Agenda Index City of Vancouver

ADMINISTRATIVE REPORT

TO:

Standing Committee on Planning and Environment

FROM:

Director of Current Planning

SUBJECT:

2102 West 38th Avenue
Development Application Number DE404751
Owner of Development: Orca West Developments

 

CONSIDERATION

The Director of Current Planning submits the following for consideration:

GENERAL MANAGER’S COMMENTS

COUNCIL POLICY

At its meeting on June 2, 1998, Council instructed the Director of Planning to:

A. refer all proposed height relaxations under Sections 4.3(a) and (b) C-2 Residential Guidelines to Council for advice;
B. delete Section 4.3(c) of the C-2 Residential Guidelines permitting height relaxations over 16.8 m pending a full review of the C-2 zone;
C. amend the C-2 Residential Guidelines to add a general clause indicating that projects should have a very good architectural design and should use quality exterior materials and that projects should be referred to Urban Design Panel (UDP) for advice;
D. report back to Council before the summer break with a timetable, work program and resourcing to undertake a C-2 review; and
E. instruct staff that the Guidelines take precedence where there is a conflict between the District Schedule and the Guidelines.

SUMMARY

In accordance with Council’s instructions of June 2, 1998, this development application is being referred to Council for advice as the proposal requires a building height relaxation.

The proposed development is for the construction of a four-storey wood frame retail/residential building and will require a height relaxation from 12.2 m/40.0 ft. to 13.03 m/42.72 ft. at the northwest portion of the building (worst case condition). The site has a slope of more than 1.5 m/4.92 ft. which qualifies for consideration of a height relaxation. Analysis of the additional height confirms that there will be minimal impact on the surrounding sites.

The proposed rear yard setback complies with the setback as prescribed under the C-2 District Schedule, however, the Guidelines recommend terracing back above the second-storey to create more separation for neighbours across the lane. Although the neighbouring building across the lane is a 13-storey multiple dwelling and is set back approximately 12.2 m/40.0 ft. from the lane, staff note that five to seven units will be adversely impacted. Therefore, staff seek some relief to the building mass on the lane side to be consistent with the Guidelines.

The proposed development also incorporates an interior courtyard. In general, staff support courtyards, however, on this somewhat shallow site, the courtyard pushes the massing to the perimeter of the building and does not fully meet the Guidelines, such as maximizing sun access. While staff do support the relaxation of the courtyard dimensions as proposed, a more substantive response to sun access is sought.

The Director of Planning is, therefore, prepared to support revisions to this development application, subject to design conditions which include design development to reduce the building mass on the lane side, to enhance the courtyard sun access and to refine the architectural treatment of the street facades. However, before making a decision, this proposal is being referred to Council for advice.

This report seeks Council's advice on a development application requesting permission to construct a four-storey building containing retail/residential, where the proposed building exceeds 12.2 m/40.0 ft. in height.

SITE DESCRIPTION

The site is located at the southwest corner of West Boulevard and West 38th Avenue. The sites to the west are zoned RM-3 (Kerrisdale) which allows for residential uses (multiple dwellings). The site directly across the lane to the west is a residential tower, zoned CD-1, which is similar in scale to the other hi-rises in the RM-3 neighbourhood.

The site and surrounding zoning are shown on the attached Appendix ‘A’.

DISCUSSION

The proposal involves the construction of a four-storey building containing retail and two dwelling units on the first-storey and 36 dwelling units on the second- to fourth-storeys with two-levels of underground parking having vehicular access from the rear lane.

Simplified plans of the proposal have been included in Appendix ‘B’.

The proposed development has been assessed against the C-2 District Schedule and C-2 Residential Guidelines and generally meets the intent, with some exceptions. The most significant issues are discussed below.

Height

A height relaxation of 0.83 m/2.72 ft. above the 12.2 m/40.0 ft. allowable height is requested for this proposed development. In accordance with the Guidelines, the maximum building height of 12.2 m/40.0 ft. may be marginally increased for concrete construction of the residential component, or where the site slopes more than 1.5 m/4.92 ft. Increases will only be considered where it can be demonstrated that there is no increased overshadowing or a reduction of views to surrounding neighbours. Consideration should also be given to street character, overall building bulk, open space and amenity.

The proposed construction for this building is concrete for the first-storey commercial/residential and the two levels of underground parking, and wood frame for the three residential levels (second- to fourth-storeys).

The site slopes down from east (West Boulevard) to west (lane), by 1.27 m/4.16 ft. along the north (West 38th Avenue) property line and by 0.78 m/2.57 ft. along the south property line, and slopes down from north to south by 0.10 m/0.32 ft. along the east (West Boulevard) property line. The site, however, along the west (lane) property line, slopes up from north (West 38th Avenue) to south by 0.39 m/1.27 ft.

