POLICY REPORT
DEVELOPMENT AND BUILDING
Date: November 24, 1998
Author/Local: LChallis/7135
LU & D No. 97033
RTS No. 371
CC File No. 5308
TO: Vancouver City Council
FROM: Director of Central Area Planning on behalf of Land Use and Development
SUBJECT: CD-1 Text Amendment: 5605 Victoria Drive
RECOMMENDATION
THAT the application by James KM Cheng Architects Inc. to amend CD-1 By-law No. 7715 for 5605 Victoria Drive (Lots 1 and 2, DL 707 South Half, Plan 13918) to allow additional development which would include an 80-unit residential building with a large retail store, two small commercial buildings and a parkade, be referred to a Public Hearing, together with:
(i) plans received September 8, 1998;
(ii) draft CD-1 By-law amendments, 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.
FURTHER THAT the Director of Legal Services be instructed to prepare the necessary by-law for consideration at Public Hearing.
GENERAL MANAGER'S COMMENTS
The General Manager of Community Services RECOMMENDS approval of the foregoing.
COUNCIL POLICY
Relevant Council Policies for this site include:
· Kensington-Cedar Cottage Community Vision, adopted July 21, 1998.
· C-2 Residential Guidelines, adopted November 2, 1993.PURPOSE AND SUMMARY
This report assesses an application to permit additional development on this site which until recently included a large, vacant retail store (former Safeway) and some surface parking. The retail store has been demolished and would be rebuilt in accordance with the existing CD-1 zoning. The proposed amendment would increase the floor space ratio from 0.30 to 1.39 to allow the addition of:
· a 4-storey, 80-unit residential building fronting on East 41st Avenue with the upper 3 storeys extending over the roof of the large retail store (proposed London Drugs);
· a 303.6 m² (3,268 sq. ft.) addition to the large retail store;
· two 2-storey commercial buildings along Victoria Drive; and
· a 2-level parkade on the northwest portion of the site.Staff support the proposal which will strengthen the focus of the East 41st Avenue and Victoria Drive commercial area, as well as provide additional housing which would generally conform to the requirements for residential development in the adjacent C-2 (Commercial) District. As public benefits, the applicant would provide space in one of the new commercial buildings for a community policing centre and a small kiosk along Victoria Drive for use by the South Vancouver Neighbourhood House (SVNH).
The proposal originally included retention and renovation of the retail store, and the site planning and assessment of the application was based on this constraint. Now, almost all of the building has been demolished in error, rendering the site technically vacant. A similar new building, built to structurally accommodate residential above, would take its place. Because the redevelopment scheme is generally acceptable following several revisions, and also because the developer is committed to providing a building for London Drugs, staff continue to support the rezoning.
Staff recommend that the application be referred to a Public Hearing, with a recommendation that it be approved subject to conditions.
map
DISCUSSION
Background: The site includes two individual parcels separated by a City lane. Prior to 1970, the westerly parcel was zoned RS-1 and the easterly parcel was zoned C-2 and occupied by a small Safeway store. In 1970, the westerly parcel was rezoned to C-2 with Councils stated intent being to allow the Safeway store to be expanded and relocated there. The original site became the Safeway parking lot.
In 1996, the Safeway store closed and staff began to receive enquiries about redeveloping the site. Staff were concerned about the potential scale and impact of redevelopment on the adjacent residential area and believed that redevelopment to maximum C-2 potential was not consistent with Councils original intent of rezoning the westerly lot, and recommended a rezoning to protect the public interest.
Council agreed and, in March 1997, the entire site was rezoned to CD-1 with the development potential limited to the density of the former Safeway store (0.30 FSR) and all uses permitted in C-2, except multiple dwelling. At the time, it was recognized that this was likely an interim zoning and it was anticipated that a future rezoning for the site would either propose a comprehensive redevelopment scheme or be guided by the Kensington Cedar-Cottage Community Vision.
