POLICY REPORT
DEVELOPMENT AND BUILDING

	Date: September 3, 1998
	Author/Local: LChallis/7135
	LU&D No. 98009
	CC File No. 5307

TO: Vancouver City Council

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

SUBJECT: CD-1 Rezoning - 1742-1752 West 2nd Avenue

RECOMMENDATION

THAT the application by Weber and Associates Architectural Consultants, to rezone 1742-1752 West 2nd Avenue (Lots B, 41, 13 & 14, Block 228, DL 526, Plan 5850) from IC-1 Industrial District to CD-1 Comprehensive Development District, to permit a mixed use building, be referred to a Public Hearing, together with:

(i) plans received July 17, 1998;

(ii) draft CD-1 By-law provisions, generally as contained in Appendix A; and

(iii) the recommendation of the Director of Central Area Planning on behalf of Land Use and Development to approve, subject to conditions contained in Appendix B; and

FURTHER THAT the Director of Legal Services be instructed to prepare the necessary CD-1 By-law for consideration at Public Hearing, including a consequential amendment to the Sign By-law to establish regulations for this CD-1 in accordance with Schedule “B” (IC-1).

GENERAL MANAGER'S COMMENTS

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

COUNCIL POLICY

Relevant Council Policies for this site include:

· Burrard Slopes IC Districts Interim Policies, adopted June 24, 1993.
· Burrard Slopes Development Cost Levy By-law, enacted September 29, 1994.
· Central Area Plan, adopted December 3, 1991.

PURPOSE AND SUMMARY

This report assesses an application to permit construction of a 4-storey mixed-use building containing 10 residential dwelling units with office, retail and service uses on the lower two floors, at a maximum density of 1.93 FSR (floor space ratio) and with 54 underground parking spaces.

The proposed development satisfies Council’s objectives to provide medium-density, mixed-use development close to the downtown and nearby transit, and in a form of development that achieves a satisfactory fit with the surrounding area.

Staff recommend that the application be referred to a Public Hearing, with a recommendation that it be approved subject to conditions.

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DISCUSSION

Use: Staff support the proposed uses which include office, retail, service and residential dwellings and are in accordance with the “Burrard Slopes IC Districts Interim Policies”. The Policies allow consideration of above-grade residential in a mixed-use building where the accompanying non-residential uses are residentially compatible.

Density: The proposed overall density of 1.93 FSR is consistent with the IC Districts Policies which recommend a maximum of 2.00 FSR for “high value” uses (office, retail, service and residential uses). The proposed 1.00 FSR for residential use is also in accordance with the Policies which allow a limited amount of residential use to be introduced into the area, without unduly compromising its downtown “support service” role.

The Policies also allow additional density for industrial uses (manufacturing, transportation and storage, warehousing). Although other CD-1 developments in the Burrard Slopes have included a small amount of industrial floor area (less than .50 FSR), the applicant has chosen not to include industrial uses in the proposed development.

The following table outlines the maximum density provisions for the existing IC zoning, the “Burrard Slopes IC Districts Interim Policies” and the proposed CD-1 rezoning application.

TABLE 1 - USES AND MAXIMUM DENSITIES

USE	EXISTING IC ZONING	INTERIM POLICIES (REZONING)	PROPOSED REZONING
Office Service Retail Residential	1.00 FSR 1.00 FSR 1 000 m² not permitted	1.00 FSR 1.00 FSR 1 000 m² 1.00 FSR	0.45 FSR 805 m² (0.48 FSR) 1.00 FSR
Max. for these uses	1.00 FSR	2.00 FSR	1.93 FSR
Manufacturing Trans. & Storage Wholesale Ancillary Office	3.00 FSR 50% of Mfg	no set limit 50% of Mfg	--
ALL USES	3.00 FSR	no set limit *	1.93 FSR

* To be determined on site size, location, use mix, built form, compatibility, etc. (Initial analysis indicates an overall total of approximately 2.50 FSR could be accommodated within the buildingenvelope recommended.)

Form of Development: To a large extent, the form of development is prescribed by the “Burrard Slopes IC Districts Interim Policies” which call for a clear definition of the street by requiring a continuous building extending two to three storeys in height, at the property line, along West 2nd Avenue. Development should also be terraced back and provide adequate setbacks in order to ensure sunlight on the street and to the residential units. The Policies also encourages development which maintains the area’s existing small scale and architecturally varied character.

The proposed form of development generally meets the recommended building orientation and architectural character as well as the recommended setbacks and terracing. The building steps back from the property line at the 3rd and 4th storeys, to provide the residential units with extra large decks and roof terraces.

Appendix C provides further details on the proposal’s response to the “Burrard Slopes IC Districts Interim Policies”.

CONCLUSION

Staff support the proposed rezoning which is consistent with the Council-adopted “Burrard Slopes IC Districts Interim Policies”. Staff recommend that the application be referred to a Public Hearing, subject to the proposed conditions of approval presented in Appendix B.

DRAFT CD-1 BY-LAW PROVISIONS

Uses · Dwelling Units.

