SUPPORTS ITEM NO. 3 CS&B COMMITTEE AGENDA JUNE 29, 1995 POLICY REPORT DEVELOPMENT AND BUILDING Date: June 14, 1995 Dept. File No. RW TO: Standing Committee on City Services and Budgets FROM: Associate Director of Planning - Land Use and Development SUBJECT: Rezoning: 2725 Arbutus Street (AIA - Twinpak Site) RECOMMENDATION A. THAT the application by the IBI Group to rezone 2725 Arbutus Street (Lots A & E [Ref. Plan 391], Block 384, Plan 2300, D.L. 526) from M-1 (Industrial District) to CD-1 (Comprehensive Development District) be referred to Public Hearing, together with: (i) draft CD-1 By-law parameters, as presented in Appendix A, which would allow commercial and multiple dwelling development, with a maximum floor space ratio (FSR) of 1.9 and a height of four storeys; (ii) the recommendation of the Associate Director of Planning, Land Use and Development, to approve the application, subject to conditions of approval contained in Appendix B. FURTHER THAT the Director of Legal Services be instructed to prepare the necessary by-laws for consideration at the Public Hearing. B. THAT Council adopt Recommendation A on the following conditions: (i) THAT the passage of the above resolution creates no legal rights for the applicant or any other person, or obligation on the part of the City; any expenditure of funds or incurring of costs is at the risk of the person making the expenditure or incurring the cost; (ii) THAT any approval that may be granted following the Public Hearing shall not obligate the City to enact a by-law rezoning the property, and any costs incurred in fulfilling requirements imposed as a condition of rezoning are at the risk of the property owner; and (iii) THAT the City and all its officials, including the Approving Officer, shall not in any way be limited or directed in the exercise of their authority or discretion, regardless of when they are called upon to exercise such authority or discretion. GENERAL MANAGER'S COMMENTS The General Manager of Community Services RECOMMENDS approval of A and B. COUNCIL POLICY On November 19, 1992, City Council adopted the Arbutus Neighbourhood Policy Plan. The following policy applies to larger CD-1 sites: "The maximum density for residential and non-residential uses on the larger (CD-1) sites will be determined during the rezoning process based on consideration of livability of units, shadow and privacy impacts, height limits and general conformity to the objectives and policies of this plan." PURPOSE AND SUMMARY This report assesses a rezoning application for the last of the major CD-1 sites in the Arbutus Industrial Area (AIA) - the Twinpak Inc. site at 2725 Arbutus Street (see Figure 1 on following page). Three issues are outstanding with respect to this application: 1) Density and Open Space Requirements Staff have worked with the applicant to agree upon an optimum density of 1.9 FSR for this site. In doing so, a common, at- grade open space standard has been derived, and is recommended to be applied to all the major CD-1 sites in the Arbutus Industrial area, except for 2135 West 12th Avenue (site immediately south of Twinpak) and those sites fronting Arbutus Street. 2) North-south Street Dedication Staff are recommending that a new north-south street, which is part of a Council-approved layout to provide for the closure of West 11th Avenue for greenway purposes, be dedicated in full to the City. The applicant wishes to extend an alternate approach (dedication combined with public rights-of-way) used on the east-west portion of the same street, to provide for underground parking on the abutting sites. 3) Park Space Park Board staff wish to augment the proposed closure of Yew Street with additional park dedication from the Twinpak site. Planning staff have assessed this request and reached agreement with the applicant to provide a building setback of 4.5 m (14.8 ft.) along the Yew Street portion of the site. This will not accommodate Park Board's desire to provide for greater utilization of the Yew Street right-of-way. Staff are recommending referral of the application to Public Hearing, noting that the above issues are to be addressed at the Hearing. Figure 1 - Site DISCUSSION 1) Density and Open Space Requirements: The Arbutus Neighbourhood Policy Plan stipulates that densities for the individual CD-1 sites are to be set at the rezoning stage. Assessment of guidelines, particularly open space and setback requirements, has enabled staff to determine that an optimum achievable floor space ratio (FSR) for the Twinpak site is 1.90 (calculated on the gross site area), a moderate reduction from the 2.0 FSR originally proposed. The applicant supports the modification to the density, aware that the requirements for open space are strongly supported by the community. Submission of the first development application (DA), for 2135 West 12th Avenue (VLC), indicates that maximum densities will be difficult to achieve under the Council-approved CD-1 guidelines for the major sites. Relaxation of open space requirements will be necessary for that site to proceed with the current proposal. A report will be coming forward to Council on that matter shortly. Staff have looked at the 2135 West 12th Avenue DA as somewhat of a model as to what can be achieved on the Twinpak site, noting that the inclusion of families will be required (not the case with West 12th Avenue). It has now been determined that common roof-top gardens will not be possible above the fourth floor unless construction is in non-combustible materials such as concrete. This latter finding, confirmed by Permits and Licenses, has profound implications for many of the development parcels approved for four storey construction, on both the Molson's sites and Bastion-Intrawest. As a consequence of these considerations, and, in order to ensure adequate child play space and on-site open space for residents, the following standards are recommended for insertion into the guidelines for the major CD-1 sites in the Arbutus Industrial area [included in Appendix B, condition (B)(i)]: a) all developments, except 2135 West 12th Avenue and those