P3
POLICY REPORT
DEVELOPMENT AND BUILDING
Date: May 15, 1996
Dept. File: 95038-PEM
TO: Vancouver City Council
FROM: Director of Land Use and Development
SUBJECT: Proposed Rezoning of 303 Railway Street
RECOMMENDATION
THAT the application by Robert Leshgold (Architect) to rezone 303
Railway Street (Lot 26, Block 2, D.L. 735, Plan 3421) from M-2 to
CD-1 to permit artist 'live/work' studios be referred to a Public
Hearing, together with:
(i) plans received November 10, 1995;
(ii) draft CD-1 By-law provisions, generally as contained in
Appendix A;
(iii) draft conditions of approval listed in Appendix B; and
(iv) the recommendation of the Director of Land Use and
Development that this application be refused.
FURTHER THAT the Director of Legal Services be instructed to
prepare the necessary CD-1 By-law for consideration at Public
Hearing, including:
(i) an amendment to the Sign By-law to establish regulations
for this CD-1 site in accordance with Schedule B (M-2); and
(ii) an amendment to the Noise By-law to include this CD-1 site
in the activity zone established in Schedule A.
GENERAL MANAGER'S COMMENTS
The General Manager of Community Services RECOMMENDS approval of
the foregoing.
COUNCIL POLICY
Council policy is reflected first of all in the existing zoning of the
site and surrounding area, M-2 (Heavy Industry), which permits Artist
Studios and associated residential units as conditional approval uses,
limited to a floor space ratio of 1.0.
Land Use Directions - North of Hastings Street and Railway Street
Industrial Areas: On September 15, 1994 Council confirmed the
industrial status of these areas and removed their 1990 "Let Go"
designation.
Industrial Lands Strategy: On March 14, 1995 Council adopted a policy
framework to guide future decisions on industrial land. The objective
of the Strategy is to "retain most of the City's existing industrial
land base for industry and service businesses to meet the needs of
port/river related industry, and city-serving and city-oriented
industries".
In one of the Strategy's area-specific policies, the Railway Street
industrial area north of Alexander Street was confirmed as an area to be
retained for industrial use.
Artist 'Live/Work' Studios: The Zoning and Development By-law was
amended in 1987 to encourage the provision of affordable and appropriate
artist 'live/work' studios.
On March 28, 1995 new policies were adopted to encourage the provision
of legal, safe, functional and affordable artist 'live/work' studios in
industrial districts. The new policies generally restrict artist
studios to rentals in existing buildings and for 'high-impact' art
production that requires an industrial location (i.e. use of toxic or
hazardous materials or processes, or involving amplified sound). The
floor space ratio for artist 'live/work' studios remains limited to 1.0
in most industrial districts.
On April 18 1996, Council approved that draft Zoning and Development
By-law and Parking By-law amendments to implement Council's new policies
for artist 'live/work' studios, be referred to Public Hearing.
PURPOSE AND SUMMARY
This report assesses an application to rezone the site at 303 Railway
Street from M-2 to CD-1.
The application does not meet the prerequisites and criteria set out in
the Industrial Lands Strategy rezoning policy for releasing land from
industrial use. On this basis the Director of Land Use and Development
is not prepared to recommend approval of the application.
However, as Council requested that the application be processed in the
usual manner, and because many interested parties would wish to speak on
the application, both for and against, the Director of Land Use and
Development recommends that the application be referred to a Public
Hearing and provides draft CD-1 By-law provisions and draft conditions
of approval for this purpose.
BACKGROUND
Proposed Development: Interior and minor exterior alterations are
proposed to an existing five-storey cold storage plant to provide 40
long-term rental artist studios with associated residential units and
some separate common workshop areas. The first floor, which is partly
below grade, would be altered to provide parking (22 spaces), loading,
storage and workshop areas. (NOTE: Plans are provided in Appendix E and
additional information in Appendix F.)
Proposed alterations on the first floor would reduce the floor space
ratio (FSR) of the existing building from 4.44 to 4.0. This FSR is four
times the maximum which is permitted for artist 'live/work' studios in
the M-2 district.
History of the Application: (See CHRONOLOGY on page 2 of Appendix C.)
In February, 1995 a development application was made to alter and add to
the existing building to provide 56 rental artist 'live/work' studios
and 21 parking spaces. Staff recommended that it be processed like a
previous application at 1701 Powell Street, i.e., that it be approved
subject to the applicant obtaining a relaxation from the Board of
Variance for an increase in FSR from 1.0 to 5.0. In June Council
approved the staff recommendation, but the Board of Variance did not
subsequently grant the necessary relaxation, and the development
application was refused.
The rezoning application was submitted on November 10, 1995. Staff
recommended it be refused because the site did not satisfy any of the
circumstances set out in the Industrial Lands Strategy in which Council
would consider rezoning industrial land. On December 14, 1995 Council
approved that the application be processed in the usual manner. (NOTE:
Appendix C provides more complete background information, including a
description of the surrounding area and a history of the previous
development application.)
DISCUSSION
The change of use proposed in this rezoning application would be
acceptable under the existing zoning and would generally conform to new
artist 'live/work' studio policies, except for the proposed four-fold
increase in the maximum permitted FSR. In this one important respect,
the application is not entirely consistent with the Industrial Lands
Strategy and does not conform to all new artist 'live/work' studio
regulations and guidelines.
