P4

                                 POLICY REPORT
                           DEVELOPMENT AND BUILDING

                                           Date: November 1, 1996
                                           Dept. File No. TWP


   TO:       Vancouver City Council

   FROM:     Director of Land Use and Development

   SUBJECT:  CD-1 Rezoning - 3062-3188 West 41st Avenue


   RECOMMENDATION

        THAT the application by Neale Staniszkis Doll Adams, Architects, to
        rezone 3062-3188 West 41st Avenue (Lots 1, 2, 3, East 1/2 Lot 4,
        West 1/2 Lot 4, Lot 5, Plan 1987 and Lot A of 6 and 7, Plan 5869,
        all of Blocks 1 to 3, D.L. 321) from RT-2 to CD-1, to permit 58
        dwelling units in a 3-storey, plus basement, multiple dwelling at
        1.35 FSR, be referred to a Public Hearing, together with:

        i)   plans received August 15, 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, 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.

   GENERAL MANAGER'S COMMENTS

        The General Manager of Community Services RECOMMENDS approval of
        the foregoing.

   COUNCIL POLICY

   On May 8, 1989, Council approved the following community development
   objectives as the basis of the City's social housing policy:

        Encourage the distribution of acceptable housing forms and
        affordable shelter costs equally among all residential
        neighbourhoods of Vancouver.

   PURPOSE AND SUMMARY

   This report assesses an application to rezone 3062-3188 West 41st Avenue
   from RT-2 to CD-1 to permit a 3-storey, plus basement, multiple dwelling
   to contain 58 seniors' market dwelling units.  Staff agreed to consider
   this application prior to Council approval of the City Plan
   Neighbourhood Visioning Rezoning Policy.  The proposed rezoning would
   displace potential for 14 - 20 units in two-family dwellings or up to 30
   units if townhouses were permitted by relaxing RT-2 Multiple Dwelling
   Guidelines.

   Staff believe a reduction in scale of the proposed development is
   necessary at the rear, to fit the context of one-family dwellings. 
   Economic analysis indicates that a density of approximately 1.25  FSR is
   viable for multiple dwellings on this site, given average land costs in
   the area.  At that lower density (rather than the 1.35 FSR proposed),
   staff are confident that a multiple dwelling development can be designed
   to achieve a compatible physical fit in this context.  Therefore, staff
   recommend approval at a reduced density of 1.25 FSR, with conditions as
   shown in Appendix B.

                                      MAP
   DISCUSSION

   Use RT-2 zoning would permit one- or two-family dwellings or, in some
   circumstances, townhouses on this site.  This would result in up to 14
   units in duplexes on existing parcels.  If subdivided to 12.8 m (42 ft.)
   frontages, 20 units could be developed.  RT-2 Multiple Dwelling
   Guidelines do not support townhouses on RT-2 zoned sites with existing
   development exceeding 0.29 FSR.  However, given the isolated nature of
   this RT-2 area, the Director of Land Use and Development would support
   townhouse development on this site, permitting up to 30 ground-oriented
   units under existing zoning.  Therefore, regional objectives to increase
   opportunities for ground-oriented alternatives to one-family dwellings
   would be served by the existing zoning.

   The proposed rezoning would, by comparison, provide 58 seniors  units,
   of which 21 units would offer some direct access to grade, including 13
   two-storey units.  Rear yards available to the two-storey units offer
   south-facing enclosed open space, oriented away from West 41st Avenue. 
   The 8 single-storey units facing West 41st Avenue would have 3 m (10
   ft.) north-facing front yards, of limited usefulness, but offering
   direct street access.  For seniors, this location offers immediate
   access to transit with convenience commercial services two blocks to the
   west.  However, no recreation facilities are within easy walking
   distance.

   This site adjoins C-1 commercial sites to the east, Kerrisdale
   Elementary School across West 41st Avenue to the north and Crofton House
   School to the west.  Therefore, only the rear of the site is adjacent to
   one-family developments, which occupy longer than average 41.2 m (135
   ft.) lots.  As a result, multiple-family development would have limited
   direct interface with lower density residential use.  Either townhouse
   or a moderately scaled  apartment structure would be appropriate.

   Density  The proposed density of 1.35 FSR exceeds the range of densities
   usually supported in rezonings adjacent to one-family dwelling
   districts.  The adjoining C-1 District permits 1.2 FSR in a 3-storey
   structure.  Typically, staff support  multiple dwelling proposals in
   this type of location at 0.75 to 1.2 FSR, depending upon site
   characteristics such as size, depth, slope and separation from nearby
   RS-zoned sites.