The current rezoning application proposed retention and renovation of the large retail store and the analysis of the proposal was done on that basis. Staff recognized that the large retail store constrained the sites redevelopment potential. In mid-November, staff learned that the store had been demolished in error but that the applicant wished to rebuild the store and continue with the proposed redevelopment of the site.
Presently, a development application is being processed to rebuild the former Safeway building as a London Drugs store.
Comprehensive Development Scheme: The applicant has proposed a scheme that retains significant elements of the site (a large retail store and surface parking) which constrain the form and location of additional development that can be accommodated. The proposal attempts to build onto the site by covering some of the surface parking areas (a 4-storey residential building along East 41st Avenue, two small commercial buildings along the surface parking area on Victoria Drive, and a parkade structure along the northern boundary) and extending a 3-storey residential building with a linear courtyard above a reconstructed retail store. Staff encouraged the applicant to provide a more comprehensive, long-term scheme for the site, but the applicant feels that due to the long-term lease arrangements with London Drugs, the current proposal meets that objective.
Kensington-Cedar Cottage Community Visioning: The KCC Community Vision, adopted by Council July 21, 1998, provides direction for the future development of the shopping area that includes this site. This rezoning application was made prior to the completion of the Vision, and originally was constrained by the proposal to reuse the existing building and front parking. On that basis, the development was felt to respond to the Vision in the following ways:· strengthens the area as a major neighbourhood shopping area (London Drugs and other additional retail);
· retains a significant amount of parking for local commercial uses;
· improves pedestrian comfort and appearance (additional planting, benches, and other improvements around the surface parking area);
· enhances community services (community policing centre and SVNH kiosk);
· provides more variety in the type of housing in mixed use developments (apartments, townhouses and ground-oriented units); and
· contributes to greening on private sites.While the current proposal is to reconstruct, rather than retain, the existing building for London Drugs use, staffs evaluation of the proposal with respect to the KCC Vision remains the same. Staff note, however, that options that might have been pursued on a vacant site, unconstrained by the existing building, could have gone considerably further in Vision directions--particularly with respect to strengthening shopping along the street and providing housing variety.
Additional conditions of development (Appendix B) are recommended to ensure that the proposal is a positive addition to the community and meets the approved Vision directions as much as possible.
Use: All uses proposed for this site are consistent with the uses permitted in the CD-1 By-law.
Density: Under the sites former C-2 zoning, a maximum density of 3.00 FSR could have been approved for commercial development or a maximum of 2.50 FSR could have been approved for a mixed residential and commercial development, if underground parking was provided for the whole development. The proposed density of 1.39 FSR is significantly less, because the commercial component is provided with surface and above-grade parking which reduce the amount of density that the site can accommodate. Given the split of underground and above-grade parking and other urban design considerations such as compatibility with the C-2 strip and neighbourhood fit, staff find this density acceptable for the development being proposed.
Form of Development: The applicant proposes to accommodate about half of the residential use on the site by building over a reconstructed retail building and the form of development for the residential use is therefore guided by the C-2 Residential Guidelines. The Guidelines are intended to encourage housing that . . . is compatible with commercial uses and with adjacent developments, maintains livability, and achieves an appropriate form and character in terms of the street, the neighbourhood and the overall city.
The proposed form of residential development generally meets the intent of the guidelines related to livability, streetscape quality, neighbourliness and safety and security. Although not sought by the guidelines, the larger proposed units, including 29 two-storey units, can accommodate families with children. The proposal also incorporates generous private patios and semi-private (common) courtyards which contribute to livability. Although the 17.4 m (57 ft.) height exceeds the 12.2 m (40 ft.) outright height in C-2, the highest part of the development is along the lane which separates the two portions of the site, therefore staff are satisfied the scale of the project is not excessive within the C-2 context of Victoria Drive. Along the westerly lane and adjacent the RS-1S zone, the building height is significantly less, ranging between 11.3 m and 14.0 m (37-46 ft.), as shown in Appendix E.