· Office Uses.
· Retail Uses, but not including Gasoline Station - Full Serve, Gasoline Station -Split-Island, Liquor Store and Vehicle Dealer.
· Service Uses, provided that the Director of Planning is satisfied that the specific uses and designs are residentially compatible, but not including Animal Clinic, Auction Hall, Body-rub Parlour, Cabaret, Catering Establishment, Drive-through Service, Funeral Home, Hotel, Laboratory, Laundry or Cleaning Plant, Motor Vehicle Repair Stop, Motor Vehicle Wash, Neighbourhood Public House, Production or Rehearsal Studio, Repair Shop -Class A, Repair Shop - Class B, Restaurant - Class 2, Restaurant - Drive-in, School - Arts or Self-improvement, School - Business, School - Vocational or Trade, and Sign Painting Shop.
· Accessory Uses customarily ancillary to the above uses, provided that the accessory uses are not greater than 25 percent of the gross floor area of the principal and accessory uses combined, and provided that the floor area in accessory uses accessible to the general public is separated by a wall from the floor area in other uses.

Density · Maximum floor space ratio of 2.00 FSR, based on the area of the site prior to lane dedication, of which a maximum of 1.00 FSR is for residential use, a maximum of 1.00 FSR is for office uses, a maximum of 1.00 FSR is for service uses, and a maximum floor area of 1 000 m² is for retail uses.

Height · A maximum of 13.7 m (45 ft.).

Parking and Loading

· Residential Uses as per RM-4 standard cited in the Parking By-law.
· Non-residential Uses as per the Parking By-law.
· Relaxation provisions as per section 3.2 of the Parking By-law.

Acoustics

· As per 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 Weber and Associate Architectural Consultant, and stamped "Received City Planning Department, July 17, 1998”, 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 maintain and enhance the existing area character and ensure livability;

(ii) design development to the landscaping to

· ensure that the streetscape relates to the long-term public realm treatment in Burrard Slopes; and

· improve treatment of the lane;

(iii) design development to take into consideration, the principles of Crime Prevention Through Environmental Design (CPTED) having particular regard to reducing opportunities for theft in the underground parking.

(Note to Applicant: This can be achieved by ensuring the residential lobby elevator does not open to the commercial level. Keying the elevator for residential moving may be necessary.)

(c) THAT, prior to enactment of the CD-1 By-law, the registered owner shall, at no cost to the City:

(i) make suitable arrangements to the satisfaction of the Director of Legal Services and the Approving Officer to consolidate the site;

(ii) make arrangements to the satisfaction of the General Manager of Engineering Services and Director of Legal Services for:

· the dedication of the southerly 2 ft. portion of Lots 13, 14 and 41 for futurelane widening purposes; and

· clarification of the covenant shown on the land title of the site;

(iii) make suitable arrangements to the satisfaction of the General Manager of Engineering Services for all electrical and telephone services to be undergrounded within and adjacent the site from the closest existing suitable service point;

(iv) make suitable arrangements to the satisfaction of the General Manager of Engineering Services and the General Manager of the Park Board for the provision of street trees adjacent to the site; and

(v) execute a legal agreement to the satisfaction of the Director of Legal Services providing that owners will not discriminate against families with children in the sale of residential units.

ADDITIONAL INFORMATION

Site, Surrounding Zoning and Development: The site includes four legal parcels with a total area of 1 662 m² (17,886 sq. ft.) and is located mid-block on West 2nd Avenue between Burrard Street and Pine Street. The site has a frontage of 45.7 m (150 ft.) and a depth of approximately 36.5 m (120 ft.) and slopes slightly southward from West 2nd Avenue by about 0.8 m (2.5 ft.). The site is presently occupied by a one-storey wood frame structure used for wholesaling and warehousing. Surface parking for 15 cars is provided at the rear off the lane.

Surrounding lands are zoned IC-1 (Industrial District) and are generally developed with 1 to 2 storey buildings used for retail, offices, vehicle dealers, wholesaling and warehousing. The east side of Burrard Street is zoned IC-2 (Industrial District) and is occupied primarily by vehicle dealers.

Proposed Development: The proposed development is a 4-storey building which includes retail units on the 1st floor, offices and residential units on the 2nd floor and residential units on the 3rd and 4th floors. The building’s internal design is intended to allow purchasers the flexibility of dividing or consolidating residential units to provide a variety of living spaces. Thirty-three (33) commercial parking spaces and 21 residential parking spaces are provided below grade with access from the existing lane.

The 1st and 2nd storeys are located at the property line along West 2nd Avenue. The 3rd and 4th storeys are set back to provide private and semi-private residential decks and roof terraces, and to improve sun access on the street and to the residential units.

Burrard Slopes IC Districts Interim Policies: The Policies provide a variety of criteria for evaluating CD-1 rezonings, some of which (use, density, massing, image and character) are referred to in the Discussion Section. The proposal addresses the remaining criteria in the following manner:

· Height: The proposed height of 13.7 m (45 ft.) conforms to the maximum outright height specified in the Policies and is well below the maximum height of 15.3 m (50 ft.) which may be approved if public views are not negatively affected.

