POLICY REPORT

BUILDING AND DEVELOPMENT

Date: June 1, 1998
Author/Local: RWhitlock/7814
CC File No.: 5307

TO: Vancouver City Council

FROM: Director of Central Area Planning on behalf of Land Use and Development

SUBJECT: Proposed CD-1 Rezoning of 1025 East Pender Street

RECOMMENDATION

THAT the application by Ian Pratt and Alan Woo to rezone 1025 East Pender Street (Lots 10, 11, 12 and 13, Block 64, DL. 181, Plan 196) from M-1 Industrial District to RT-3 Two-family Dwelling District be referred to Public Hearing, except that the proposed zoning be revised to CD-1 Comprehensive Development District, to achieve public objectives outlined in this report, together with:

(i) plans received April 15, 1998;

(ii) draft CD-1 by-law provisions, generally as outlined in Appendix A;

(iii) conditions of approval as contained in Appendix B; and

(iv) the recommendation of the Director of Central Area Planning on behalf of Land Use and Development to approve the application.

AND FURTHER THAT the Director of Legal Services be instructed to prepare the necessary by-law for consideration at the Public Hearing.

GENERAL MANAGER'S COMMENTS

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

COUNCIL POLICY

- Strathcona Planning Initiatives, adopted by Council June 25, 1992;
- the Industrial Lands Policy, adopted by Council March 14, 1995; and

- RT-3 Guidelines, adopted by Council November 3, 1992.

PURPOSE AND SUMMARY

This report assesses an application to rezone four existing M-1 Industrial lots on the north side of the 1000 Block East Pender Street from M-1 Industrial District to RT-3 Two-family Dwelling District. Staff have concluded, in discussion with the applicant and adjoining property owners, that while the RT-3 Schedule provides reasonable flexibility, a better form of development would be achieved under CD-1. The alternate approach would allow for a more comprehensive development of the site, particularly in dealing with two issues:

1. the Burlington Northern rail line to the port flanks the site along its western side; the CD-1 will provide for noise and vibration mitigation; and

2. three existing heritage buildings fronting Glen Drive flank the eastern site boundary; the CD-1 will stipulate building design and setbacks.

Planning staff recommend that the Director of Land Use and Development be instructed to make application to rezone the site to CD-1 and that the application be referred to Public Hearing and be approved.

DISCUSSION

Planning Policies: The Strathcona Planning Initiatives adopted by Council on June 25, 1992, supports reinforcing the Kiwassa residential neighbourhood through rezoning of isolated industrial sites. The subject site is not included specifically in the policy document as discussions related to it were linked with properties fronting Hastings Street, to the north of the lane, that shared a common owner. Further discussion on the Hastings Street properties is held in abeyance pending conclusions on the Downtown East Housing Study.

However, even if some form of development for a consolidated site were to be negotiated in the future, only residential use would be appropriate for the Pender Street frontage.

In 1994, the owner enquired about pursuing a residential development on just the properties south of the lane, and staff indicated support, in reference to the Strathcona Planning Initiatives. The current proposal maintains a scale of development in keeping with the RT-3 zoning of the Kiwassa neighbourhood.

Rezoning of this site for residential use will serve to further reinforce the Kiwassa residential neighbourhood, which the City has been working to protect since the mid-1970s, when the area qualified for federal funding under the Neighbourhood Improvement Program (NIP). Foremost in the minds of residents in the area is the need to maintain enrollment at Seymour Elementary School which serves as a significant focus for the area.

Railway Noise and Vibration: Two issues are raised by the site's location abutting the Burlington Northern Railway line to the port. Noise and vibration from this active rail line will affect the livability of residential units. Environmental Health staff believe these concerns can be overcome if the project meets normal acoustical requirements. The proposed CD-1 By-law outlined in Appendix A includes requirements for noise mitigation. These requirements do not form part of the RT-3 District Schedule.

Planning staff are concerned about vibration resulting from the abutting rail line. If the rezoning is approved, the applicant will be required to investigate this matter as part of the subsequent development application review to determine whether some measure of mitigation is available, to the satisfaction of staff.

Heritage Context: Adequate open space should be provided for the three buildings listed in the Vancouver Heritage Register (427-445 Glen Drive; all Group "B" buildings) located along the eastern edge of the site, fronting the nearby cross street of Glen Drive. The objective of respecting heritage houses is important in the context of the general intent of the surrounding RT-3 zoning. All three buildings are situated on or within a foot of their westerly property line. The development will increase the setback of 0.76 m (2.5 ft.), possible under RT-3, to 4.27 m (14 ft.) under the proposed CD-1.