Further, in considering any height relaxations, the Director of Planning must also first consider the view impacts of the proposed development upon neighbouring sites. Staff’s assessment of the additional height is that there will be minimal impact on surrounding sites. Staff note that four letters have been received objecting to the requested height relaxation. However, these comments have been reviewed and staff consider the degree of view impact generated by the requested height overage to be minimal.

Staff believe that the proposed height relaxations, up to 0.83 m/2.72 ft. at the west side of the building, are supportable given the slope of the site and the minimal view impact.

Density and Massing

The development proposes a total floor space ratio (FSR) of 2.98, of which 2.19 is for residential uses located on the second- to fourth-storeys (0.18 FSR of residential use is located on the first-storey facing the lane). Section 4.7 of the Guidelines suggests that corner sites may be able to achieve 1.8 to 2.2 FSR residential on the second-storey and above. The C-2 District Schedule allows 3.0 FSR, however, the majority of C-2 developments do not achieve the maximum allowable 3.0 FSR.

In terms of massing, the proposal, in seeking maximum density, completely fills the envelope permitted by the zoning. An additional factor contributing to the proposed massing is the incorporation of a courtyard, which tends to push the massing of the building to the perimeter, particularly along the lane, closer to the neighbouring residential area.

Rear Yard

The C-2 District Schedule specifies a minimum rear yard setback of 4.57 m/15.0 ft. which the proposal provides. However, Section 4.6(a) of the Guidelines (see Appendix ‘C’) recommends terracing back above the second-storey to create more separation for neighbours across the lane. Generally, this guideline is intended to protect lower density development (one- and two-family dwellings, multiple dwellings) adjacent to C-2 development. In this case, the neighbouring building across the lane is a 13-storey multiple dwelling set back approximately 12.2 m/40.0 ft. from the lane. Although this is a very different relationship than the side or rear yard house adjacency typically encountered in this circumstance, staff note that five to seven units with large windows look directly across the lane to the subject site. Staff, therefore, are seeking some relief to the lane massing consistent with Section 4.6 of the Guidelines.

The applicant strongly disagrees with this interpretation arguing that: this lower scale development need not provide relief to the greater scale of the neighbouring hi-rise; the distance between the two structures, approximately 22.86 m/75.0 ft. is sufficient; and the degree of further setback sought by staff will make little difference to neighbours but will compromise the layout of his proposed lane-facing suites.

Courtyard

A courtyard in the middle of the building is proposed. In general, staff support courtyards because they provide increased flow-through ventilation and additional light for the residents of the building. However, on this somewhat shallow site, the courtyard pushes the massing to the perimeter of the building and does not fully meet the Guidelines. Under Section 2.6, courtyards should have a dimension of 9.2 m/30.0 ft. minimum clear of any obstructions, including exterior corridors and that the courtyard should maximize sun access to the lowest courtyard level, including terracing of the upper levels. The dimension for this courtyard proposal, although meeting the 9.2 m/30.0 ft. minimum, is bisected by two wide exterior walkways which diminish sun into this space. No provision to maximize sun access, such as terracing back the south wall of the courtyard, has been provided. While staff do support the relaxation of the courtyard dimensions as proposed, a more substantive response to sun access is sought.

In summary, staff seek design development to reduce the massing of the building on the lane and to enhance the courtyard sun access. Staff expect that this reduced massing will reduce FSR on the site. Other minor improvements which staff believe the applicant can readily accommodate include increasing the depth of proposed balconies, pursuant to Section 7.3 of the Guidelines, and refinements to the architectural treatment of the street facades.

URBAN DESIGN PANEL

At its meeting on March 8, 2000, the Urban Design Panel supported this development application. The Panel had no concerns related to the height. The majority of the members and the Chair had some reservations about the courtyard. The Panel members unanimously supported the massing at the lane.

A copy of the UDP minutes is attached as Appendix ‘D’.

NOTIFICATION

As part of the review of this development application, 146 neighbouring property owners were notified of the proposal. In addition, a site sign was placed on the site. In response, Planning staff received four letters in opposition.

The objections include concerns with building height, view blockage, lack of light, ventilation and traffic. Staff’s assessment of the additional height is that there will be minimal impact on surrounding sites. Staff are seeking increased rear yard setback to provide some additional massing relief to the adjacent residential neighbours. Engineering Services have reviewed the traffic impacts and are satisfied that the proposed development is appropriate with regard to vehicular provisions.

CONCLUSION

The proposed development has been assessed against the C-2 District Schedule and C-2 Residential Guidelines. Staff support the height relaxation requested, given the slope of the site and the minimal view impact. However, the building mass on the lane side and proposed courtyard do not sufficiently meet the Guidelines.

Staff therefore support this development application, subject to design conditions which address the building mass on the lane side, the interior courtyard, and the street facades articulation issues. However, before making a decision on this application, the Director of Planning is seeking any advice which Council may wish to provide.

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