   In this case, a 6.1 m (20 ft.) lane, an 8.7 m (28.5 ft.) rear setback of
   the proposed multiple dwellings and the extra lot depths (41.1 m/ 135
   ft.) of adjacent RS-1 zoned parcels, combine to provide good separation
   from the rear of the houses to the south facing West 42nd Avenue. 
   However, there is a significant slope to the south which results in the
   site being higher than the RS-1 parcels and adding to the height and
   apparent bulk of the building.

   As noted under Form below, staff conclude that the massing of the
   building remains too intrusive at the proposed density and recommend a
   reduced density of 1.25 FSR.

   Form  The amended application indicates a well-articulated, 3-storey
   form of development fronting West 41st Avenue.  The proposed massing,
   pitched roofs and finishing of these structures would result in a
   positive image along West 41st Avenue.  The proposed 3 m (10 ft.)
   setback from West 41st Avenue is minimal because the applicant has
   endeavoured to maximize the setback from the RS-1 District to the south.

   The slope south from West 41st Avenue permits a partial lower storey to
   be added at the rear, with grade level access.  However, it also makes
   the structure taller at the rear, particularly as the westward slope of
   the lane exposes the western end of the lower storey in each structure. 
   The net effect is larger, more intrusive-looking structures facing the
   rear of the one-family dwellings.  The applicant has reduced this effect
   by reducing height, increasing the separation between buildings and
   setting upper storey units into the roof-line.  Nonetheless, staff
   conclude that further reduction in scale and density is necessary to
   eliminate the sense of intrusion and overlook.  Conditions in Appendix B
   address this concern.

   Parking and Traffic Neighbours are concerned that this development will
   have a detrimental impact on parking and traffic patterns in the area. 
   The proposed 82 parking spaces falls 14% short of the 95 spaces required
   in RM-3 Multiple Dwelling Districts, which is considered an appropriate
   standard for this type of housing.   However, on the basis of experience
   with a similar CD-1 zoned market seniors-oriented project at West 42nd
   Avenue and Oak Street, the applicant argues that this kind of
   development needs fewer spaces.  Planning and Engineering staff believe
   pedestrian convenience is not as good for this site and conclude that
   parking should be provided at the RM-3 standard.

   A traffic impact assessment indicates that this development would not
   have a significant impact on either West 41st Avenue traffic volumes or
   those on neighbourhood streets.  The applicant has relocated the
   underground parking access toward Carnarvon Street in response to
   neighbours' concerns that it would compound traffic impacts from Crofton
   House if located near Balaclava Street.  Most shortcutting traffic in
   the area is UBC-related.

   Engineering staff advise that this project does not require opening of
   the full length of the lane south of West 41st Avenue.

   CONCLUSION

   There is limited public benefit in rezoning this site for a market
   seniors multiple dwelling.  More market units for seniors in this area
   would respond to a local need.  However, the type of units permitted
   under existing RT-2 zoning would better serve current regional
   priorities, because they would offer ground-oriented alternatives to
   one-family dwellings.  To address this issue, the applicant proposes
   that 21 of the 58 units would have some ground level access.  Also, with
   high land costs in this area, it is unlikely that redevelopment for
   townhouses will occur in the forseeable future under existing zoning. 
   Finally, visual impacts and intrusion could be resolved through design
   changes, as recommended in Appendix B, also resulting in a lower
   density.  Therefore, staff conclude that the proposed development offers
   sufficient benefits in the near future to outweigh potential long term
   benefits of existing zoning, and recommend approval at a reduced density
   of 1.25 FSR.

                                     * * *
                                                                 APPENDIX A


                         DRAFT CD-1 BY-LAW PROVISIONS


   Use
                -  Multiple dwelling  containing a maximum  of 58  dwelling
                   units,  of  which  at least  21  units must  have direct
                   exterior access from  a floor level which  is within 0.5
                   m of finished grade.

   Density
                -  Maximum floor space ratio of 1.25,  based on calculation
                   provisions of  the RM-4 District  Schedule, except  that
                   one enclosed  balcony per unit  facing West 41st  Avenue
                   may be excluded from floor space calculations.

   Height
                -  A maximum of 12 m (39.5 ft.).