RT-3 Versus CD-1: Under RT-3, a two-family dwelling could be developed on each of the four lots. The side yard setbacks could be as little as 10%, or 0.76 m (2.5 ft.), which would provide inadequate separation between the easterly dwelling and the three heritage registry houses. Multiple dwelling is also limited by the zoning, as the maximum frontage is set at 15.3 m (50 ft.). This limit is intended to restrict the size and scale of multiple dwelling proposals in RT-3, but is primarily aimed at locations with existing development. The vacant state of this site and its relationship with the three abutting buildings calls for added responsiveness, and staff are not able to use the existing zoning or relaxations to achieve the best form of development.

While RT-3 zoning might be supported for this site as it has been for other previous industrial sites in Kiwassa, Planning staff initiated the idea of using a CD-1 in order to ensure an improved form of development that meets public objectives of setbacks to the heritage buildings and livability of units next to the rail line. The applicant was agreeable to this approach and was advised that the increased fee for a CD-1 rezoning would not apply since this is a staff-initiated change.

CONCLUSION

In order to better meet the needs of this difficult site located next to a rail line on one side, and three heritage building on the other side, staff recommend that the proposed zone be revised from RT-3 to CD-1. The proposed form of development along with the accompanying CD-1 regulations will adequately provide for a better response to the adjoining heritage buildings and the railway.

Residential use for this site is supported because it fits with the objectives for the Kiwassa Neighourhood outlined in the Strathcona Planning Initiatives as adopted by Council.

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APPENDIX A

DRAFT CD-1 BY-LAW PARAMETERS - 1025 EAST PENDER STREET

Uses Multiple Dwellings

FSR Maximum 1.0

Height 12.2 m

Easterly Setback 4.25 m

No. of Buildings More than one principal building may be permitted on the site.

on a Site

Parking In accordance with the Parking By-law for residential uses in RT-3

Acoustical Evidence, in the form of a report, and recommendations prepared by persons trained in acoustics and current techniques of noise measurements, demonstrating that the noise levels in those portions of the dwelling units listed below shall not exceed the noise levels expressed in decibels set opposite such portions. For the purposes of this section the noise level is the A-weighted 24-hour equivalent (Leq) sound level and will be defined simply as the noise level in decibels.

Portion of Dwelling Unit Noise Level (Decibels)

bedrooms 35
living, dining, recreation rooms 40
kitchen, bathrooms, hallways 45

APPENDIX B

PROPOSED CONDITIONS OF APPROVAL

(a) THAT the proposed form of development be approved by Council in principle, generally as prepared by Brad Cameron and stamped "Received City Planning Department, April 15, 1998", provided that the Director of Planning may allow minor alterations to this form of development when approving the detailed scheme 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 regard to the RT-3 Guidelines approved by Council November 3, 1992, and the following:.

· submission of a report by a structural engineer regarding design provisions to minimize vibration impacts, to the satisfaction of the the Director of Planning.

(c) THAT, prior to enactment, the registered owner shall, at no cost to the City:

i) agree to underground all electrical and telephone services the closest existing suitable service point, to the satisfaction of the City Engineer, and

ii) consolidate the site.

APPENDIX C

SITE DESCRIPTION AND FURTHER BACKGROUND

Site Location: The site is situated on the north side of the 1000 Block East Pender Street, consisting of four lots, all of which are 7.62 m (25 ft.) in width. The site and an adjoining parcel fronting on to the Hastings Street Viaduct have been vacant since a fire destroyed an existing residential building several years ago.

The Burlington rail line runs along the westerly edge of the site and the vacant site to the north. Three Heritage Register houses occupy a single lot on the northwest corner of Pender and Glen Drive. Lands along Hastings Street are zoned M-1 Industrial, and developed with a variety of light industrial and commercial uses. To the east of Glen Drive along Hastings Street is the Pink Pearl restaurant, while lands generally to the east, southeast and south are developed with a variety of residential buildings and governed by RT-3.

Previous Rezoning Application: In 1984, Council approved a rezoning from M-1 to CD-1 for this site, along with property to the north fronting Hastings Street, to permit a 48-unit non-market housing project. The CD-1 was not enacted as the application was withdrawn in 1985 due to lack of funding.

Proposed Form of Development: The currently-proposed CD-1 zoning allows for multiple dwellings and more than one principle dwelling on a site in keeping with the schematic plan shown in Appendix E. The density has been set at 1.0 FSR, in keeping with RT-3 which allows for multiple dwellings between 0.75 and 1.0 FSR. The proposed by-law includes a wider easterly setback in recognition of Heritage Register buildings on the adjacent site. The only element of the proposed form of development that would not be permitted under RT-3 is the consolidated development of all four lots -- under RT-3 the maximum frontage is limited to two lots (see main body of report for further analysis on this matter). Site conditions and proposed building forms provide support for this deviation.