1. Industrial Rezoning Prerequisites
The application does not satisfy any of the circumstances listed in the
Industrial Lands Strategy which may warrant the redevelopment of
industrial land to other uses:
(a) the application is not based upon CityPlan or other City-initiated
planning process;
(b) the site is not located in a "let go" area;
(c) the site is not located in an area designated as highway-oriented
Retail/Industrial where it should be consistent with the retail
uses that would be permitted there; and
(d) the site is not located within the False Creek Flats where a
rezoning decision would be made within the context of the
City-initiated planning study.
On this basis, the Director of Land Use and Development recommended in a
Policy Report dated November 29, 1995 (on file), that the application be
refused. The Industrial Lands Strategy has not been amended since then,
and therefore the rezoning application, which has not been revised
either, remains inconsistent with the Strategy's objective to retain the
city's existing industrial land base for industry.
2. Industrial Rezoning Criteria
The Industrial Lands Strategy requires that three conditions be
considered before land is released from industrial use:
(a) Compatibility with Industrial Activity: (The proposed
non-industrial use should not affect the operations of adjacent
existing and potential future industrial activity and should not
increase the value of surrounding land.)
(b) Land Use Suitability: (The proposed non-industrial use should
comply with relevant planning policies such as Central Area Plan,
Artist "Live/Work" Studio Policy, etc.)
(c) Environmental Impacts: (The proposed development should comply with
relevant legislation concerning environmental impacts and
mitigation measures.)
The application was assessed in terms of these criteria, as summarized
in the table below. (A more detailed assessment is provided in Appendix
C.)
Rezoning Detailed Conditions
Criteria or Criteria Criteria Met (š)
COMPATIBILITY no impact on adjacent adjacent industry may
WITH existing and potential impact Studio
INDUSTRIAL future industry livability, but covenant
ACTIVITY on title would require
prospective tenants be
warned about primacy of
industrial activity
no increase in
surrounding industrial š
land values
other parking relaxation is
requested in an area
with high on-street
parking demand
LAND USE maximum FSR of 1.0, proposed FSR 4.0,
SUITABILITY 10% bonus FSR for without a Housing
affordable studios in Agreement
(compliance with DD and IC-3 (secured by
relevant Housing Agreement)
policies, i.e.,
existing building š Artist
'Live/Work' limited to rental tenure š
Studio Policies)
limited to high-impact
art production, separate š
workshops provided
minimum size of 47 m2, š
and adequate storage area
time-limited no time limitation
development permit
ENVIRONMENTAL compliance with Air š
IMPACT Quality Management By-law
MITIGATION (GVRD), Health By-law,
and Noise By-law
The application seems consistent with most of the detailed
criteria and conditions. In overall terms, however, the
requested increase in FSR conflicts with two of the three
industrial rezoning criteria:
- the compatibility of the proposed artist 'live/work' studio
use with surrounding industry could be significantly
decreased by the proposed FSR of 4.0, which is four times
the amount of artist 'live/work' studio space and number of
artists as could be permitted under the existing zoning; and
- the ability of the site to accommodate artist 'live/work'
studio use could be compromised by the proposed FSR of 4.0,
which is four times the amount of artist 'live/work' studio
space and number of artists as could be considered on this
site under new artist studio regulations and guidelines.
It cannot be concluded from the foregoing review that the site
and its existing five-storey building are suitable for artist
'live/work' studio use as set out under new regulations and
guidelines. However, the proposed rezoning appears to meet four
of the six requirements: it proposes rental, Class B (High
Impact), functional studios in an existing building.
CONCLUSION
The application does not meet the prerequisites and criteria set
out in the Industrial Lands Strategy rezoning policy for
releasing land from industrial use. The proposed change of use,
in and of itself, may be permitted under the existing zoning and
is consistent with most proposed new Artist 'Live/Work' Studio
regulations and guidelines. However, the four-fold increase in
the maximum permitted FSR which is requested is not consistent
with industrial and artist 'live/work' studio policies. On this
basis the Director of Land Use and Development is not prepared to
recommend approval of the rezoning application.
Council did approve that this application be processed in the
usual manner. The previous Policy Report on this application had
noted that the history of the proposal may represent an
extenuating circumstance which might justifiably exempt the
rezoning application from the rezoning policy set out in the
Industrial Lands Strategy. Minutes of subsequent Council
Committee discussion report that "the majority (of Councillors)
felt the project predates adoption of the referenced policies and
it would be unfair not to permit it to be processed. It will
still have to go to Public Hearing, and whether or not to approve
it, based upon existing policies and input received at the Public
Hearing, is a decision still to be made".
As Council has requested that the application be processed in the
usual manner, and because many interested parties would wish to
speak on the application, the Director of Land Use and
Development recommends that the application be referred direct to
a Public Hearing. Draft CD-1 By-law provisions (Appendix A) and
draft conditions of approval (Appendix B) have been prepared for
this purpose, but not a recommendation to approve the
application.
* * *
APPENDIX A
Page 1 of 2
DRAFT CD-1 BY-LAW PROVISIONS
303 Railway Street USES
Artist Studio - Class B;
Residential Unit associated with and forming an integral part
of an Artist Studio - Class B; and
Accessary Uses customarily ancillary to the foregoing.