In terms of setbacks from the neighbouring RS-1S zone to the west, the residential component exceeds those called for in the guidelines. The retention of existing mature trees and incorporation of extensive new landscaping further buffers this sensitive interface.
Because the reconstruction of the large retail store is treated as new construction, opportunities exist for further design development. This could include improved treatment of the westerly facade and additional landscaping.
Parking and Traffic: Parking is proposed in excess of the requirements of the Parking By-law to ensure that this commercial centre is well-served by off-street parking and to minimize the parking and traffic impacts on the adjacent residential streets. Vehicle access to the site from Victoria Drive has been reduced from two to one entry point which will reduce conflicts between pedestrian and vehicle traffic. Design conditions are recommended (Appendix B) to ensure that the surface parking area receives high quality landscape and paving treatment to provide a plaza-like feeling and meet Vision directions.
Public Benefits: Normally, an economic analysis of the proposed rezoning would be undertaken to indicate whether the increased profit accruing from the proposed rezoning would justify a community amenity contribution. Staff have not undertaken this process because the sites current low density (0.30 FSR) resulted from a City initiated downzoning and because the density proposed by the current rezoning is still significantly less than the permitted density under the C-2 zoning that previously applied to the site.
The applicant has however proposed two public benefits - the first is approximately 150 m² (1,600 sq. ft.) of finished office space on two levels (ground and 2nd floor) for a community policing centre (CPC). The proposed CPC contributes to the objective of the KCC Community Vision which specifically calls for strengthening community crime prevention efforts and extending them into more areas of KCC. The Vision also notes that funding stability is needed. The Vancouver Police Department supports a CPC at this location and the Community Crime Prevention Office which is presently located in an existing storefront at 6707 Fraser Street is interested in relocating.
The applicant proposes to provide the space rent-free for a term of up to 15 years, with the tenant being responsible for common area operating costs and taxes. These terms and costs are still under discussion, due to the projected high operating costs for the space. Should Council refer this application, staff will provide further advice at a Public Hearing with respect to conditions of approval.
The second public benefit is a small kiosk which would be located along Victoria Drive. It has been offered to the South Vancouver Neighbourhood House which would operate the kiosk for training and fund-raising purposes.
CONCLUSION
Staff support the proposed rezoning which addresses some of the objectives of the KCC Community Vision, including strengthening the 41st Avenue and Victoria Drive commercial centre, has been designed to minimize impacts on the adjacent residential area and offers public benefits of a community policing centre and a kiosk. Staff recommend that the application be referred to a Public Hearing, and approved, subject to the proposed conditions presented in Appendix B.
DRAFT AMENDMENTS TO CD-1 BY-LAW NO. 7715
1. Amend section 3.1, Floor Space Ratio, by deleting the figure 0.30 and replacing with the figure 1.39.
2. Amend section 4 by renumbering section 4 to 8 and inserting the following new sections 4, 5, 6 and 7:
4. Height
The maximum building height, measured above the base surface, is 17.4 m (57 ft.) and must not extend beyond 4 storeys.
5. Setbacks
The minimum setback of a residential building from the south property is 3.7 m (12 ft.) and from the west property is 3.1 m (10 ft.).
6. Off-Street Parking and Loading
6.1 Off-street 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) a minimum of 0.85 off-street parking spaces for every dwelling unit, plus one space for each 250 m² of gross floor area must be provided.
6.2 The Director of Planning, on the advice of the City Engineer, may grant a relaxation in the requirements of section 6.1 where enforcement would result in unnecessary hardship and where he is of the opinion that such relaxation will not adversely impact surrounding developments and residents or the parking needs of residents or visitors to the site.
7. Acoustics
All development permit applications require evidence in the form of a report and recommendations prepared by a person trained in acoustics and current techniques of noise measurement demonstrating that the noise levels in those portions of the dwelling units listed below will not exceed the noise level 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 noise level in decibels.
