P3
POLICY REPORT
DEVELOPMENT AND BUILDING
Date: November 12, 1996
Dept. File No.96025/CB/IS
TO: Vancouver City Council
FROM: Director of Central Area Planning
SUBJECT: Proposed Rezoning of 1235 West Pender Street
RECOMMENDATION
THAT the application by Paul Merrick Architects to rezone 1235 West
Pender Street (Lots 19 and 20, Block 29, D.L. 185, Plan 29) from DD
Downtown District to CD-1 Comprehensive Development District be
referred to Public Hearing, together with:
i) plans received July 31, 1996;
ii) the draft CD-1 By-law provisions, generally as contained in
Appendix A; and
iii) the recommendation of the Director of Central Area Planning to
approve the application, subject to conditions contained in
Appendix B.
FURTHER THAT the Director of Legal Services be instructed to
prepare the necessary by-laws for consideration at the Public
Hearing, including an amendment to the Sign By-law to establish
sign regulations for this CD-1 in accordance with Schedule B (DD).
GENERAL MANAGER'S COMMENTS
The General Manager of Community Services RECOMMENDS approval of
the foregoing.
COUNCIL POLICY
Relevant Council policies for the site include:
Central Area Plan, adopted December 3, 1991;
Triangle West Streetscape Concept Plan, adopted July 21, 1994;
Community Amenity Contribution Policy, adopted July 10, 1990;
confirmed March 7, 1991.
PURPOSE AND SUMMARY
This report assesses an application from Paul Merrick Architects to
rezone 1235 West Pender Street from DD Downtown District to CD-1
Comprehensive Development District to construct 112 dwelling units in a
25-storey tower fronting on West Pender Street and three units in
townhouses fronting on West Hastings Street. This is the tenth
high-density residential rezoning in Triangle West, most of which have
been approved at 6.00 FSR.
In principle, staff support this rezoning, subject to a reduction in the
proposed density to 6.00 FSR and design modifications as discussed below
and as set out in Appendix B.
For additional information about the site, surrounding development and
the proposed development, refer to Appendix C.
DISCUSSION
Use: The site is in a sub-area of the DD Official Development Plan that
permits a maximum density of 4.00 FSR for non-residential use, plus a
bonus of up to 1.00 non-residential FSR in exchange for the provision of
up to 1.00 residential FSR, with a maximum residential FSR of 3.00 FSR
and a total maximum FSR of 6.00.
The reason for this rezoning is that the applicant wishes to develop an
entirely residential project with a density of 6.00 FSR.
Staff consider the proposed residential use appropriate for the site and
consistent with the Central Area Plan which favours adjusted zoning in
Triangle West, to facilitate housing through CD-1 rezonings and/or area
rezoning. The Plan supports replacing the housing bonus equation (which
discriminates against housing as a preferred use), with choice of use
zoning to favour buildings that are primarily housing, office or hotel.
Density: Over the past decade, the 4+1+1 bonus and housing substitution
formula has not been successful in encouraging residential development
near the downtown. Consequently, in Triangle West, the goal to encourage
high-density residential near the downtown core has been achieved
through CD-1 rezonings. When time permits, the sub-area zoning will be
adjusted in general, to allow proposals such as this one. This will be
coupled with an appropriate DCL By-law.
Staff anticipate that the new area zoning will be consistent with
previous residential rezonings and permit a maximum residential density
of 6.00 FSR.
In this proposal, an FSR greater than 6.00 (approximately 6.20) results
when above-grade bicycle storage is counted in the normal manner. Rather
than establish a precedent by excluding this space, staff recommend that
the bicycle storage area be reconfigured to be included in the
underground parking where it would not be counted, thereby reducing the
FSR to 6.00.
Form of Development: While staff are generally in support of the form of
development, they believe the following design modifications would
improve livability of the proposal, (also see Appendix D):
(a) Setbacks: In the absence of formal policy or by-laws on setbacks in
this area, the applicant located the proposed tower approximately
12.0 m (39 ft.) from the Pender Street property line and 1.7 m (5.5
ft.) from the Hastings Street property line. The intent is to
"maximize proximity to the harbour and view" on the north, and
"maximize outdoor space" on the south.