FLOOR SPACE RATIO
The maximum floor space ratio will be 4.0, based on the
calculation provisions of the M-2 District Schedule, and
excluding storage space provided below grade and not exceeding
20 m2 for each artist studio, and amenity areas such as
meeting room, laundry area, and recreation facility accessory
to residential use.
(Note: Separate common workshop areas, including music room,
kiln room, wood shop, metal shop, dark room, or painting
studio, are considered to be ancillary to the principal use
and will be included in the FSR calculation unless provided
below grade.)
BUILDING HEIGHT
The height of a building will not exceed 20.2 m (66 ft.) from
the base surface.
OFF-STREET PARKING, LOADING AND BICYCLE SPACES
(a) As per Parking By-law (a minimum of one parking space per
studio), except that the number of parking spaces may be
relaxed for the renovation of an existing building, but in
no case is the number of parking spaces to be less that 0.5
per studio. An additional two visitor parking spaces will
be required over and above this basic requirement. (Note:
the total number of spaces required would not be less than
0.55 spaces per studio.)
OR
(b) As per Parking By-law, except that:
(i) a minimum of one space for every studio of 75 m2 or
less of gross floor area, 1.3 spaces for every studio
over 75 m2 of gross floor area and one additional space
per 12 studios on sites with 12 or more studios; and
APPENDIX A
Page 2 of 2
(ii) the number of parking spaces may be relaxed for the
renovation of an existing building, and for the
provision of rental studios, but in no case is the
number of parking spaces to be less than 0.55 per
studio. (Note: For the purposes of determining the
number of spaces to be relaxed, the lawfully existing
non-conformity with respect to parking requirements for
the existing Storage Warehouse is deemed to be 27
spaces.) Consideration of an additional relaxation for
long-term rental studios will require evidence about
rates of vehicle ownership for studio renters compared
to strata owners.
ACOUSTICS
The City's acoustical criteria shall apply, and an Acoustical
Consultant's report shall be required which assesses noise
impacts on the site and recommends noise mitigating measures.
(Note: An amendment to the Noise By-law will include this CD-1
site in the activity zone established in Schedule A.)
* * * * *
APPENDIX B
Page 1 of 2
PROPOSED CONDITIONS OF REZONING APPROVAL
303 Railway Street
(a) THAT the proposed form of development be approved by Council
in principle, generally as prepared by Robert Leshgold,
Architect, and stamped "Received City Planning Department,
November 10, 1995", 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) further design development to improve the functionality
of the artist 'live/work' studios, including provision
of the following:
1) additional common workshop areas separate from
residential units, such as music room, woodworking
shop, metal shop, and spray-painting studio, and
including sound-proofing and ventilation of these
workshops as may be appropriate;
2) extra-wide doors, over-size elevator, and corridor
dimensions and configurations which enable the easy
movement of large or heavy works of art or art
materials between the loading bay, storage space, and
studios;
3) adequate ventilation, plumbing and electrical service
in very studio to facilitate high-impact art
production;
4) additional storage space to ensure adequate space for
the storage of art materials and works of art;
5) elevator access to the sub-basement storage space, or
provision of some storage space on the basement
floor; and
6) sundeck and/or gardening amenity areas on roof-top
for residents.
(ii) further design development to incorporate principles of
crime prevention through environmental design (CPTED),
including but not limited to:
1) providing a comprehensive security plan;
APPENDIX B
Page 2 of 2
2) reducing opportunities for graffiti on exposed blank
walls;
3) ensuring that all areas are well-lit to reduce
mischief opportunities and fear; and
4) white-painting parking area walls, ceilings and
utility pipes to reduce fear.
(c) THAT, prior to enactment of the CD-1 By-law, the registered
owner shall, at no cost to the City:
(i) execute and register against property title a legal
agreement, to the satisfaction of the Director of
Legal Services, providing that present and future
property owners will forewarn all prospective studio
occupants that the building is located in a heavy
industrial district (M-2) where industrial
activities, including rail and port operations, have
primacy of use, and therefore should not be subject
to complaints, directly or indirectly, for
environmental impacts which conform to the relevant
regulations;
(ii) execute and register against property title a legal
agreement, to the satisfaction of the Director of
Legal Services, providing that the 40 artist 'live/
work' studios on the site will not be strata-titled,
thereby ensuring that the studios will remain rental
over the long term;
(iii) make arrangements to the satisfaction of the General
Manager of Engineering Services and Director of Legal
Services, for the provision of curb, gutter and
sidewalk on the east side of Gore Avenue, from
Railway Street to the lane north, and asphalt
pavement for half the width of Gore Avenue abutting
the site from Railway Street to the lane north;
(iv) make arrangements for the provision of street trees
adjacent the site; and
(v) make arrangements for the undergrounding of all
utilities from the closest existing suitable service
point.
* * * * *
SITE, SURROUNDING AREA, PROPOSED DEVELOPMENT
AND NON-MAJOR ELEMENTS
Site and Surrounding Area: The site is developed with a
five-storey Cold Storage Plant which provides no parking spaces
and substandard loading spaces (part of the first floor is a
basement). Previously occupied by Versacold Storage Ltd., the
building is now vacant. The site and surrounding area are zoned
M-2 (Heavy Industry).
