoned from C-2 in 1981.
Planning staff support the application, given that the existing building
is relatively new and is not out of scale with surrounding development,
and because permanently vacant premises are not appropriate. However,
given the valid concerns of neighbourhood residents about the
compatibility of commercial uses on this site with surrounding
residential development, staff recommend conditions of approval to
ensure that both existing and potential future uses are compatible with
the adjoining residential district.
DISCUSSION
Previous History In 1979, a trend of gasoline service station closures
and site redevelopment raised concerns that new commercial redevelopment
on vacated sites could result in buildings and uses that did not fit
their residential context. In a report dated September 2, 1980,
Planning staff recommended that several vacant, former gasoline service
station sites, including this one, be rezoned to RS-1 or other adjacent
residential zoning.
At Public Hearing in January 1981, Planning staff recommended that this
site be withdrawn from the Director's rezoning application because,
although the site was still vacant, a development permit had recently
been issued under C-2 zoning regulations. Delegations from the
neighbourhood supported the rezoning, and were opposed to some
commercial uses that could be permitted under C-2 zoning. Council
approved rezoning of the site from C-2 to RS-1. The developer proceeded
to complete the permitted development, knowing that it would not conform
to the permitted uses and regulations of the RS-1 district. (Additional
information about this development and the surrounding area is provided
in Appendix C.)
(The site was subsequently rezoned from RS-1 to RS-1S in 1992 as part of
a four-block area immediately north of the Kerrisdale apartment district
where a majority of property owners supported zoning designed to permit
secondary suites.)
Applicant's Rationale One of the two original retail stores on the
site, Color Your World, vacated its premises in October, 1994. The
developer was subsequently unable to find another retail tenant, the
only use permitted in this legally non-conforming building. After three
months had elapsed since the premises were vacated, and since the Board
of Variance was not asked to extend this a further three months, no
retail use of the premises was permitted and it became legally
impossible to rent them as such.
A rezoning application has therefore been made which requests that
"Retail Store" plus other uses be allowed in this existing building.
The applicant identified 45 cultural and recreational, institutional,
office, retail and service uses in the C-2 District Schedule which he
considered appropriate for this site.
Neighbourhood Concerns: Many residents near the site are opposed to
the rezoning application. They have expressed a number of concerns
about the existing 7-Eleven store, some dating back to its opening in
1982:
- congregation and loitering of high school students, resulting in
rowdyism, mischievousness, excessive noise and trespassing;
- littering on site and surrounding streets;
- a portable sign encroaching upon the Arbutus Street sidewalk;
- considerably deteriorated landscape;
- trucks using the city boulevard on West 37th Avenue for deliveries
rather than the loading spaces at the rear;
- very dirty pedestrian walkways and paved parking area;
- signs and lighting too large and too bright;
- poorly-maintained and overflowing garbage containers, and
accumulating rubbish in the unused loading area; and
- considerable graffiti on building, particularly at the rear.
Based on this experience, the neighbours have related fears about
potential new occupants of the vacant space. Many would prefer that the
site be redeveloped for housing under RS-1S regulations. Some would
support the rezoning if the 7-Eleven store was removed and no other
convenience store allowed. Following a public information meeting,
several neighbours volunteered to identify acceptable uses, and
conditions of use, for the site. (Additional discussion in Appendix D.)
Staff Analysis: This rezoning application poses a difficult dilemma. On
the one hand, Permits and Licenses staff and the Vancouver Police
Department have confirmed the validity of most neighbourhood concerns.
(The property owner was subsequently advised of several violations of
various City by-laws and most of these have now been resolved. Police
Dept. staff comments are in Appendix D.)
On the other hand, the existing building is relatively new, and its
scale does not overwhelm the surrounding neighbourhood but fits its
context better than would a four-storey building which might have been
developed under former C-2 zoning. Considering its proximity to
residential development and a healthy commercial strip, and given its
location on a major arterial street, it also seems unreasonable and
inappropriate that retail space should remain vacant for the life of the
building.