   Setback
                -  A minimum  setback  of 8.5  m  (28  ft.) from  the  rear
                   property line;

                -  A  minimum  setback of  2.1  m  (7  ft.)  from the  east
                   property line;

                -  A  minimum  setback of  3  m  (10  ft.)  from West  41st
                   Avenue; and

                -  A minimum  setback  of  6.1 m  (20  ft.) from  Balaclava
                   Street.

   Parking
                -  Per RM-3 standard in the Parking By-law.

   Acoustics
                -  Per RM-4N District Schedule.

                                                                 APPENDIX B
                                                                Page 1 of 3

                        PROPOSED CONDITIONS OF APPROVAL

   (a)    THAT the proposed form of development  be approved by Council  in
          principle, generally as prepared by Neale Staniszkis  Doll Adams,
          Architect;   and  stamped  "Received  City  Planning  Department,
          August  15,  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 design developments:
    
          (i)     to reduce the scale of the south face of the buildings to
                  minimize overlook and improve the scale relationship with
                  single-family homes  across the lane.   The design should
                  be refined to  read more substantially as  a three storey
                  building from the south.

                  This could be accomplished by bringing the eave line down
                  to  the third floor along more of the facade, by reducing
                  the extent of  development on  the fourth  floor, and  by
                  pulling the face of  units on the top floor  further into
                  the  mass of the building.   It should  be noted that the
                  most conspicuous scale discrepancy occurs  at the western
                  ends  of the buildings as the grade drops along the lane.
                  In  particular,  the west  end  of  the eastern  building
                  presents  the most  extreme circumstance.   Consideration
                  should  be given  to breaking  the floor plates  at these
                  points, to enable the building to more closely follow the
                  existing topography;

          (ii)    to reduce  the perceived length of  the development along
                  West  41st Avenue  by  breaking the  buildings into  more
                  distinct  masses,  and   by  providing  more  substantial
                  differences in  the architectural expression  of the four
                  main masses of building;

          (iii)   to prevent  parking on  the proposed laneside  walkway by
                  providing a  raised, structured planting area between the
                  lane  and the walk, as well  as considering the provision
                  of lighting along the walk;

          (iv)    to  reduce opportunities  for  theft  in the  underground
                  parking areas;
                                                                 APPENDIX B
                                                                Page 2 of 3

                  (NOTE:   Open  exit   stairs  provide   easy  access   to
                  underground   parking  areas   when  they   are  visually
                  accessible to non-residents.  These exit stairs should be
                  relocated within  the building  envelope,  with only  the
                  door exposed, or open  exit stairs can be located  in the
                  semi-private  open space  where  they can  be watched  by
                  residents.   The underground  parking appears  ungated at
                  the parking entrance which will become an opportunity for
                  theft.    This  should  be   gated  at  the  street  with
                  consideration  to  providing electronic  communication to
                  residents.  The separate  gating of townhouse parking has
                  shown to  improve security from theft  in the underground
                  and is considered positive.)

          (v)     to reduce fear in  underground parking in accordance with
                  Section 4.12 of the Parking By-law and give consideration
                  to painting the parking garage white;

                  (NOTE: The openness and design of the elevator lobbies in
                  the underground is considered very positive.)

          (vi)    in concurrence with the Arborist report and the Landscape
                  proposal, six existing trees are to be relocated;

                  (NOTE: Particular  attention  should  be  placed  on  the
                  successful relocation of the  20 inch caliper Redwood, as
                  noted in the Arborist report  as "A beautiful specimen in
                  superb condition.  This specimen is worth serious efforts
                  to retain or relocate".)

          (vii)   provide low planting in front of the proposed fence along
                  West 41st Avenue; and

          (viii)  to  improve  defensibility and  reduce  opportunities for
                  break and enter and nuisance on residential entrances and
                  yards on the lane.

                  (NOTE:  Ground  level  units   both  facing  streets  and
                  semi-private open space have shown to be most susceptible
                  to break and  enter.  Opportunities  for break and  enter
                  can be  reduced by deleting areas  of concealment outside
                  of doors, windows and patios and encouraging surveillance
                  by other residents  and people   passing  by   to   these
                  units.  Semi-private 
                                                                 APPENDIX B                                                                Page 3 of 3

                  open space should be secured from access by non-residents
                  while remaining  visually open.  Opportunity  can also be
                  reduced by  routing exits  from the underground  directly
                  outside  rather  than  into  the  residential  lobby  (in
                  coordination with the Fire Department); and

          (ix)    to endeavour to reduce the maximum height of buildings at
                  the westerly end of each structure to a maximum height of
                  11 m (36 ft.).