The Downtown-Eastside/Oppenheimer District (DEOD) Sub-Area 4,
south of Alexander Street, permits light industrial uses,
residential uses, some commercial uses, and artist 'live/work'
studios. The Central Waterfront District (CWD) Sub-Area 4,
encompassing CP and Port lands west of Gore Avenue, permits
continuing port and rail uses, new marine and commercial uses,
and some commercial uses on CP lands after relocation of the
railyard. The Central Waterfront Port Lands Policy Statement
approved by City Council in February 1994, and also the Vancouver
Port Corporation, allows commercial and residential uses on Port
lands east of Canada Place to Main Street (Policies 2.1 and 5.1).
Chronology: The table on the following page provides a summary
of pertinent events preceding this rezoning application. A more
detailed description of some of these events follows.
Railway Street Industrial Area: The small M-2 industrial areas
north of Alexander Street and north of Hastings, but south of the
CP rail line and Port lands, were designated as "Let Go" areas in
1991, but a Planning study subsequently determined that they were
unsuitable for converting to residential use. In a report dated
June 30, 1994 (on file), staff reported on land use directions
for these areas.
The 12.76-acre area north of Alexander Street was found to be
primarily in industrial use (76.8 percent). While the small lots
and narrow streets in the area hamper the manoeuvring of large
trucks, the area remains viable for industry and acts as a buffer
between 24-hour rail and port operations and the residential
development south of Alexander Street. The area was found to be
unsuitable for residential use due to several activities with
noxious impacts:
- noise from industrial, port, and rail operations,
- odours from food processing operations and fumes from trucks
and rail equipment,
- the storage and use of hazardous substances including paints
and flammable gases,
- the rail transportation of hazardous materials (estimated to
range between 20-25 movements daily), and
- visual impacts of open storage and port and rail activities.
INDUSTRIAL ARTIST LIVE/WORK 303
DATE LANDS STUDIO POLICIES RAILWAY STREET
Feb. 22, 1994 Council adopts
Central
Water-front Port
Lands Policy
Sept. 15, 1994 Council approves
Railway St. area
be retained for
industry
Dec. 15, 1994 Council approves
that staff report
all A.L/W.S.
applications for
Council advice
Feb. 21, 1995 development
application
submitted
Mar. 14, 1995 Council adopts
Industrial Lands
Strategy
Mar. 28, 1995 Council adopts
new policies
June 1, 1995 Council approves
processing of
development
application
June 28, 1995 Board of
Variance appeal
for FSR
relaxa-tion
disallowed
Aug. 23, 1995 2nd Board of
Variance appeal
for FSR
relaxa-tion
disallowed
Nov. 10, 1995 rezoning
application
submitted
Dec. 14, 1995 Council approves
processing of
rezoning
application
April 18, 1996 Councils refers
proposed By-law
amendments to
Public Hearing
High land costs, lack of residential amenities, and difficult
social conditions were also observed. The economics of
residential development were investigated by the Housing and
Properties Department and found to be unfavourable. Due in part
to such conditions, little interest was expressed in developing
residential uses in the area.
On September 15, 1994, Council Committee on Planning and
Environment considered this report and approved that the "let go"
designation be removed from the Hastings and Railway Street areas
and that any future land use review be guided by the Industrial
Land Strategy once it is approved. Although this retained the
area for industrial use, artist 'live/work' studios continued to
be a permitted use in the M-2 district.
History of the Previous Development Application: An application
(DE217589) was submitted on February 21, 1995 to make
interior/exterior alterations to and change the use of an
existing Cold Storage Plant to provide 56 rental Artist
'Live/Work' Studios. The application proposed a floor space
ratio (FSR) of 5.26 whereas M-2 regulations limit FSR to 1.00 for
non-industrial uses.
Staff sought Council's advice on the application in a report
dated May 19, 1995 (on file). Support was expressed for the
proposed provision of affordable rental artist 'live/work'
studios in an obsolete industrial building. It recommended that
the application be approved with an FSR of 5.0 provided that the
applicant can and does obtain a relaxation from the Board of Variance for FSR exceeding 1.0, i.e. that it be processed in the
same manner as a previous application at 1701 Powell Street
approved in February, 1994. Although the application did not
fully conform to new artist 'live/work' studios policies, the
report noted that it was submitted prior to adoption of the
revised policies and that future development applications
proposing an FSR exceeding 1.0 for artist 'live/work' studios
would not be supported due to the new Council policies.
On June 1, 1995 Council's Standing Committee on Planning and
Environment approved the staff recommendation that DE217589 be
processed similarly to a previous application at 1701 Powell
Street. Council also confirmed that it did not favour future
artist 'live/work' studio developments exceeding an FSR of 1.0.
The applicant's subsequent appeal to the Board of Variance for
the required FSR relaxation was heard on June 28, 1995 and not
allowed. On August 23, a second appeal, for a revised
application proposing fewer studios, additional parking, and
reduced floor area, was also disallowed. Failing to satisfy the
development approval conditions, the development application was
therefore refused, on September 15, 1995.