Gardeners on the Site: A few individuals have started gardening on the site without the permission of the owner, and are interested in continuing their activities. The architect indicates that the gardens may continue until early fall.

Planning work on Kiwassa between 1990 and 1992 did not identify the need for more open space because the Seymour School site serves as a significant open space area for the community. No further action is recommended by staff regarding the gardeners' request for the City to acquire the site for community use.

APPENDIX D
Page 1 of 2

INPUT FROM PUBLIC, OTHER DEPARTMENTS AND THE APPLICANT

PUBLIC NOTICE

Registered property owners were notified by letter of the proposed rezoning on April 22, 1997. A rezoning notification site was posted on May 7, 1997 and revised in May 1998 to acknowledge the proposal to utilize a CD-1 by-law approach. No calls or letters were received. The project architect and a member of the Planning staff met with the residents of the adjoining heritage houses on April 28, 1998. The residents were supportive of the alternate approach (CD-1 rather than RT-3).

ENGINEERING SERVICES

Engineering Services has no objections to the development proposed under CD-1 zoning provided the following issues are addressed prior to by-law enactment:

(i) lot consolidation is required (Note: applicant may wish to acquire a 7 ft. strip of road adjacent to Lot 11, prior to consolidating the site, contact the City Surveyor*); and

(ii) all electrical and telephone services are to be undergrounded from the closest existing suitable service port.

* Should this strip be purchased, the form of development could expand slightly by including this land in the calculation of the proposed 1.0 FSR.

PERMITS AND LICENSES

The Environmental Protection Division indicates that no soils assessment is required for this site.

HEALTH

The Health Department requests that the City's acoustical criteria form part of the zoning by-law, and an acoustical consultant's report be required which assesses noise impacts on the site and recommends noise mitigating measures.

APPENDIX D
Page 2 of 2

FIRE

Rezoning is acceptable in principal to Fire and Rescue Services, subject to review at the Development permit stage.

URBAN DESIGN PANEL

Whether the development proposal needs to proceed to the Urban Design Panel will be determined at the development application stage. The development application will be reviewed against Council's RT-3 Guidelines.

APPLICANT

The applicant has reviewed this report and provides the following comment:

"I have reviewed the rezoning report of June 1, 1998 and approve of the recommendations and request the earliest Public Hearing."

APPENDIX E
Page 1 of 2

Schematic Form of Development

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APPLICANT, PROPERTY, AND DEVELOPMENT PROPOSAL INFORMATION

APPLICANT AND PROPERTY INFORMATION

Street Address	1025 East Pender Street
Legal Description	Lots 10, 11, 12 and 13, Block 64, D.L. 181, Plan 196
Applicant	Ian Pratt and Alan Woo (on behalf of owners)
Architect	Brad Cameron
Property Owners	Lot 10 - 484973 B.C. Ltd., Inc. No. 484973 Lot 11 - Dhaemendra Kumar & Shiu Veera Kumar Lot 12 - 519177 B.C. Ltd., Inc. No. 519177 Lot 13 - Anil Mangal & Saras Mangal
Developer	Pracash Jattam

SITE STATISTICS

	GROSS	DEDICATIONS	NET
SITE AREA	3 667.1 m²	-	3 667.1 m²

DEVELOPMENT STATISTICS

	DEVELOPMENT PERMITTED UNDER EXISTING ZONING	DEVELOPMENT PERMITTED UNDER RT-3 (NOT PROPOSED)	DEVELOPMENT PROPOSED UNDER CD-1
ZONING	M-1	RT-3	CD-1
USES	Various light industrial	Various residential plus other uses	Residential
DWELLING UNITS	N/A	Density for other than one- and two-family dwellings is controlled through RT-3 Guidelines.	as per plan
MAX. FLOOR SPACE RATIO	5.0	0.60 - 0.75 - 0.95 - 1.0 (each subject to specific criteria)	1.0
MAXIMUM HEIGHT	30.5 m	10.5 m	same
MAX. NO. OF STOREYS	N/A	2-1/2	same
PARKING SPACES	As per Parking By-law	As per Parking By-law	same
FRONT YARD SETBACK	0	Averaged to adjoining	same
SIDE YARD SETBACK	0 *	10%, but no greater than 1.5 m	as per plan
REAR YARD SETBACK	3.1 m **	Minimum depth of 20 m	as per plan

* Ten percent requirement exist when an M-1 site adjoins a R district without the intervention of a lane.
** This minimum requirement shall be decreased by the lane width between the rear property line and the ultimate centre line of the lane.

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(c) 1998 City of Vancouver