Planning staff have considered the suggestions made by the neighbourhood
group and the recommendations of the Police Department staff. Staff
believe that implementation of many of these recommendations will ensure
that the existing retail store and potential new uses are compatible
with the surrounding residential neighbourhood. Planning staff are thus
prepared to support a rezoning that would provide some flexibility in
land uses permitted on the site, but with CD-1 By-law provisions and
conditions of rezoning approval to address neighbourhood and staff
concerns:
- the list of proposed uses has been pared down to exclude uses which
could easily be incompatible with adjacent residential uses, or
which would not have adequate parking on site;
- approval any development application would depend upon confirmation
that existing development complies with all City by-laws and
conforms with the approved landscape plan;
- all uses would be conditional and therefore may be subject to
conditions of use and may involve public input;
- measures would be required to prevent any objectionable impacts
with respect to noise, safety, traffic, parking and loading, and
any related factors that could adversely affect the adjoining
residential area;
- development permits for non-dwelling uses may be limited in time
and subject to review before renewal, to ensure that conditions of
use have been adequate to address impacts; and
- the site's potential for RS-1 development would be retained. (The
draft CD-1 Bylaw provides that the RS-1S regulations for one- and
two-family dwellings would continue to apply, and neither site
consolidation nor dedication to the City of the building line
setback area are being requested.)
Planning staff do not agree with neighbours and Police Department staff
that the 7-Eleven store should be removed and other similar convenience
stores not be permitted. Throughout the city, commercial zoning
districts offer ample opportunity for various types of retail stores
near secondary schools, including convenience stores. In fact, if the
7-Eleven store was removed from this site it could simply relocate to a
site in the C-2 district south of West 37th Avenue.
Planning staff also disagree that video games and other machine games
played for amusement should be removed from the 7-Eleven store and not
be allowed on the site. Although an "Arcade", containing four or more
such machines, is a conditional approval use in the C-2 District,
other uses are permitted to have up to three such machines. Not
allowing them on this site would not prevent them on C-2 sites south
of West 37th Avenue. Staff also believe that the various other
conditions of use and conditions of rezoning approval which are
recommended should be sufficient to ensure the neighbourhood
compatibility of existing and new uses.
CONCLUSION
Planning staff support this application and recommend that it be
referred to a Public Hearing with a recommendation from the Director of
Land Use and Development to approve it, subject to draft CD-1 by-law
provisions generally as shown in Appendix A, and proposed conditions of
approval listed in Appendix B.
* * *
APPENDIX A
Page 1 of 2
Draft CD-1 By-law Provisions
5299 Arbutus Street
USES
One-Family Dwelling and Two-Family Dwelling, subject to the
provisions of the RS-1 and RS-1S Districts Schedule;
Institutional Uses, but limited to Child Day Care Facility and
Social Service Centre;
Office Uses;
Retail Uses, but limited to Furniture or Appliance Store, Grocery
or Drug Store, and Retail Store;
Service Uses, but limited to Animal Clinic, Barber Shop or Beauty
Salon, Laundromat or Dry Cleaning Establishment, Photofinishing or
Photography Studio, Print Shop, Repair Shop - Class B, School -
Arts or Self-Improvement, and School - Vocational Trade; and
Accessory Uses customarily ancillary to the above uses.
CONDITIONS OF USE
If the building is damaged or destroyed by fire to the extent of
sixty percent or more of its value above its foundations as
determined by the City Building Inspector, it shall not be repaired
or reconstructed and any new use or development of the site shall
be limited to dwelling uses as permitted in the RS-1S District.
Development permits for any non-dwelling use may be limited in
time, as determined by the Director of Planning, who may seek the
advice of surrounding residents.
Appropriate measures should be taken to the satisfaction of the
Director of Planning, who may seek the advice of surrounding
residents, to prevent any objectionable impacts with respect to
noise, safety, traffic, parking and loading, and any related
factors which could adversely affect the adjoining residential
area.
Any additional ventilation or related equipment on the site or roof
should be modest in size, visually screened, and produce no
objectionable noise or other disturbance.
APPENDIX A
Page 2 of 2
FLOOR SPACE RATIO
The maximum floor space ratio will be 0.6, as per RS-1 regulations,
except that non-dwelling uses will be limited to 542 m2 (5,834
sq. ft.), as per C-2 regulations.
BUILDING HEIGHT
The height of a building will not exceed 9.2 m (30.2 feet) from the
base surface, or 2 1/2 storeys, except that a building approved for
a non-dwelling use will be limited in height to one storey and will
not exceed 5.4 m (17.6 ft.) from the base surface.