Portions of Dwelling Units Noise Levels (Decibels)
bedrooms 35
living, dining, recreation rooms 40
kitchen, bathrooms, hallways 45"PROPOSED CONDITIONS OF APPROVAL
(a) THAT the proposed form of development be approved by Council in principle, generally as prepared by James KM Cheng Architects Inc., and stamped "Received City Planning Department, September 8, 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 the residential linear courtyard to increase the width and open the ends;
(ii) design development to the residential development to cut back the west elevation and the southwest corner at the fourth storey
(iii) design development to the commercial portion of the development, including the surface parking area, to
· provide additional greening wherever possible, such as adjacent to the sidewalk along Victoria Drive, as separation from parking (e.g., replace bollards with low decorative fencing with landscaping);
· provide storefront awnings and canopies for adequate weather protection;
· physically separate pedestrian walkways from cars with suitable devices, such as wheel stops;
· ensure good quality building materials.
(iv) design develoment to improve the interface between the commercial portion of the development and the residential neighbourhood to the west. Can be incorporated in reconstruction of large retail building.
(v) design development to maximize greening of the site;
(vi) design development to the loading facility to provide adequate loading bay throat widths for semi-trailer access;
(vii) design development to take into consideration the principles of Crime Prevention Through Environmental Design (CPTED), having particular regard to reducing opportunities for:
· mischief in lanes. The indent caused by residential parking exit stairs to the lane must be deleted. Consideration should be given to gating the loading bay during non-business hours.
· theft in and from autos in the parkade. The lower level of the parkade should have considerable access control with capabilities for total security from pedestrians and vehicles, while remaining visibly open. The upper level should be secured for vehicles during non-business hours.
· graffiti. Both the residential units facing the east lane and the parkade will be susceptible to graffiti. Removal of graffiti is an expense to building owners and strata councils. Opportunities can be mitigated by reducing areas of exposed wall, by covering these walls with vines, hedges, lattice or steel mesh or by using a protective coating material. Contact Helen Chomolok, Graffiti Coordinator at 873-7927 for further information and resource.
Note: Clarification is needed regarding the suspended stairs. Plans indicate the stairs are totally enclosed.
(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 General Manager of Engineering Services and the Director of Legal Services for a 4.5 m Right-of-Way at the west property line of the site between 40th Avenue and the lane to the north of 40th Avenue to accommodate access to the existing 15-inch sewer that runs through the site as well as future utilities (Note: All portions of the proposed parking structure are to be clear of this right-of-way. The Right-of-Way will remain open and unfettered for public access.);
(ii) make suitable arrangements to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services for a stormwater storage system for the site;
(iii) make suitable arrangements to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services for relocation of the utilities contained within the existing 20-foot wide Right-of-Way that passes through the site (Note: If the utilities cannot be relocated to the Citys satisfaction, construction will not be permitted within the Right-of-Way);
(iv) make suitable arrangements to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services for a 3.048 m wide Right-of-Way on the west side of the site, between 41st Avenue and the lane north of 41st Avenue to accommodate the utilities relocated from the existing utilities Right-of-Way that passes through the site (no portion of the building above or below grade is to be within the proposed 3.048 m wide Right-of-Way. Landscaping within this Right-of-Way will also be restricted but can be refined at the development permit stage.);
(v) 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 the site where space permits;
(vi) make suitable arrangements to the satisfaction of the General Manager of Engineering Services and Director of Legal Services for the provision of handicapped ramps at the N/E and N/W corners of the lane west of Victoria Drive and West 41st Avenue and the N/E corner of Commercial Street and West 41st Avenue;
(vii) make suitable arrangements to the satisfaction of the General Manager of Engineering Services and Director of Legal Services for special paving of the lane adjacent to the site (a registered encroachment agreement will be required);
(viii) 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;
(ix) make suitable arrangements to the satisfaction of the Director of Legal Services and the Director of Planning that the two sites be locked together;
(x) make suitable arrangements, to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services for clarification of all charges to the land title of the site (a charge summary should be provided);
(xi) execute a legal agreement satisfactory to the Director of Legal Services providing that owners will not discriminate against families with children in the sale of residential units;
(xii) execute legal agreements satisfactory to the Director of Legal Services and Manager of Real Estate Services pertaining to a public amenity space (Crime Prevention Centre) to:
· provide to the City a minimum floor area of 147.9 m² (1,592 sq.ft.) as noted on the drawings dated September 8, 1998;
· install improvements required to outfit the office, including heating, ventilating, air conditioning, lighting, electrical, walls, paint, millwork, flooring, conduit and cabling for telephones and alarm system, and a complete washroom; and
· [Condition with respect to terms and costs to be finalized and brought forward for Councils consideration at the Public Hearing.]