History of the Rezoning Application: The rezoning application
was submitted on November 30, 1995 to rezone the site from M-2 to
CD-1 to provide 40 rental Artist 'Live/Work' Studios. The
application was similar to the development application which was
revised on July 20, 1995 in response to staff concern about units
facing the eastern interior property line.
Pursuant to the rezoning policy in the Industrial Lands Strategy,
staff sought Council's advice in a report dated November 29, 1995
(on file). The report described the history of the previous
development application which had been supported by the Director
of Land Use and Development and City Council, but it also
concluded that the site did not satisfy any of the circumstances
required by the Industrial Lands Strategy before Council would be
prepared to consider rezoning it. Because rezoning would be
contrary to industrial policies and had no basis for further
assessment, staff recommended that it be refused. On December
14, 1995, Council Committee approved that the rezoning
application be processed in the usual manner.
Industrial Lands Strategy (Conditions to be Considered before
Land is Rezoned for Non-Industrial Uses):
In circumstances where the rezoning of industrial land is
contemplated, the Industrial Lands Strategy requires that three
conditions first be considered:
(a) Compatibility with Industrial Activity: (The proposed
non-industrial use and development should not affect the
operations of adjacent existing and potential future industrial
activity in the area and should not increase the value of
surrounding industrial land.)
Artist 'live/work' studios are not likely to directly affect the
operations of adjacent industry. On the contrary, the potential
impacts and hazards of some art production processes and
materials, e.g., noise and flammable liquids, are most compatible
with industry and, for this reason, artist studios are a
conditional approval use in commercial and industrial districts.
Nevertheless, there is risk of incompatibility between proposed
artist studio use and surrounding industry. This risk would be
significantly increased by the proposed FSR of 4.0, which is four
times as much artist 'live/work' space and four times as many
occupants as could be permitted under the existing zoning.
Staff have identified and reviewed three potential impacts of
this proposed rezoning:
(1) Artist 'live/work' studios could be affected by the noise,
odours, and other impacts of abutting rail and port
activities. These impacts on livability could cause studio
occupants to complain about and seek restrictions on
industry.
The application proposes sound attenuation techniques, as
recommended by an acoustic consultant, to mitigate potential
noise from adjoining port and rail operations. The
applicant also states that an environmental consultant's
study of potential odours in the area concluded that
occupants are unlikely to be impacted, except in very rare,
worst-case conditions. Finally, the applicant advises that
rental tenure will facilitate the forewarning of prospective
occupants, and the relocation of affected tenants.
(2) Approval of an increased FSR for artist 'live/work' studios
could be perceived as a precedent and thereby stimulate
speculative increases in land values surrounding the site.
The Manager of Real Estate Services has confirmed that the
price paid for the site is similar to prevailing values in
the area, and that a 'pro forma' financial analysis has
indicated that renting the studios over the long term,
rather than selling them as strata units, reduces revenues
and profit so much as to make the project marginally
feasible under current market conditions. The Manager also
confirmed that this housing benefit exceeds the market value
of increased FSR. The Manager concluded that there should
thus be no upward pressures on industrial land values in
this area directly caused by this project.
(3) Inadequate parking provision would mean increased on-street
parking demand, and this would have impact in an area of
older industrial buildings which do not provide adequate
parking.
The previous development application, which proposed 56
studios, sought a relaxation to provide only 21 parking
spaces (0.375 spaces per studio). The rezoning application
proposes 22 parking spaces for 40 studios (0.55 spaces per
studio). This is a considerable improvement over the
previous proposal but a relaxation continues to be
requested. (See additional discussion in Appendix D.)
Based on the foregoing, staff cannot conclude that the proposed
rezoning would have no impact on adjacent industry. Impact on
industrial land values may be unlikely, given the economics of
long-term rental investment and the considerable uncertainty of
obtaining a rezoning of another similar site in future. However,
on-street parking demand is a potential negative impact (see
additional discussion below), as are potential artist complaints
about surrounding industrial activity.
Should Council wish to consider approval of this application,
staff recommend that the City's acoustical criteria would have to
be met as a condition of development approval (see CD-1 By-law
provisions listed in Appendix A). Staff likewise recommend that
all prospective studio occupants be forewarned that the building
is located in an M-2 industrial district where heavy industry,
including rail and port operations, has primacy of use and
therefore should not be subject to complaints, directly or
indirectly, for environmental impacts which conform to the
relevant regulations [see condition of rezoning approval in
Appendix B (c)(ii)].
(b) Land Use Suitability: (The proposed non-industrial use and
development should comply with relevant planning policies such as
Central Area Plan, Artist 'Live/Work' Studio Policy, etc.)
The site and its existing five-storey building can be converted
to artist 'live/work' studio use, as there are no soil mitigation
measures required, and building code upgrading can be achieved.
However, the suitability of the site for artist 'live/work'
studio use could be compromised by the proposed FSR of 4.0, which
is four times the amount of space and the number of occupants
which could be considered on the site under either existing or
new regulations and guidelines. Relative to these policies to
encourage the provision of legal, safe, functional and affordable
artist 'live/work' studios, staff have identified and reviewed
six elements of the proposal to assess the site's ability to
accommodate artist 'live/work' studio use:
(1) New policies continue to limit artist 'live/work' studios to
a maximum of FSR of 1.0, but they also provide for density
bonuses in the DD and IC-3 Districts to encourage the
provision of artist 'live/work' studios that are affordable
for low-income artists. (NOTE: The bonuses would not exceed
a 10 percent increase in maximum floor space ratio, and they
would be secured through a Housing Agreement authorized
under Section 565.2 of the Vancouver Charter.)