PARKING, LOADING, PASSENGER LOADING, AND BICYCLE PARKING
Off-street parking, loading and bicycle spaces will be provided in
accordance with the applicable provisions of the Parking By-law.
* * * *
APPENDIX B
Page 1 of 2
Proposed Conditions of Approval
5299 Arbutus Street
1. THAT the existing form of development be approved by Council, as
illustrated in plans prepared by Hugh Shirley, Architect, and
stamped "Planning Department, Received, October 2, 1980", and
approved on October 9, 1980 as a Minor Amendment to Development
Permit DP86031 which was issued on February 25, 1980. 2. THAT, prior to approval by Council of the form of development, the
applicant shall obtain approval of a development application for
the use of the presently vacant premises by the Director of
Planning who shall have regard to the following:
(i) principles of crime prevention through environmental design
(CPTED), including the following suggestions for improving
the environmental design and operation of the existing
retail store:
(a) relocate garbage away from neighbours and increase pick
up frequency,
(b) treat blank walls for graffiti,
(c) extend fence on the west property line to the front
property line, (Note: Consideration should also be
given to extending this fence and enclosing the rear
loading and garbage container area so that it be
secured at all times when deliveries to loading bays or
trash pick up are not in progress -- to discourage the
use of this somewhat hidden lane area by youths for
undesirable activities.)
(d) maintain a high standard of maintenance and graffiti
removal on the entire property,
(e) provide formal surveillance and signage to minimize
loitering, and
(f) limit commercial uses to those which serve residents in
the local neighbourhood without seeking to specifically
attract school-age youth;
(ii) confirmation that existing development complies with the
Untidy Premises By-law, Standards of Maintenance By-law,
Graffiti By-law and Parking By-law, and a plan for
maintaining compliance with these City requirements,
incorporating daily litter patrol within a one-block radius
of the site; and
APPENDIX B
Page 2 of 2
(iii) confirmation that existing landscaping and development
complies with the approved landscape plan (approved with
DP86031 and amended October 9, 1980) or a new landscape plan
to be approved by the Director of Planning, including
provision of a reasonable amount of green planting and other
surface treatments, recognizing the heavy foot traffic that
affects the health of plants (areas of compacted dirt, dead
plants and similar conditions should be eliminated), and
improved maintenance and pruning of overgrown landscaping to
reduce opportunities for loitering in bushes adjacent to the
neighbouring property.
3. THAT, prior to enactment of the CD-1 By-law, and at no cost to the
City, Tonecraft Corporation shall make arrangements, to the
satisfaction of the Director of Legal Services, in consultation
with the Director of Land Use and Development, for the following:
(i) telephone booth(s) to be relocated away from the 7-Eleven
store and abutting residential development and nearer to
Arbutus Street and street lighting; and
(ii) new telephone or electrical services to be undergrounded
within and adjacent the site from the closest existing
suitable service point.
* * * *
APPENDIX C
Page 1 of 2
ADDITIONAL INFORMATION
1. SITE, SURROUNDING ZONING AND DEVELOPMENT
The site is located on the west side of Arbutus Street at the north-west
corner of Arbutus Street and West 37th Avenue (see map on page 2 of the
report). The north and east boundaries of the Kerrisdale RM-3 apartment
district are nearby, half a block to the south. The site is also
located at the northern end of the C-2 district which borders the west
side of West Boulevard.
The small four-block area from Arbutus Street west to Vine Street, and
between the lane south of West 37th Avenue and West 36th Avenue to the
north, is zoned RS-1S. Development on the south side of West 37th
Avenue includes an older, non-conforming apartment building.
Residential areas beyond that are generally zoned RS-1, and RS-5 on the
east side of the rail line and East Boulevard.
Two schools are located nearby, Point Grey Secondary School at 5350 East
Boulevard and Quilchena Elementary School at 5300 Maple Street. Current
enrolments are estimated to be 1,260 and 320 respectively.
One of fourteen greenways in the City Greenways Plan (adopted by Council
in October, 1995), Ridgeway, extends from about Killarney Street to the
east along 37th Avenue up to Arbutus Street where it turns north and
northwest to connect with Quesnel Drive and terminates at Camosun Street
and West 18th Avenue.