ADDITIONAL INFORMATION
Site, Surrounding Zoning and Development: The site includes two legal parcels with a total area of 9 364 m² (100,792 sq.ft.) which are separated by a City lane. The easterly parcel has a frontage of 69.7 m (129 ft.) along Victoria Drive and a depth of approximately 38.0 m (125 ft.). The westerly parcel has a frontage of approximately 138.4 m (454 ft.) along the City lane and a depth ranging between 41.0 to 50.0 m (135 to 164 ft.). The southern property line of this parcel faces 41st Avenue. The site slopes down from south to north by about 1.8 m (6 ft.).
The site is presently vacant. Until recently it was occupied by a large retail store (former Safeway) which is to be reconstructed for reuse as a London Drugs store. The remainder of the site provides surface parking.
North, south and west of the site is zoned RS-1S and is developed with older one-family dwellings, some with secondary suites. A small church is located immediately west on 41st Avenue. Properties along Victoria Drive are zoned C-2. Southeast of the site, at the corner of 41st and Victoria is a small commercial building. North and east of the site along Victoria Drive are a lumberyard and 1- and 2-storey commercial buildings.
Proposed Development: The proposed rezoning would allow redevelopment of the site with reconstruction of a large retail store and some surface parking. A 4-storey residential building is proposed on the portion of the site that abuts 41st Avenue. The upper 3-storeys of this building would extend over the London Drugs store. The residential development would include 80 dwelling units and 103 underground parking spaces for residents. Three townhouse units are included with ground-level access from 41st Avenue. Twenty-six 2-storey townhouse units are included in the extension over London Drugs with access from a central linear courtyard.
Also proposed on the site are two small (2-storey) commercial buildings which would be located adjacent to the surface parking area that fronts onto Victoria Drive. The applicant is including space [approximately 150 m² (1,600 sq.ft.)] in one of the commercial buildings for a community policing centre and a small kiosk on Victoria Drive for use by the South Vancouver Neighbourhood House. High quality landscaping and paving are proposed for the surface parking area which would provide 59 parking spaces for the commercial uses and could be used as a gathering place for community-based events. Special paving treatment is also proposed for the lane running through the site.
A 2-level open-air parkade is proposed for the northwest portion of the site to provide 75 additional parking spaces for the commercial uses.
Environmental and Social Implications: The proposed text amendments contribute to the objective of reducing atmospheric pollution by increasing housing on a site that is well-served by both transit and local services. The proposed community policing centre and kiosk are both positive social contributions. 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 APPLICANTPublic Input: A notification letter was sent to 783 nearby property owners on April 6, 1998, and a rezoning information sign was posted on the site on April 8, 1998. Staff received 8 telephone calls, 3 letters and 2 petitions (a total of 187 signatures). One caller supported the proposal. The remainder of the calls, letters and petitions were concerned about:
· the height and density of the residential building;
· the potential parking impacts from the commercial uses;
· the loss of commercial space and parking area to residential use;
· the suitability of the site for residential use (noisy, pollution);
· safety and security; and
· the proposals relationship to the KCC Community Vision for this site.The owner of the adjacent lumberyard was also concerned about loss of access to his parking lot from Victoria Drive. Staff have determined that there is no legal requirement to provide access through the former Safeway parking lot to the site and consider the access from the lane as adequate.