   (c)    THAT,  prior  to enactment  of the  CD-1  By-law,  the registered
          owner shall:

          (i)     consolidate Lots 1, 2, 3 and East 1/2 of Lot  4, West 1/2
                  of Lot  4, Lot 5, Plan 1987,  and Lot A of  Lots 6 and 7,
                  Plan 5869, all of Blocks 1 to 3, DL 321;

          (ii)    make arrangements  to  the satisfaction  of  the  General
                  Manager of Engineering Services for the following:

                  -   the dedication of the  north 17 ft.  of lots 5 and  W
                      1/2 of lot 4 (plan 1987)  and lot A (plan  5869), for
                      road purposes;

                  -   the  dedication of  the south 10  ft. of  lot 5 (plan
                      1987), for lane purposes;

                  -   the opening  and paving  of  a  portion of  the  lane
                      south of  West 41st Avenue  from Carnarvon Street  to
                      the  west to  provide  improved  access to  the  site
                      [approximately 76.2 m (250 ft.)].  This  requires the
                      preparation  and  registration  of  a  lane  drainage
                      agreement;

                  -   the provision  of street  trees on  West 41st  Avenue
                      and on Balaclava where possible;

                  -   all   electrical  and   telephone   services   to  be
                      underground within,  and adjacent  the site  from the
                      closest, existing suitable service point; and

          (iii)   execute an agreement to  the satisfaction of the Director
                  of Legal Services  and the Manager of  the Housing Centre
                  restricting sales to a single person at least 55 years of
                  age and to no more than  two people, at least one of whom
                  is at least 55 years of age, to be registered in priority
                  over all charges which may defeat or delay the agreement.

                                                                 APPENDIX C



   ADDITIONAL INFORMATION

   Site, Surrounding  Zoning and Development    This .5 ha  (1.2 acre) RT-2
   zoned site  is comprised  of 7 parcels  on the  south side of  West 41st
   Avenue.  The  site has a frontage of 127.9 m  (419.5 ft.) and a depth of
   36 m (118 ft.)  with partial lane access from both ends of the site.  It
   has a north-to-south slope varying from 1.7 m (5.5  ft.) along Balaclava
   Street to 3.7  m (12 ft.) at the east end of the site.  There is also an
   east-to-west slope of 3 m (10 ft.) along 41st Avenue.

   The site adjoins the most westerly of three C-1 zoned sites at West 41st
   Avenue  and Carnarvon Street.   To the  west of Balaclava  Street is the
   Crofton  House  School.   North across  West  41st Avenue  is Kerrisdale
   Elementary School.   To  the south  are 41 m  (135 ft.)-long  RS-1 zoned
   parcels of varying width developed with one-family dwellings.

   Proposed Development Two 3-storey structures would be connected at-grade
   by a  189  m2  (2,035  sq. ft.)  amenity  facility  and  below-grade  by
   underground  parking for 82  vehicles.  At  the rear of  the underground
   parking, a  lower residential storey would be added to main floor units,
   allowing  grade-level access  into  the rear  yard.   Main  floor  units
   fronting West  41st  Avenue  would also  have  grade-level  access  with
   individual entries  from  the street.   A  pitched roof  with a  maximum
   height of 12 m (39.5 ft.) is proposed.

   Public Benefit This rezoning  could result in 28-44 additional  dwelling
   units over  what could be built under existing RT-2 zoning in a location
   with  reasonable  proximity  to   amenities,  commercial  services   and
   employment.   However, only 21  of these units  would be ground-oriented
   and  would  displace 30  potential  ground-oriented  units if  townhouse
   development was to  be permitted by  relaxing guidelines under  existing
   zoning.

   Environmental  Implications  Nearby  access  to transit  and  commercial
   services may reduce dependence on use of automobiles.

   Social Implications This development may allow  some senior residents of
   surrounding one-family  neighbourhoods to remain in  this community when
   they no  longer wish to maintain  a one-family residence.   There are no
   implications  with  respect  to   the  Vancouver  Children's  Policy  or
   Statement of Children's Entitlement.