2. SITE AND EXISTING DEVELOPMENT
When the zoning on the site was C-2, a development application was
submitted in November, 1979 to construct a two-storey retail/residential
building on this corner site. This application was revised, and in
February, 1980, a development permit (DP86031) was issued for a
one-storey retail building, 720 m2 (7,750 sq. ft.) in size, with 16
parking spaces to be provided.
In May, 1980, a development application was made to change the use of
258 m2 (2,780 sq. ft.) for an auto-repair shop and to add 377 m2 (4,058
sq. ft.) retail floor area. This application was refused in July, 1980
for the reason the proposed auto-repair shop is considered to be
inappropriate for this location having particular regard to its
proximity with the residential neighbourhood and numerous objections of
neighbouring property owners and residents.
A minor amendment to DP86031 was approved in October, 1980 to reduce the
floor area to 596 m2 (6,412 sq. ft.) and increase the number of parking
spaces to 18. Building permits to demolish the existing gasoline
service station and to construct the new retail
APPENDIX C
Page 2 of 2
building were issued in January, 1981. The building subsequently
constructed has a total net floor area of 542 m2 (5,834 sq. ft.). An
occupancy permit was issued in April, 1982. The building was
subsequently occupied by a convenience grocery store (7-Eleven) and a
paint store (Color Your World), 202.5 m2 (2,180 sq. ft.) and 339.5 m2
(3,654 sq. ft.) in size respectively (37 and 63 percent of total floor
area).
In 1980, Imperial Oil Ltd. leased the site to Tonecraft Corporation,
which developed the present building on the site. The lease expires in
September, 2020. In 1987, Imperial Oil Ltd. sold the site and lease
obligation with Tonecraft to the present owners. Tonecraft Corp. states
that the lease with 7-Eleven (Southland Canada Inc.) expires on October
31, 2001, but that Southland has first option on two additional
consecutive 5-year leases.
In September, 1982, the Standing Committee of Council on Community
Services considered a petition from surrounding residents about the
noise and vandalism problems associated with the 24-hour operations of
the 7-Eleven store. 7-Eleven volunteered to permanently restrict the
hours of this store from 6:00 am to 12:00 a.m.
3. ENVIRONMENTAL AND SOCIAL IMPLICATIONS
The proposed rezoning will neither detract from nor contribute to the
City's objective of reducing atmospheric pollution.
The proposed rezoning may have some implications with respect to
Vancouver's Children's Policy and the Statement of Children's
Entitlement. With respect to the first, the City of Vancouver will,
among other things, ensure that neighbourhoods are planned and
maintained in a manner that provides safe, secure and supportive
environments for families and children. With respect to the second,
all children are entitled, among other things, to freedom from family
and societal violence, physical and sexual abuse or exploitation,
neglect, emotional harm and abandonment and protection from these as
needed.
The neighbours have complained, and the Vancouver Police Department has
confirmed, that the 7-Eleven store has a relatively high incidence of
disturbances, fights, annoying persons, mischief, and suspicious
circumstances. Approval of the rezoning application with conditions to
ameliorate the neighbourhood compatibility of existing and new uses on
the site has some likelihood of increasing the physical and emotional
safety of children. The removal of video games, periodic graffiti
removal and landscape maintenance, relocation of telephone booths to a
more open and well-lit area, use of the rear loading zone for
deliveries, a daily litter patrol, and related measures should reduce
opportunities for mischief and bad example by teenagers towards
children.
COMMENTS FROM REVIEWING AGENCIES, THE PUBLIC, AND THE APPLICANT
Engineering Services: The Manager of Engineering Services advises that
he has no objection to the proposed rezoning provided that any new
telephone or electrical services are undergrounded within and adjacent
the site from the closest existing suitable service point.
The Manager of Engineering Services has also advised that Recycling
Depot, which is in the list of uses proposed by the applicant, should
not be considered since the property abuts a residential area. Planning
staff agree, and have not included this use in the recommended list of
uses. Planning staff have also not included in this list any use which
has a greater parking requirement than can be provided by existing
development on the site, e.g. Fitness Centre.
The Arbutus Street Building Line presently affects the site, 5.2 m (17
feet) from the east property line, an area within which no development
is permitted. Engineering Services staff have considered whether this
portion of the site should be dedicated to the City for a future road
widening. However, as existing development provides a landscaped
setback in the building line area, Engineering Services does not
recommend the area be obtained as a condition of rezoning approval.