On July 21, 1998, a second letter was sent to nearby property owners to notify them that the proposed height of the project had been reduced. Staff received 2 telephone calls and 2 letters of opposition with concerns about the impacts on neighbours (traffic, parking, views and privacy). The organizer for one of the petitions noted above (18 signatures) confirmed the previous concerns about using commercial land for residential use.
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 22, 1998, the Panel was unable to support the application due to the following specific concerns:
· the residential addition over London Drugs presented livability issues related to the units adjacency to the tar and gravel roof;
· the landscaping needed significant improvement and many more trees, especially to create a Granville Island-like atmosphere around the Victoria Drive parking area;
· the site needed a higher quality pedestrian environment; and
· the lane needed higher quality treatment to recognize its important role as a secondary street in the community.At the second review on July 15, 1998, the Panel reviewed the revised proposal and offered the following comments:
The Panel responded very positively to the changes that have been made to the project and unanimously supported the application. In particular it was felt that distributing the massing over the entire roof of the London Drugs store was a significant improvement, resulting in some very livable units. There may be a couple of units whose outlook may be somewhat tight, but it was noted that the units themselves are very handsome. The reduction in height from 6 to 4 storeys was supported.
A number of comments were made about the linear courtyard. There was some confusion in that the width of the courtyard appears to be quite adequate in section whereas the model seems to indicate that it will be very dark and constricted. Further design development to the courtyard was strongly recommended to make it work. It was suggested that the projecting third floor exterior walkway could be a contributing factor.
The Panel strongly endorsed the lowering of the London Drugs canopy and urged that everything possible be done to play down the typical London Drugs imagery to achieve a more harmonious fit with the residential.
The Panel strongly supported the proposed paving treatment. Given its importance to this project as a unifying device and as a response to the neighbourhood vision statement, the Panel expressed the hope that it will also receive the full support of the Engineering Department.
The Panel had no concerns about the setbacks along the lane.
There may be an opportunity to introduce some landscape vines and trellises on the parkade deck next to the residential-retail mix which would help to soften both the overlook from the neighbouring properties and from the residential units themselves.
Comments of the Applicant: The applicant has been provided with a copy of this report and has provided the following comments:"We have reviewed the Policy Report, dated November 24, 1998 and we concur with the proposed Conditions of Approval outlined in Appendix B of the report."
APPENDIX F
APPLICANT, PROPERTY, AND DEVELOPMENT PROPOSAL INFORMATION
APPLICANT AND PROPERTY INFORMATION
Street Address
5605 Victoria Drive
Legal Description
Lots 1 & 2, South Half of District Lot 707, Plan 13918
Applicant/Architect
James KM Cheng Architects Inc.
Property Owner
Abbey Woods Development Ltd.
Developer
Westbank Projects Corp.
SITE STATISTICS
GROSS
DEDICATIONS
NET
SITE AREA
9 364 m² (100,792 sq.ft.)
---
9 364 m² (100,792 sq.ft.)
DEVELOPMENT STATISTICS
DEVELOPMENT PERMITTED UNDER EXISTING ZONING
PROPOSED DEVELOPMENT
RECOMMENDED
DEVELOPMENT
(if different than proposed)ZONING
CD-1
CD-1 (Amended)
---
USES
Dwelling, Office, Retail, Service
Dwelling, Office, Retail, Service
---
MAXIMUM FLOOR SPACE RATIO
0.30 FSR
1.39 FSR
---
MAXIMUM HEIGHT
Per existing
form of development17.4 m (57 ft.)
---
PARKING SPACES
Per Parking By-law
134 - commercial spaces
103 - residential spaces---
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(c) 1998 City of Vancouver