                                                                 APPENDIX D

   COMMENTS FROM THE PUBLIC, REVIEWING AGENCIES, AND THE APPLICANT

   Public Input  A  notification letter was sent to  nearby property owners
   on April 12, 1996 and rezoning information signs were posted on the site
   on  April 15, 1996.   The applicant held  an open house  on May 23,1996,
   attended by approximately 80  west side and former west  side residents,
   and a public meeting for immediate neighbours on June 12,1996.  Planning
   staff attended the latter.

   All on-site owners have given written support for the proposed rezoning.
   Planning staff have received 92 letters of support, of which 2 were from
   residents within two  blocks of the site, 20 were  from residents of the
   Kerrisdale community  at large, 16 were from  businesses in the area and
   54   were  from  people  living   beyond  the  general   area.    Of  26
   questionnaires  submitted  by the  applicant  from  the open  house,  22
   favoured the proposal.   These responses generally focussed on  the need
   for local  apartment opportunities  for  west side  residents no  longer
   wishing or  able to maintain  a one-family dwelling.   Two  letters also
   indicated general  support, but  wished to  see the  underground parking
   access relocated to the east end of the site, which has been done.

   Staff also received  21 letters of opposition, primarily  from residents
   of  the 3000 and  3100 blocks  west 42nd  Avenue, stating  the following
   principal concerns  (in approximate priority order)  which are addressed
   in the report:

          *       precedent for other 41st Avenue sites;
          *       size of increment in density;
          *       inadequate parking;
          *       traffic impacts/pedestrian safety;
          *       overlook/intrusion in rear yards on 42nd Avenue;
          *       opposition to lane completion;
          *       increased crime;
          *       overcrowding of Kerrisdale School; and
          *       unaffordable units.

   Comments of the City Engineer  The City Engineer has no objection to the
   proposed  rezoning,  provided  that  the applicant  complies  with  RM-3
   parking requirements and conditions as shown in Appendix B.

   Urban  Design  Panel  Comment   The  Urban  Design  Panel reviewed  this
   proposal on  April 24, 1996 and  supported the proposed  use, but stated
   serious concerns about the  initial density and form of  development, as
   described in Appendix E.  On balance, the Panel supports the rezoning.

   Seniors' Advisory  Committee Comments   The Seniors'  Advisory Committee
   reviewed this application most recently on October 26, 1996 and provided
   comments as shown in Appendix F.

   Comments of the  Applicant  The  applicant has been  provided a copy  of
   this report and has provided the comments attached as Appendix G.

                                                                 APPENDIX I


           APPLICANT, PROPERTY, AND DEVELOPMENT PROPOSAL INFORMATION

   APPLICANT AND PROPERTY INFORMATION

     Street Address          3062-3188 West 41st Avenue
     Legal Description       Lots 1, 2, 3, East 1/2 Lot 4, West 1/2 Lot 4, Lot 5,
                             Plan 1987 and Lot A of 6 and 7, Plan 5869, all of Blocks
                             1 to 3, D.L.321.

     Applicant               Tom Staniszkis

     Architect               Neale Staniszkis Doll Adams Architects
     Property Owners         Spanza, R. & G. Lessmann, Greene, Chan, Higgins,
                             Johnston, McGregor, Guthrie

     Developer               Michael Geller

    SITE STATISTICS

                         GROSS             DEDICATIONS           NET

     SITE AREA            .5 ha (1.2 ac)   321.4 m2(3,460 sq.     .46 ha (49,467 sq.
                                           ft.)                  ft.)

    DEVELOPMENT STATISTICS

                              DEVELOPMENT      PROPOSED             RECOMMENDED
                            PERMITTED UNDER    DEVELOPMENT          DEVELOPMENT (if
                            EXISTING ZONING                         different than
                                                                    proposed)

     ZONING                       RT-2                 CD-1
     USES                  2-Family Townhouse   Multiple Dwellings

     DWELLING UNITS             14 - 30                 58

     MAX. FLOOR SPACE       0.60 - 0.75                1.35                1.25
     RATIO
     MAXIMUM HEIGHT          9.2 m (30 ft.)      12 m (39.5 ft.)

     MAX. NO. OF STOREYS        2-storey          3 1/2 storeys

     PARKING SPACES            per By-law               82             per RM-3 = 95

     FRONT YARD SETBACK     7.2 m (23.6 ft.)       3 m (10 ft.)
     EXTERIOR SIDE YARD      2.7 m (12 ft.)       6.1 m (20 ft.)
     SETBACK (Balaclava)

     REAR YARD SETBACK      10.7 m (35 ft.)       8.5 m (28 ft.)