fronting directly onto Arbutus Street, will provide a contiguous, at-grade outdoor open space designed in the form of a courtyard, square or sitting garden, or similar semi-public open space, and calculated on the basis of one square metre (1.0 m›/10.76 sq. ft.) per unit, in addition to required setbacks or yards, except that: - where the open space is abutting a setback or yard, that portion of the yard or setback may be included in the total; - such open space may be provided as a roof garden. Each area will be accessible to all residents and designed to be functional as common open space for residents of the building; such areas need not be in a single contiguous location, but a minimum size of 40.0 m› (430 sq. ft.) will be required for each area;and - all such open space should be designed to maximize the amount of direct sunlight received, views, sense of place and privacy. Such spaces will be adequately buffered from surrounding uses. Consideration will be given to sharing space with other developments; however, the overall standard will continue to apply; and b) in addition, each building site with a family unit requirement will provide, separately or in conjunction with another site, an at-grade children's play area not less than 40 m› (430 sq. ft.) [already identified in the guidelines], which is to be designed in accordance with the City's guidelines for housing families at high density. 2) North-South Street Dedication A new east-west street will be created between the Twinpak and Molson's site to the south, to accommodate the intended closure of the 2100 Block West 11th Avenue for greenway purposes. This new street will be made up of a 9.1 m (30 ft.) dedication and two 3.0 m (10 ft.) public rights-of-way for sidewalks on either side. The two public rights-of-way are to accommodate construction of underground parkades on the two adjoining sites. This east-west street turns north as it nears Arbutus Street, to connect to West 11th Avenue. The applicant wishes to see the ownership and right-of-way approach utilized on the east-west street extended to the north-south street out to 11th Avenue. Similar reasons related to parking requirements are put forward for this request. Engineering Services indicates that public rights-of-way were accepted rather than full width road dedication to accommodate a specific need of the subgrade parking garage on the Molson's West 12th Avenue site. This dimensional requirement will be duplicated on the Twinpak site and again may be achieved with the 3.0 m east-west public right-of-way. There are no specific needs for rights-of-way rather than standard, full width street dedication for the north-south road portion. Engineering Services will continue to pursue dedicated streets for future use as public passage and utility corridors. 3) Open Space and Building Setback In the early stages of analysis of this application, Park Board staff were anxious to pursue a land exchange with Twinpak involving the remaining easterly portion of the City Works Yard on West 10th Avenue. The applicant indicates no interest in such an exchange, even though staff were prepared to approach the Park Board for funds to cover any difference in value between the two sites. With the land exchange no longer possible, Park Board staff asked that the possibility of further dedication from the westerly portion of the Twinpak site be investigated, as a means of augmenting the proposed closed portion of Yew Street abutting the site. It must also be noted that Twinpak is giving up about 17% of its site for public purposes, specifically the northerly half of a new street to replace the proposed closure of West 11th Avenue. In addition, the dedication of an equivalent to a single lot 15.24 m (50 ft.) in width is to be utilized for a new north-south road parallel to and west of Arbutus Street. Planning Department staff examined a number of possible approaches to rationalize further dedication from the Twinpak site, involving comparisons with both Molson's and Bastion-Intrawest rezonings; however, the conclusion of this analysis was that any substantive requirement for setback or dedication would result in either a direct loss of floor space to the applicant, or require that the applicant move to taller building forms, likely in the range of six to eight storeys. In view of the community's strongly held position in support of four storeys, and the applicant's wish to respect that position, staff have not advocated greater height as a means of achieving more park area. In discussing the potential options with the applicant, it has been agreed to establish, through the accompanying guidelines, a 4.5 m (14.7 ft.) setback along the westerly portion of the site, in keeping with a similar setback established for the site at 2135 West 12th Avenue. That setback allows for porches and stairways within the setback, and for consistency the same approach is recommended for the Twinpak site. Planning staff have chosen not to seek this area as a dedication or public right-of-way as it is too small an area to transfer to City administration. Rather, staff will seek an appropriate and compatible landscape treatment of the area at the development application stage. CONCLUSION Staff recommend referral of this application to Public Hearing. The scheme is consistent both with the Arbutus Neighbourhood Policy Plan and wishes of surrounding area residents. Staff are also recommending: (1) a density of 1.9 FSR (gross site area); (2) the addition of an on-site open space standard of 1.0 m› (10.76 sq. ft.) per dwelling unit (contained in Appendix B); (3) full dedication of the proposed north-south road; and (4) a further 4.5 m (14.7 ft.) setback from the westerly end of the site to provide for better open space design, in conjunction with the proposed closure of Yew Street. * * * * * * A P P E N D I C E S A Draft CD-1 Parameters B Draft Conditions of Approval C Comments Regarding Background and Non-Major Elements D Comments from Public, Reviewing Agencies and the Applicant E Schematic Development Plan F Applicant, Property and Development Proposal Information