The application does not propose low-cost artist studios,
i.e., studios rented at less than market rates. However, it
intends the proposed studios to be relatively affordable --
rented at a monthly rate of just over one dollar ($1.10) per
square foot (gross). (Note: Housing Centre staff advise
that a monthly rent of $0.75 to $1.00 per square foot, in
studios ranging in size from 500 to 1,000 sq. ft., is
affordable for most artists.)
(2) New policies limit artist studios to existing buildings.
The application proposes to upgrade and renovate an obsolete
industrial building to provide 40 artist "live/work'
studios.
(3) New policies limit artist 'live/work' studios to rental
tenure, with no strata-titling allowed.
The application proposes that the tenure of the studios
would be rental for the life of the building. This would
increase the stock of rental studios in the city from 149 to
189, or 27 percent. (Note: Rental studios comprise only 21
percent of the 713 studios constructed or under construction
as of March, 1995.) A legal agreement to prevent
strata-titling, registered against title, would ensure that
the studios remain rental over the long term. This is
recommended as a condition of rezoning approval should
Council wish to consider approval of the application [see
Appendix B (c)(i)].
(4) New policies limit artist 'live/work' studios to
"high-impact" art production, i.e., involving electronically
amplified sound, toxic or hazardous materials, or processes
such as welding, woodworking, spray painting, silk screening
and fired ceramics (referred to as Artist Studio - Class B).
As with the previous development application, the studios
would be constructed to meet the requirements of the F2
(medium hazard industrial occupancy) classification in the
Building By-law.
Common workshop areas, separate from living areas, are also
proposed so that activities using toxic/hazardous materials
or having other objectionable impacts can be pursued in
separate space designed to mitigate the impact of hazardous
production processes (i.e. ventilated and sound-proofed).
About 338.2 m2 (3,640 sq. ft.), 7.7 percent of the net floor
area, is proposed for this purpose and will include a kiln
room, music rehearsal studio, and dark room.
Should Council wish to consider approval of this
application, staff recommend further design development to
improve the functionality of the artist studios, including
the provision of additional common workshop areas and that
such areas be sound-proofed and ventilated [see Appendix B
(b)(i)].
(5) New policies specify a minimum and maximum floor area for
artist 'live/work' studios, 47 m2 (506 sq. ft.) and 500 m2
(5,382 sq. ft.) respectively.
The floor areas of the proposed artist studios would be at
the low end of this spectrum, ranging from 48.3 m2
(520 sq. ft.) to 105.9 m2 (1,140 sq. ft.), with an average
size of 78.5 m2 (845 sq. ft.). Separate storage space would
provide about 4.8 m2 (52 sq. ft.) per studio, about 30
percent more than the 3.7 m2 (40 sq. ft.) per dwelling which
is encouraged in multiple dwelling districts.
Should Council wish to consider approval of the application,
staff recommend some additional features to improve studio
functionality, to be provided at the development application
stage, including: extra-wide doors, over-size elevator, and
corridor dimensions to enable the movement of large or heavy
art and art materials between the loading bay, storage
space, and studios; adequate ventilation, plumbing and
electrical services in every studio to facilitate high-
impact art production; and additional storage space to
ensure adequate space for the storage of art materials and
completed works of art. [See Appendix B (b)(i)].
(6) New policies provide that development permits may be limited
in time for the use and occupancy of artist studios where
the scale of proposed development (12 studios or more) or
increased parking may impact on the viability of surrounding
industrial activities. Time-limited permits will assist in
By-law enforcement and ensure that the use of industrial
land is limited to artist studios which require an
industrial location. Surrounding landowners and businesses
would be consulted, as well as the advice of a panel of
artists, before approving or renewing permits. It is also
intended that all artist studios will be inspected on an
annual basis.
A time-limited development permit is not contemplated in the
present rezoning application. The economics of the proposed
building upgrade and conversion, and long-term investment in
a rental-only building, require a much, much longer
amortization period than the one, two or five years which
might otherwise limit approval of use and occupancy.
It cannot be concluded from the foregoing review that the site
and its existing five-storey building are suitable for artist
'live/work' studio use as set out under new regulations and
guidelines. However, the proposed rezoning appears to meet four
of the six requirements: it proposes rental, Class B (High
Impact), functional studios in an existing building.
(c) Environmental Impacts: (The proposed development should
comply with relevant legislation concerning environmental impacts
and mitigation measures.)
The proposed development is expected to comply with relevant
legislation concerning environmental impacts and mitigation
measures, such as the Noise By-law, Health By-law, and GVRD Air
Quality Management By-law.
COMMENTS FROM REVIEWING AGENCIES, THE PUBLIC AND THE APPLICANT
Comments of the General Manager of Engineering Services: The
General Manager of Engineering Services has no objections to the
proposed rezoning provided that the applicant complies with the
draft rezoning approval conditions (iii) to (v) listed in section
(b) of Appendix B and the parking requirement listed in draft
By-law provisions (Appendix A).