· Livability: Livability standards have been met, and significant private and semi-private open space is provided. Safety issues have been dealt with to address resident’s personal security. An acoustical report provides evidence that noise expected in the dwelling units will have acceptable levels and can be dealt with successfully at the development permit stage.

· Streetscape and Site Landscape: The development proposes to provide street trees, subject to Park Board and Engineering staff approval, within the existing sidewalk allowance. Additional landscaping will be provided within the semi-public open spaces, as well as for the private and semi-private residential decks and roof terraces, thereby adding to the residential character of the project. A detailed landscape plan will be a requirement of a development application to ensure that the streetscape relates to the long-term public realm treatment in Burrard Slopes.

· Access and Circulation: The proposed access and circulation will meet the policies by concentrating vehicular access in the lane and pedestrian access on the street.

· Parking and Loading: All recommended policies and Parking By-law requirements have been adhered to, including the provision of adequate bicycle parking.

· Utilities and Services: The new development would be serviced with underground utilities. Adequate provisions have been made for secure recycling and refuse containers.

· Public Benefits: In addition to offering the benefit of increasing housing opportunities in the inner-city, the site would be subject to a development cost levy at the building permit stage.

Environmental and Social Implications: The proposed rezoning neither contributes to nor detracts from the objective of reducing atmospheric pollution. There are no major positive or negative social implications to this proposal. There are no implications with respect to the Vancouver Children's Policy or Statement of Children's Entitlements.

COMMENTS FROM THE PUBLIC, REVIEWING AGENCIES
AND THE APPLICANT

Public Input: On March 24, 1998, a rezoning information sign was posted on the site and on March 27, 1998, a notification letter was sent to 302 nearby property owners. Staff received two telephone enquiries, one seeking additional information about the proposal and the other expressing concern about the potential noise impacts from Mitchell Press (located at 1706 West 1st Avenue).

The applicant has undertaken a noise study which has determined that noise from Mitchell Press would not be a problem.

Comments of the City Engineer: The City Engineer has no objection to the proposed rezoning, provided that the applicant complies with conditions as shown in Appendix B.

Urban Design Panel Comment: The Urban Design Panel reviewed this proposal on two occasions. At the first review on April 8, 1998, the Panel was unable to support the application due to the following specific concerns:

· the above-grade parking at the rear of the building contributed to a blank 2-storey massing along the lane;
· the proposal did not capture the industrial imagery called for in the policies; and
· livability issues related to dwelling units with interior bedrooms and dens.

At the second review on July 29, 1998, the Panel reviewed the revised proposal and offered the following comments:

“The Panel thought this submission was a significant improvement over the previous scheme. The applicant’s positive response to the Panel’s earlier concerns was appreciated.

The Panel found that the proposal effectively captured the light industrial character of the area. Its simplified massing is a much better fit for the context and is particularly improved at the rear elevation.

There was mixed response to the open frame on West 2nd Avenue. There was some support and a comment that it helps to resolve the elevation of the building. There was one suggestion to tone it down at the upper level. The Panel had no problem with the enclosed patios.

The Panel looks forward to seeing the sidewalk treatment details at the next stage of the development, noting this aspect of the scheme is as yet unresolved. Greater detail should also be provided with respect to development of the patios, and screening and privacy issues.

There was a suggestion that the unit plans need to be massaged in terms of internal circulation.

The Panel acknowledged the considerable improvement of the lane elevation and was satisfied that the screening will be effective. It was strongly recommended that the applicant take the opportunity to introduce planting in the lane.”

Comments of the Applicant: The applicant has been provided with a copy of this report and has provided the following comments:

"We have reviewed your draft policy report of September 3, 1998, and concur with your statements in the report.

We appreciate your prompt processing of this application.”

APPENDIX F

APPLICANT, PROPERTY, AND DEVELOPMENT PROPOSAL INFORMATION

APPLICANT AND PROPERTY INFORMATION

Street Address	1742-1752 West 2nd Avenue
Legal Description	Lots B, 41, 13 & 14, Block 228, DL 526, Plan 5850
Applicant/Architect	Weber and Associates Architectural Consultant
Property Owner/Developer	Millboro Holdings (2nd Ave) Ltd.

SITE STATISTICS

	GROSS	DEDICATIONS	NET
SITE AREA	1 661.57 m² (17,886 sq. ft.)	18.57 m² (200 sq. ft.)	1 643 m² (17,686 sq. ft.)

DEVELOPMENT STATISTICS

	DEVELOPMENT PERMITTED UNDER EXISTING ZONING	PROPOSED DEVELOPMENT	RECOMMENDED DEVELOPMENT (if different than proposed)
ZONING	IC-1	CD-1
USES	Manufacturing, Transportation & Storage, Wholesale, Office, Retail, Service	Dwelling, Office, Retail, Service
MAX. FLOOR SPACE RATIO	3.00 FSR	1.93 FSR
MAXIMUM HEIGHT	18.3 m (60 ft.)	13.7 m (45 ft.)
PARKING SPACES	Per Parking By-law	33 - commercial spaces 21 - residential spaces

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(c) 1998 City of Vancouver