Engineering Services staff have also subsequently agreed with Planning
staff that consolidation of the site s two parcels is not necessary,
given the configuration of existing development on the site. By
retaining the two parcels in their present configuration, the potential
for One-Family Dwelling or Two-Family Dwelling development on the site
is retained.
Principles of Crime Prevention Through Environmental Design: The
Vancouver Police Department comments as follows:
Although the general area is a low to medium crime impact
environment, calls for service surrounding this location are high
and include noise disturbance, fights, annoying persons, mischief,
suspicious circumstances. This appears to coincide with the
community comments.
Traditionally, convenience stores located in close proximity to
high schools present a great challenge for the operators to keep
the impacts on direct neighbours to a minimum. Complaints from
neighbours show that neighbourhood disturbances have presented a
continual challenge over an extended period. This facility appears
to be catering to youth with three video games (but does not appear
to sell single cigarettes). Slushy machines cater to a wide variety
of people but are also particularly attractive to youth.
If a choice were presented, continued operation of this convenience
store in this location (next to a high school) is not supported by
the Vancouver Police Department and the CPTED planner.
Suggestions for improving the environmental design and operation of
the existing facility are outlined below:
a) relocate garbage away from neighbours and increase pick up
frequency;
b) treat blank walls for graffiti (contact 873-7162 for
information and resource);
c) improve maintenance and pruning of overgrown landscaping to
reduce opportunities for loitering in bushes adjacent to
neighbour;
d) extend fence to the front property line at the adjoining
property to the west;
e) set a high standard of maintenance and graffiti removal on
the entire property;
f) relocate telephone booths away from the convenience store
and away from neighbours (i.e. locate them nearer to Arbutus
Street);
g) provide formal surveillance and signage for keeping
loitering to a minimum;
h) remove video machines; and
i) carry products that cater to commuters and neighbours rather
than youth.
Planning staff have incorporated most of these recommendations in the
proposed conditions of rezoning approval, except for the recommended
closure of the 7-Eleven store or the removal of video games in the
7-Eleven store.
Planning staff do not agree that retail convenience stores should not be
permitted next to high schools. Throughout the city, commercial zoning
districts offer ample opportunity for various types of retail stores
near secondary schools, including convenience stores. In fact, in the
present circumstances, 7-Eleven could simply relocate to a site in the
C-2 district south of West 37th Avenue.
Planning staff also disagree that video games and other machine games
played for amusement or entertainment be removed from the 7-Eleven store
and not be allowed on the site. Although an Arcade , containing four
or more such machines, is a conditional approval use in C-2 District,
other uses are permitted to have up to three such machines. Not
allowing them on this site would not prevent them on C-2 sites south of
West 37th Avenue.
Public Input: On October 31, 1995, staff mailed a notification letter
to 137 surrounding property owners within approximately two blocks of
the site. The applicant installed an application information sign on
the site on November 2, 1995.
Staff received many telephone calls and some letters from surrounding
residents querying and opposing the application. They expressed a range
of complaints about the 7-Eleven convenience store on the site:
1) high school students from Point Grey Secondary School congregate
and loiter in large numbers in front of the store, and
occasionally at the rear garbage container and loading bay area --
resulting in rowdyism, mischievousness, littering and trespassing;
2) there is frequent litter on the surrounding streets and 7-Eleven no
longer honours a previous agreement to patrol daily within a
one-block radius;
3) a portable sign advertising a hot-dog stand in the store encroaches
upon the Arbutus Street sidewalk;
4) landscaping in the setback areas of the site is deteriorated,
particularly in the south-west corner which, with the city
boulevard, is used by delivery trucks rather than the two loading
spaces at the rear of the site;
5) the hard surfaces, including both the paved vehicular area and
concrete pedestrian walks, are very dirty;
6) the signs and lighting are too large and bright for a residential
area;
7) the garbage containers are not well-maintained, with garbage
spilling onto the ground and into the lane and a significant amount
of rubbish in the unused loading area; and
8) there are considerable graffiti on the building, particularly on
the north wall and in the loading area.
Planning staff referred these complaints to the Permits & Licenses
Department and Engineering Services, which addressed those that City
By-laws can regulate (3, 4, 6, 7, and 8 above). Official City requests
to remedy these situations were made and have been complied with.