Engineering staff have advised that the proposed number of
parking spaces (22) is satisfactory. They recommend that the
present Parking By-law requirement continue to apply (a minimum
of one parking space per studio), but they also confirm that a
relaxation be considered since the application proposes to
upgrade and renovate an existing, parking-deficient building, so
long as a minimum of 0.5 parking spaces per studio be provided.
In addition, in response to concerns about increased on-street
parking demand in an area which has several older,
parking-deficient buildings, they recommend that two parking
spaces for visitors also be provided. Should Council wish to
consider approval of the application, the recommended
requirements are included in the draft By-law provisions listed
in Appendix A.
Planning staff note that for the previous development
application, which proposed 56 studios, staff were prepared to
approve a relaxation to provide only 21 parking spaces
(0.375 spaces per studio). The rezoning application proposes 22
parking spaces for 40 studios (0.55 spaces per studio), which is
a considerable improvement over the previous proposal.
The new artist 'live/work' studio policies include increased
parking requirements. The draft Parking By-law amendments
recently referred to Public Hearing specify "a minimum of one
space for every studio of 75 m2 or less of gross floor area, 1.3
spaces for every studio over 75 m2 of gross floor area and one
additional space per 12 studios on sites with 12 or more
studios". These standards would increase from 40 to 52 the
number of parking spaces required on the site prior to
consideration of any parking relaxations.
In the context of the Industrial Lands Strategy which seeks to
retain land for industry, the impact of non-industrial uses in industrial districts should be minimized, including impacts on
access, circulation and on-street parking of local truck traffic.
Accordingly, while the application proposes more parking spaces
per studio than were previously approved in principle, under
regulations and guidelines then in effect, it might be argued
that it is now more appropriate to apply the new parking
requirements, given the many other old warehouse buildings in
this area which do not supply adequate parking.
However, the new Artist Studio Guidelines also provide that
"reduced parking and loading requirements may be considered in
the case of a renovation of an existing building which cannot
accommodate all the required parking or loading spaces and for
low-cost rental studios secured through a legal or housing
agreement". The question which then arises is how much
relaxation, if any, should be provided.
First, a relaxation is supported, as per standard practice,
regarding the lawfully existing parking non-conformity for the
existing Storage Warehouse, which is deemed to be 27 spaces.
Second, given that artists who rent studios do not express the
same need for parking as strata-owners, a relaxation for
long-term rental studios might perhaps be considered, not just
just low-cost rentals.
Should Council wish to consider approval of the application, it
may also wish to consider that new parking requirements should
apply, and also that a relaxation for market rental studios be
considered. With such a possibility in mind, staff suggest that
any relaxation of this nature be based on evidence satisfactory
to Engineering staff that rental studios generate a significantly
lower parking demand than strata studios (i.e., lower rates of
vehicle ownership for studio renters compared to studio strata
owners). This alternative requirement is provided in the draft
CD-1 By-law for Council consideration (see Appendix A).
Principles of Crime Prevention Through Environmental Design:
Police Department staff comment as follows:
This development is located in a high crime impact
environment. Safer environmental design should be focused
at all types of property theft, mischief and nuisance
associated with prostitution and drugs, and fear of
residents. The infusion of a diversity of housing is
considered positive in this location.
Issues which they recommend to be addressed at the development
permit stage are listed in rezoning approval condition (ii) in
section (b) of Appendix B.
Urban Design Panel: The application was not referred to the
Panel for review because its proposed exterior alterations to an
existing building are minor and have few implications for the
form of development, which is otherwise not a significant issue
in industrial districts.
Environmental Implications: The proposed change of use of this
existing building, for artist 'live/work' studios, would have few
environmental impacts. Atmospheric pollution by journey-to-work
commuting would be minimized by combining 'live/work' use on the
same site.
The renovation and re-use of an existing obsolete industrial
building would extend the economic life of a structure which
would otherwise likely be demolished and removed as garbage.
Social Implications: The provision of rental artist 'live/work'
studios would help to achieve City objectives to increase the
supply of affordable artist 'live/work' studios. Increased
activity on this site would help to reduce safety and security
problems in the surrounding area. There are no implications with
respect to the Vancouver Children's Policy or Statement of
Children's Entitlements.
PUBLIC INPUT
Planning staff mailed a notification letter to 88 property owners
in the surrounding area on January 18, 1996. The applicant
installed an information sign on the site on January 30, 1996.
Several phone calls and letters have been received.
Many businesses and community groups have expressed support for
the previous development application and/or the present rezoning
application. These include Artists for Creative Environments
(ACE), the Downtown Eastside Residents Association (DERA), and
the Tenants Rights Coalition. Immediate neighbours have also
expressed support, including Astra Cold Storage (329 Railway),
Ideal Iron Works (369 Alexander), Main Service Automotive Centre
(298 Alexander), and Burrard Iron Works (220 Alexander).
Some of the reasons for supporting artist 'live/work' studios at
this location include:
- reduction in crime and vagrancy;
- investment and improvement in the area;
- increased business from building occupants; and
- many buildings in area are vacant, are no longer viable for
industrial use, and need improvement.