While maximizing opportunity for sunlight on the outdoor amenity
space is a worthy objective, the negative impact caused by the
northerly placement of this tower is a significant disbenefit. The
proposed location would cast shadows on the site to the north which
has undergone significant design refinements to improve sun access.
Staff believe that requiring a minimum setback of 3.7 m (12 ft.)
from the Hastings Street property line would: improve sun access to
the proposed childrens' play area of the family housing in Harbour
Green Neighbourhood (Coal Harbour Phase 3); permit a landscaped
setback in front of the townhouses, enhancing the public realm
treatment and public/private interface on Hastings Street; and
better reflect the existing pattern of setbacks on Hastings Street
[generally, 6.1 m (20 ft.)].
To further reduce shadow impacts on the outdoor play area of the
family housing, it is recommended that the east-west dimension of
the tower floorplate be reduced from 31.7 m (104 ft.) to 29.6 m (97
ft.), possibly by reconfiguring the western-most balcony. This is
consistent with the maximum tower width permitted in the guidelines
for the adjacent Harbour Green Neighbourhood.
(b) Visual Privacy: In the Triangle West mixed-use neighbourhood, it
is anticipated that residents will have high density commercial
neighbours.
To ensure livability, adequate setbacks should be provided between
any residential tower and the site's property lines. This is
particularly important with this proposal, as it is located on an
interior site with commercial buildings on either side.
In this context, both staff and the Urban Design Panel believe the
privacy of the east-facing units on floors 2-9 is compromised by
their proximity [8.8 m (29 ft.)] and outlook to the neighbouring
office tower. To lessen the impacts, staff recommend reorienting
the lower-level units and where glazing is necessary or desirable,
using patterned glass blocks or other similar treatment to
safeguard privacy.
CONCLUSION
This proposal represents a positive addition to the emerging residential
neighbourhood of Triangle West. The design is commendable, as noted by
the Urban Design Panel, although some changes to the floorplate and unit
orientation will be needed to avoid overshadowing of a nearby site and
to ensure livability of proposed dwelling units.
The density, when adjusted to 6.00 FSR, is livable and consistent with
previous rezonings and the Central Area Plan policies.
Staff recommend that the rezoning application be referred to a Public
Hearing, subject to the draft CD-1 By-law as shown in Appendix A, and
the proposed conditions of approval presented in Appendix B.
* * *
APPENDIX A
DRAFT CD-1 BY-LAW PROVISIONS
1235 West Pender Street
Uses
Multiple Dwelling;
Accessory Uses customarily ancillary to the above use.
Floor Space Ratio
Maximum FSR of 6.00, generally based on the calculation provisions of
the RM-4 District Schedule.
Height
The maximum height will be 86.0 m (282 ft.).
Off-Street Parking, Loading and Bicycle Parking
Parking, loading and bicycle spaces must be provided, developed and
maintained in accordance with the applicable provisions of the Parking
By-law except that,
a) parking is to be provided at a minimum rate of 0.9 spaces per unit,
plus 1.0 spaces per 200 m2 of gross floor area, noting that no
more than 2.2 spaces per unit need be provided; and
b) one loading bay is to be provided.
Setbacks
The minimum setbacks of the tower (excluding open balconies) shall be
3.7 m (12 ft.) from the West Hastings Street property line, 9.1 m (30
ft.) from the westerly side property line, and 6.1 m (20 ft.) from the
easterly side property line.
The minimum setback of the townhouses along West Hastings Street shall
be 1.5 m (5 ft.) from the northerly property line.
Acoustics
As per the RM-4N District Schedule.
PROPOSED CONDITIONS OF APPROVAL
(a) THAT the proposed form of development be approved by Council
in principle, generally as prepared by Paul Merrick Architects
and stamped Received City Planning Department, July 31, 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 the tower location to provide
minimum setbacks as outlined in the CD-1 By-law;
(ii) design development to reduce the maximum east-west
dimension of the tower floorplate (including
balconies) to 29.6 m (97 ft.) to reduce the extent of
noon hour shadowing on the family housing site to the
north, and to be consistent with tower width
guidelines adopted for the Marathon Coal Harbour site
to the north;
(iii) design development to the lower level townhouses along
Hastings Street to provide a minimum setback, as
outlined in the CD-1 By-law, to accommodate
landscaping and a transition zone from the public
sidewalk;
(iv) design development to the stairs accessing Hastings
Street from the private open space, to address
security concerns and to maximize the sense of
greening and variety of landscape treatment when
viewed from the street and above;
Note to the Applicant: A gate should be provided at
the setback line.