Planning staff also advised the applicant to consult with the
neighbourhood about the proposed rezoning. The applicant and developer
held a public information meeting on January 23, 1996, with Planning
staff in attendance. About 30 residents attended the meeting. Most
were much opposed to the rezoning, based on strong concerns about the
existing store (as summarized above). They expressed reluctance to
consider continued commercial use of the site, and a preference that the
lease with 7-Eleven be terminated at the earliest opportunity and the
site be redeveloped with housing. Many were angry to hear that
Tonecraft Corporation had sought a 24-hour video outlet as a tenant for
its vacant space.
The applicant invited residents to review the list of proposed uses for
the site and to suggest any amendments plus conditions of use to ensure
that an expanded range of uses would be compatible with adjoining
residential use. Several residents volunteered to undertake this review
on behalf of the neighbourhood. In a letter dated May 5, 1996 (on
file), they state that the neighbourhood remains opposed to the rezoning but, in the event that Planning staff support it and recommend it to
Council, that several neighbourhood recommendations be considered.
First, concerning the existing 7-Eleven store, the neighbourhood makes
the following suggestions:
1) "If the store remains on the premises, then the CD-1 By-law should
include a condition that such a use no longer be permitted after
the present lease runs out."
Staff do not support this suggestion, just as they did not support a
Police Department staff recommendation that the 7-Eleven store be
removed (see discussion on page 2 of Appendix D).
2) "The existing site landscaping should be significantly improved in
a manner to provide a reasonable amount of green planting and other
surface treatments, recognizing the heavy foot traffic that affects
the health of plants (areas of compacted dirt, dead plants and
similar conditions should be eliminated)."
Staff recommend that the applicant should confirm compliance with the
approved landscape plan (part of the plans approved under DP86031 and
amended October 9, 1980), or an alternative landscape plan to be
approved by the Director of Planning, incorporating such measures as
suggested above. [See Appendix B, condition 2(iii)]
3) "The store should establish and maintain a minimum daily standard
of maintenance for its site and the surrounding sidewalk areas
(i.e. litter)."
Staff recommend that the applicant should confirm compliance of existing
development with Untidy Premises By-law, Standards of Maintenance
By-law, Graffiti By-law and Sign By-law, and should submit a plan for
maintaining future compliance, including a daily litter patrol within a
one-block radius of the site. [See Appendix B, condition 2(ii)]
4) "The west side yard and rear area of the site should be fenced off
with some type of chain link system and secured at all times when
deliveries to loading bays or trash pick up are not in progress (to
discourage the use of this somewhat hidden lane area by youths for
undesirable activities)."
This suggestion is incorporated in the recommended approval conditions.
[See Appendix B, condition 2(i)(c)]
5) "The illumination in the 7-Eleven signage and the parking area
lighting should be adjusted so that it is less harsh as viewed from
the east."
Permits & Licenses Department staff have confirmed that signage conforms
to Sign By-law provisions for a C-2 site in effect at the time of
approval. Planning staff recommend that any future signs on the site be
regulated by provisions for C-1 districts rather than C-2 districts.
Staff note however that the size and illumination of fascia signs is the
same in C-1 and C-2 districts, whereas standards for projecting and
free-standing signs are more stringent in the C-1 district.
Second, concerning proposed new uses on the site, the neighbours make
the following recommendations should Council consider approval of this
application:
1) "Uses that operate primarily during regular business hours (8 a.m.
- 6 p.m.) are preferred to 24-hour operations."
The City and other municipalities are no longer able to regulate store
closing hours. However, if a development applicant wishes to volunteer
restricted store operating hours, a letter of undertaking will be
accepted as a condition of development permit issuance.
2) "Professional office uses such as legal, medical or dental,
insurance, and real estate are preferred to another convenience
store, fast-food outlet, restaurant, sex shop or massage parlour,
second-hand store, video arcade, video or other media sales or
rental shop, a motor cycle or motor vehicle related store, a pop
shop or any store that is specifically geared to adolescents or
teenagers, generates a very high traffic volume, or creates
excessive noise, odours, or other disturbance."