Many businesses and organizations have also opposed the proposed
artist 'live/work' studio use on this site. Letters have been
received from Canadian Fishing Company, Canadian Stevedoring
Company, B.C. Maritime Employers Assoc. and the Vancouver Port
Corporation. Opposition has also been expressed by CP Rail,
Tymac Launch Service, and Casco Terminals Ltd.
The concerns expressed by the surrounding property owners and
businesses which are opposed to the rezoning include the
following:
- proposal is contrary to Industrial Lands Strategy and policy
retaining the lands north of Hastings for industrial use;
- rezoning approval will set a precedent that may encourage
other owners to convert to non-industrial uses;
- site is part of a buffer zone between the port and
residential uses to the south;
- residential use is not compatible with industrial and port
activities -- occupants will complain about inevitable noise
and smells in this port industrial area, and which occur at
all hours of the day and night, thereby undermining the
viability of this industrial activity;
- existing parking deficiencies in the area will be
exacerbated; and
- it will be difficult to limit occupancy of the studios to
legitimate artists.
These matters have been addressed in one way or another in the
preceding pages.
APPLICANT'S COMMENTS
The applicant has been given a copy of this report and provides
the following comments:
"As applicant we are pleased that the Planning Department has
recommended that our rezoning application be referred to Public
Hearing. However, we are also disappointed that the Director of
Land Use and Development is recommending that the application be
refused. We understand that, based on the technical
interpretation of current policy, the Planning Department seems
obliged to recommend refusal. However, based on the project's
previous support by Council, its conformity to all aspects of
current policy other than FSR, and its clear public benefit and
merits, we believe that the project should have the unconditional
support of the Planning Department. We have set out below our
comments which support our position:
1. Previous Support from Council
On two previous occasions City Council has voted for this
project to proceed. Council's support of the processing of
the rezoning application is referenced in this report. The
minutes from the June 1st meeting of the Standing Committee,
considering the development permit application state:
"the majority felt fairness required that this application be
dealt with in accordance with the policies in place at the
time of submission. The application's rental status was
viewed as crucial. It was also noted artist live/work studios
are incompatible with other residential use".
At the June 1st Committee meeting Councillors heard from a
broad range of speakers for and against, including all the
interested parties mentioned in this report. Council then
supported a motion to allow the application to be processed in
a similar manner to 1701 Powell Street which had achieved a
relaxation on FSR from the Board of Variance to allow the
project to proceed.
2. Conformity to Policy
Although the rezoning application does not, strictly speaking,
meet the current rezoning criteria for industrial land, the
actual proposed land use generally complies with both past (at
the time of Development Permit Application) and current
policies for Artist live/work and industrial land in all but
the reutilization of approximately 3.0 FSR contained within an
existing 60 year old building.
3. Public Benefit & Merits
A study by the Housing and Properties Department has stated
that the housing benefit of providing 40 rental studios in
perpetuity exceeds the value of the gain to the applicant of
the additional re-used floor space. Furthermore the project
has the resolute support of many community groups and three
out of four of its direct neighbours. The compatibility
concerns of some nearly industries are dealt with by the
verifiable technical and legal measures described in this
report."
APPENDIX F
APPLICANT, PROPERTY OWNER AND DEVELOPER INFORMATION
APPLICANT Robert Leshgold, Architect
PROPERTY OWNER Reliance Holdings Ltd.
DEVELOPER Reliance Holdings Ltd.
SITE INFORMATION AND STATISTICS
STREET ADDRESS 303 Railway Street
LEGAL DESCRIPTION Lot A, Block 39A, D.L. 196, Plan 4600
SITE AREA 1 096.5 m2 (11,803 sq. ft.)
WIDTH (Railway Street) 22.7 m (74.54 ft.) at front, 28.3 m (92.85 ft.) at rear
DEPTH (Gore Avenue) 44.2 m (145.16 ft.) and 45.9 m (150.53 ft.)
DEVELOPMENT STATISTICS
RECOMMENDED
DEVELOPMENT DEVELOPMENT (if
PERMITTED IN PROPOSED different than
M-2 DISTRICT DEVELOPMENT proposed)
LAND USES Industrial Uses, Artist Studios, and
Other Uses Dwelling Units
associated with Artist
Studios
MAXIMUM FLOOR SPACE RATIO 5.0 (except that 3.96 (4.44 existing) 4.0 (FSR to include
non-industrial uses common workshop areas
are limited to 1.0) at/above grade)
TOTAL FLOOR AREA 4 342 m2 4 380 m2
(46,740 sq. ft.) (47,149 sq. ft.)
DWELLING UNITS ASSOCIATED WITH
ARTIST STUDIOS 40
MAXIMUM HEIGHT 30.5 m (100 ft.) 20.12 m (66 ft.) 21 m
NUMBER OF STOREYS n/a 4 storeys + basement
FLOOR-TO-CEILING HEIGHT n/a
average 2.8 m (9.3 ft.)
maximum 4.0 m (13.2 ft.)
FRONT YARD SETBACK not required 0 m
SIDE YARD SETBACK not required 0 m
REAR YARD SETBACK 3.1 m [0 m] 0 m
BICYCLE SPACES 45
LOADING SPACES 1
PARKING SPACES 22