(v) design development to the townhouses along Hastings
Street to provide eyes on the street by the
introduction of doors and bay windows facing the
street;
(vi) design development to the townhouses on Hastings
Street to improve livability, defensibility and
surveillance;
Note to the applicant: This can be achieved by the
provision of low, formal landscaping and fencing,
without areas of concealment on the street; ground
floor levels maintained slightly above grade; and
separate, secured parking with direct access stairs to
the townhouses.
(vii) design development to the orientation and glazing of
lower level tower units (levels 2-9) located adjacent
to the east property line, to address privacy and
overlook concerns into the neighbouring office
building;
(viii) design development to take into consideration the
principles of Crime Prevention Through Environmental
Design (CPTED) to reduce opportunities for theft and
fear in the underground parking, residential break and
enter, mischief such as graffiti, loitering and
skateboarding;
(ix) design development to the main entrance to the tower,
to provide a greater sense of address and direct
visibility/surveillance of the entry lobby from the
street, and to address Fire Department concerns;
(x) design development to the open lattice fence and
trellis structure along the Pender Street frontage to
align a portion of it with the property line to
strengthen the continuity of streetscape consistent
with the character of this block of Pender Street,
while allowing views into the private open space from
the Pender Street sidewalk; (xi) design development to the Hastings and Pender Streets
landscape concept to better relate to the Triangle
West Streetscape Plan and future improvements proposed
for the Coal Harbour neighbourhood development;
Note to the Applicant: Tree species should take into
account those already planted adjacent to the site, in
consultation with Engineering and Park Board staff.
(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, not to discriminate
against families with children in the sale of
residential units;
(ii) consolidate the site;
(iii) make suitable arrangements, to the satisfaction of the
General Manager of Engineering Services, for any new
electrical and telephone services to be undergrounded
within and adjacent to the site from the closest,
existing suitable service point;
(iv) make suitable arrangements, to the satisfaction of the
General Manager of Engineering Services for the
provision of sidewalk and curbing along West Hastings
Street for the length of the site;
(v) make suitable arrangements, to the satisfaction of the
General Manager of Engineering Services for the
provision of garbage and recycling facilities, noting
that since no lane exists to serve this site, pick-up
must be secured from either West Pender Street or West
Hastings Street;
(vi) make suitable arrangements, to the satisfaction of the
General Manager of Engineering Services for the
provision of sidewalk treatment and boulevard trees to
be provided;
(vii) contribute to the City a community amenity
contribution at a value to be set by Council.
SITE, SURROUNDING DEVELOPMENT, PROPOSED DEVELOPMENT
AND NON-MAJOR ELEMENTS
Site & Surrounding Development: The site at 1235 West Pender is located
on the northern edge of Triangle West, a mixed-use neighbourhood bounded
by Coal Harbour on the north, Cardero Street on the west, Bute Street on
the east and the lane north of Robson Street on the south. Present
zoning permits 4+1+1 FSR and a maximum height of 91.4 m (300 ft.). The
proposed site is currently occupied by a partially occupied, 4-storey
office building situated in the centre of the site with surface parking
on both sides of the building. The site slopes from Pender Street to
Hastings Street with a grade-change of approximately 5.6 m (18.3 ft.).
Lands to the east of the proposal are generally zoned DD (Downtown
District) and developed with a mixture of office and residential
developments. Lands to the south and west of the site are also a mixture
of office and residential with residential being the predominant use,
achieved mainly through CD-1 rezonings. Directly north is a proposed
site for a 30-storey, non-market, family housing project, with low-rise
buildings around a south facing courtyard.
Immediately east of the proposed site is East Asiatic House, an 8-storey
office building. To the west, is a 2-storey building which once housed
Club Viva, a restaurant/cabaret, and is now only partially occupied by
offices.