With four exceptions, these uses, and others which staff agree are
inappropriate, have been excluded from the list of uses in the draft
CD-1 By-law provisions (see Appendix A). Convenience store, video or
other media sales or rental shop, and pop shop or any other store
geared to teenagers are included within the Zoning and Development
By-law definition of retail store and would be permitted, but subject to
CD-1 By-law conditions of use and conditions of rezoning approval to
ensure their compatibility with the surrounding residential area.
3) "New or revised signage or architectural modifications should be
restrained and inoffensive to the surrounding residential property
users and owners, including the tenants of the a p a r t m e n t
building to the south.
Overly bright site or
graphic lighting is
n o t w a n t e d .
Advertising structures
or applications
outside of the
existing building
(such as a large
inflated dummy) or
added to the exterior
building walls (wall
murals or reliefs) are
not acceptable."
As discussed earlier, staff recommend that signs on the site be
regulated by Sign By-law provisions for C-1 districts. Staff also note
that no building additions or alterations are proposed in this
application. Alterations will be possible, but they will also be
subject to development permit approval.
4) "Any additional ventilation or related equipment on the site or
roof should be modest in size, visually screened, and produce no
objectionable noise or other disturbance."
A condition of use to this effect is included in the draft CD-1 By-law
provisions (see Appendix A).
5) "Should the existing building suffer significant damage, or after a
given period of time, the CD-1 zoning would become null and void
and the site should revert back to existing zoning (RS-1S)."
CD-1 zoning could only revert back to RS-1S following a public hearing
at a future date to rezone the site, and Council cannot bind a future
Council to approve such a change. However, the draft CD-1 By-law
provisions recommended by staff respond in part to this neighbourhood
recommendation: (See Appendix A)
- non-dwelling uses may be limited in time and may not be renewed by
the Director of Planning if the use has been problematic;
- only one-family dwelling and two-family dwelling uses are permitted
if the existing building is damaged or destroyed by fire to the
extent of sixty percent or more of its value above its foundations;
and
- there is opportunity to develop a one-family dwelling or two-family
dwelling at any time at the owner s discretion.
Applicant's Comments:
The applicant was given a copy of this report on October 8, 1996 and
subsequently advised that he has read the report and agrees with its
recommendation.
APPENDIX F
APPLICANT AND PROPERTY OWNER INFORMATION
APPLICATION BY Hugh Shirley, Architect
PLANS BY Hugh Shirley, Architect
PROPERTY OWNER Wing Tang and William Tang
DEVELOPER Tonecraft Corporation
SITE INFORMATION AND STATISTICS
STREET ADDRESS 5299 Arbutus Street
LEGAL DESCRIPTION Lots 10 & 11, Sub 7, Block 19, D.L. 526, Plan 4855
SITE AREA 1 643.9 m2 (17,695.4 sq. ft.)
WIDTH 39.2 m (128.5 ft.) [2 x 19.6 m (64.3 ft.)]
DEPTH 41.9 m (137.6 ft.)
DEVELOPMENT STATISTICS
PERMITTED DEVELOPMENT EXISTING DEVELOPMENT
(RS-1S District) (approved under C-2
regulations)
LAND USES One-Family Dwelling Retail Store
Two-Family Dwelling
MAXIMUM 0.6 0.362
FLOOR SPACE RATIO
TOTAL FLOOR AREA 596 m2 (6,412 sq. ft.)
MAXIMUM SITE COVERAGE 40 % 36.2 %
MAXIMUM HEIGHT 9.2 m (30.2 ft.) 5.4 m (17.6 ft.)
MAX. NO. OF STOREYS 2 1/2 1
FRONT YARD SETBACK 20 % of site depth
from West 37th Ave. [i.e. 8.4 m (27.5 ft.)] 4.6 m (15.2 ft.)
SIDE YARD SETBACKS 11 % of site width (for 1.5 m (5 ft.) setback
from east and west lot width of 19.6 m) from west property line,
property lines [i.e. 2.2 m (7.1 ft.] 5.4 m (17.6 ft.) from
east property line at
Arbutus Street
Note: There is a 5.2 m (17 ft.) building line from
Arbutus Street.
REAR YARD SETBACK
from north property 45 % of site depth
line [i.e. 18.9 m (62 ft.)] 1.2 m (4 ft.)
PARKING 1/dwelling, but max. 5 18
spaces on site wider
than 14.5 m at rear