Proposed Development: This rezoning application proposes the
development of a 25-storey residential tower with 3, 2-storey townhouse
units and a proposed FSR of approximately 6.20. The proposal takes full
advantage of the double-fronting site by orienting the residential tower
to Pender Street and the townhouses to Hastings Street. The proposed
unit mix is comprised of approximately two 3-bedroom units, twenty-seven
2-bedroom units, three 2-bedroom townhouses, forty-three 1-bedroom and
den units, thirty-two 1- bedroom units, and eight bachelor units. Units
range in size from 42 m2 (450 sq.ft.) to 98 m2 (1,050 sq.ft.), with the
larger units near the apex of the building.
It should be noted that unit mix could change before development
application approval to better reflect current market demand.
Vehicular access to four levels of underground parking is available via
the forecourt off of Hastings Street. Pedestrian access is available
from both Pender Street and Hastings Street. Design improvements to the
entrance are conditions of approval (see condition (b),(ix)in Appendix
B).
Height: The existing DODP permits a maximum outright height of 91.4 m
(300 ft.). Staff support a tower height of 86.0 m (282 ft.), measured to
the top of the mechanical screen.
Views: At the request of planning staff, the applicant submitted an
extensive private views assessment, illustrating the proposed
development's effect on private, upland views. After reviewing the
assessment, staff concluded that private views impacted by the proposed
development would be no more onerous than under existing zoning. In
fact, it was felt that impacts could be less onerous, given the smaller
floorplate of a residential tower, and, given staff's recommendation to
reduce the east-west dimension of this proposal.
Parking, Loading and Bicycle Storage: The proposed development will
provide parking, loading and bicycle storage generally in accordance
with current Parking By-law standards except that multiple dwelling
units will be based on a parking formula that is more reflective of the
actual parking demand and is consistent with other rezonings in the
area. This will help to mitigate any further parking pressures already
existing in the area. As well, one loading bay is required for the
residential units to accommodate residential loading needs, (see
Appendix A).
Social and Environmental Implications: There are no implications with
respect to the Vancouver Children s Policy or Statement of Children s
Entitlements. The proposed rezoning contributes to the objective of
reducing atmospheric pollution by providing housing units for people who
may choose to walk to work in the downtown.
Landscape Resources: The proposed development will provide a variety of
landscape resources in public, semi-public and private open spaces. The
proposal includes a double row of trees on Pender Street creating a
portico, with a filtered view to the resident's garden. As illustrated
in plans, the proposal includes extensively landscaped roof terraces and
open balconies to "convey a rich, green character" in keeping with the
theme of the development.
Landscape concepts which respond to the Triangle West Streetscape Plan
and existing tree species are conditions of approval, (see condition
(b), (xi) in Appendix B).
Daycare: Council's child care strategy calls for construction and
equipping of child care facilities as a condition of rezoning. The
precedent to date has been in cases where fewer than 24 spaces are
estimated, construction of a child care facility is not pursued. Only
one space is estimated for this rezoning, which staff believe will be
realized through general CACs.
Public Benefits: The proposed development provides a number of public
benefits compared to alternative development scenarios under the
existing zoning. This proposal will provide good quality downtown
housing for a market segment catering to singles and couples. In
addition, the site will provide significant, landscaped semi-private
open space adjacent to Pender Street, together with sidewalk and curbing
improvements to Hastings Street in accordance with the Council-adopted
Triangle West Streetscape Plan. Townhouses along Hastings Street offer
an alternative housing form to further augment neighbourhood diversity.
Setting the value of an appropriate Community Amenity Contribution
(CAC)for this rezoning will be addressed in a separate report. Since
1990, Council has required payment of CACs for privately initiated,
site-specific rezonings in the Central Area which increase residential
capacity and the need for additional community amenities. Triangle West
has been identified as being deficient in park space, child care
facilities and a community centre.
COMMENTS FROM THE PUBLIC, REVIEWING AGENCIES
AND THE APPLICANT
Public Input On August 30, 1996, an information sign was erected on the
site and staff mailed a notification letter to 417 surrounding property
owners.
In response to the notification, staff received one phone call and two
letters. The main concerns include the potential increase in noise
resulting from new construction and more residents, additional traffic
volume on Pender and Hastings, a diminishing amount of street parking as
well as "insufficient" parking standards.
General Manager of Engineering Services Engineering Services has no
objection to the rezoning, subject to a number of conditions to be
satisfied prior to enactment of the By-law and included in Appendix B.
Vancouver Fire and Rescue Services (VFRS) On October 31, 1996, VFRS
staff met with the applicant to discuss several issues relating to fire
and safety, including access to the entrance of the proposed tower,
addressing and exiting. The applicant responded to the Fire Department's
concerns in a letter, expressing their commitment to meet those
requirements through adjustments to design at the development
application stage of the project, (see Appendix F).
Vancouver Health Board The Vancouver Health Board reviewed the rezoning
application and concluded that "The City's acoustical criteria shall
form part of the Zoning By-law, and an Acoustical Consultant's report
shall be required which assesses noise impacts on the site and
recommends noise mitigating measures."
Police Department The Vancouver Police Department has no objection to
the rezoning, subject to a number of Crime Prevention Through
Environmental Design (CPTED) conditions to be satisfied prior to the
approval of a development application and included in Appendix B.
Urban Design Panel On September 25, 1996, the Urban Design Panel
reviewed this proposal and unanimously supported it. The panel
complimented the applicant for a handsome and elegant scheme that fits
well within its context. The location of the tower, its configuration
and massing were fully supported.
While the Panel saw no need to increase the setback on Hastings Street,
they felt that some attention should be given to the transition area, or
threshold, of the townhouses.
The Panel's main area of concern related to the interface with the
office building to the east of the proposed residential tower. Panel
members noted that the livability of the lower level, east facing units,
could be compromised by the less than comfortable relationship with the
neighbouring office building. It was suggested that some articulation
of the facade should be investigated to provide orientation beyond the
plane of the neighbouring building.
The Panel supported the design of the main entry and open space on
Pender Street, suggesting that further consideration be given to the
entrance. It was recommended that gates at the Hastings Street entrance
could be installed later, if security becomes an issue.
Applicant's Comments The applicant reviewed a copy of this report and
has provided comments; attached as Appendix F.
Response to Applicant's Comments In response to the applicant s concerns
regarding possible parking constraints resulting from the tower setback
from Hastings Street, planning staff feel there is adequate site depth
to accommodate a conventional parking layout, even with the increased
setback on Hastings. It was felt that a suitable solution could be made
at the development application stage of this proposal, without
compromising the parking standard.
APPENDIX G
APPLICANT, PROPERTY, AND DEVELOPMENT PROPOSAL INFORMATION
APPLICANT AND PROPERTY INFORMATION
Street Address 1235 West Pender Street
Legal Description Lots 19 and 20, Block 29, D.L. 185, Plan 29
Applicant Paul Merrick
Architect Paul Merrick Architects Ltd.
Property Owner Bogue Bobicki Associates
Developer Bogue Bobicki Associates
SITE STATISTICS
GROSS DEDICATIONS NET
SITE AREA 1533.3 m2 N/A 1533.3 m2
DEVELOPMENT STATISTICS
DEVELOPMENT PROPOSED RECOMMENDED
PERMITTED UNDER DEVELOPMENT DEVELOPMENT (if
EXISTING ZONING different than
proposed)
ZONING DD CD-1
USES Office Commercial, Multiple Dwelling,
Retail Commercial, Accessory Uses
Other commercial,
Residential,
Hotel, Light
Industrial, Public
Institutional,
Social, Recreation
& Culture, Parks &
Open Space,
Parking Area and
Parking, Garage
DWELLING UNITS N/A 115
MAX. FLOOR SPACE 6.00 (4+1+1) 6.20 (as per a 6.00
RATIO preliminary plan
check)
MAXIMUM HEIGHT 91.4 m (300 ft.) 85.3 m (280 ft.) 86.0 m (282 ft.)
MAX. NO. OF STOREYS N/A 25
PARKING SPACES As per Parking 117
By-law
FRONT YARD SETBACK N/A 12.0 m (39 ft.)
(West Pender St.)
SIDE YARD SETBACK N/A
(West) 9.6 m (31 ft.) 9.1 m (30 ft.)
(East) 6.1 m (20 ft.) 6.1 m (20 ft.)
REAR YARD SETBACK N/A 1.7 m (5.5 ft.) 3.7 m (12 ft.)
(West Hastings St.)