POLICY REPORT
DEVELOPMENT AND BUILDING

	Date: November 24, 1998
	Author/Local: RWhitlock/7814
	RTS No. 247
	CC File No. 5306

TO: Vancouver City Council

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

SUBJECT: CD-1 Rezoning - 5750 Oak Street: Lubavitch Centre

RECOMMENDATION

A. THAT the application by the Central Organization for Jewish Education/Lubavitch - British Columbia, to rezone 5750 Oak Street (Lot 1 of Lot A, Block 1008, DL 526, Plan 13567 NWD) from RS-1 to CD-1 to permit replacement of the existing Lubavitch Centre and 53 dwellings units, be referred to a Public Hearing, together with:

(i) plans received September 8 and November 17, 1998;

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

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

FURTHER THAT the Director of Legal Services be instructed to prepare the necessary CD-1 By-law for consideration at Public Hearing.

B. THAT, subject to approval of the rezoning at a Public Hearing, the Subdivision By-law be amended as set out in Appendix E; and

FURTHER THAT the Director of Legal Services be instructed to bring forward the amendment to the Subdivision By-law at the time of enactment of the Zoning By-law.

GENERAL MANAGER'S COMMENTS

The General Manager of Community Services RECOMMENDS approval of A and B.

COUNCIL POLICY

Council has the following policies for the Oakridge/Langara study area:

· Oakridge Langara Policy Statement (OLPS), approved July 25, 1995;
· Oakridge Langara Public Benefit Strategy, approved June 13, 1996;
· Oakridge Langara Traffic Management Plan, approved June 13, 1996; and
· Development Cost Levy By-law, adopted September 25, 1996.

The following policy from the OLPS applies to existing institutional uses in the area:

Increases in overall site density beyond the residential floor space ratio (FSR) outlined in Chapter 3 (‘Residential Location and Density’) may be considered in order to retain the institutional use, but only if the mixed-use proposal is shown to minimize impact on the community while providing city-desired public benefits in return.

On January 8, 1998, in considering an issues report on the OLPS Institutional FSR Replacement Policy, Council clarified the policy as follows:

“That the OLPS Institutional FSR Replacement Policy be interpreted to allow only replacement of existing institutional floor space and no other substitution.”

On November 19, 1997, Council approved the following community development objectives as the basis of the City's social housing policy:

· Maintain and expand housing opportunities in Vancouver for low and moderate income households, with priority being given to Downtown lodging house residents, elderly people on fixed and limited incomes, the physically and mentally disabled, and single-parent families.
· Encourage the distribution of acceptable housing forms and affordable shelter costs equally among all residential neighbourhoods of Vancouver.

PURPOSE AND SUMMARY

This report assesses a rezoning application to allow redevelopment of the site at 5750 Oak Street with a single building, containing the following uses:

· a replacement facility for the Lubavitch religious/education/social centre presently occupying the site; and
· 53 dwelling units.

The current proposal meets all parameters of the OLPS, except height. The OLPS provides for a height limit of 15.24 m (50 ft.), while the current proposal has a height of 15.4 m (50.5 ft.) for the residential portion and 18.0 m (59 ft.) for the institutional portion. There are valid urban design reasons for this height to exceed the regulatory parameters of the Policy Statement.

The Director of Central Area Planning on behalf of Land Use and Development recommends that the application be referred to Public Hearing, and that it be approved.

DISCUSSION

Background: On January 8, 1998, Council considered a rezoning proposal by Lubavitch to replace a portion of the existing institutional FSR with residential uses, the proceeds of which would be used towards an operating endowment for a new Lubavitch Centre. At that time, Council clarified the OLPS policy regarding replacement of institutional facilities, by resolving:

“That the OLPS Institutional FSR Replacement Policy be interpreted to allow only replacement of existing institutional floor space and no other substitution.”

The proposal has been revised in accordance with Council’s resolution.

Map

Use: Replacement of existing institutions is supported in the OLPS, in conjunction with residential uses. The proposal is consistent with the Policy Statement.

Density: The applicant has requested minor increases in FSR over that outlined by the OLPS for both institutional and residential components to provide for the following below-grade areas:

1. institutional storage of about 213.0 m² (2,300 sq. ft.);
2. institutional lobby space of about 23.0 m² (250 sq. ft.); and
3. residential lobby space (elevator entry to parking) of about 42.0 m² (450 sq. ft.).

As these areas are all below grade and have no effect on the above-grade bulk, staff are prepared to support increases to both institutional and residential FSRs, with a provision in the CD-1 By-law that the additional institutional FSR is specifically permitted only if below grade. The institutional FSR is increased from 0.54 to 0.60, while the residential FSR is increased from 1.44 to 1.45. Similar minor allowances were recommended and approved for the St. John Ambulance and Peretz Institute rezonings based upon the detailed design process and development forms that are sympathetic with the neighbourhood.

Height: The OLPS recommends a “general” height limit of 15.24 m (50 ft.) for the Lubavitch site. That height is consistent with five storeys for residential uses, allowing 3 m (10 ft.) for each floor. Staff recommend that height for the residential portion of the site be established at 15.4 m (50.5 ft.), and 16.2 m (53 ft.) for the circulation core element (elevator tower).

There are, however, additional requirements for the institutional portion, such as increased floor-to-floor height for mechanical equipment and lighting, plus urban design considerations to support an overall increase in height at the northwest corner. The Urban Design Panel had supported a proposed building height of 19.5 m (64 ft.) because it would provide for a stronger architectural statement at this important corner. Staff support a less significant increase, and recommended to the applicant that the height be reduced. The plans have been amended so that the height for the institutional portion of the site is now 18.0 m (59 ft.), with allowance for 19.5 m (64 ft.) for a decorative roof or building element at the northwest corner of the building. The higher elements are furthest away from adjoining RS-1 areas to the south and should not impact those areas at all.

Public Response: Staff have received several telephone calls from residents adjacent to the site expressing opposition to the 15.24 m (50 ft.) height limit established in the OLPS. As the height at the southerly end of the site is generally consistent with the OLPS, it is felt that the increased height at the north end of the site will not adversely affect residents. Staff therefore believe the proposed height can be supported despite residents’ concerns.

Public Benefit: The site will be subject to the Oakridge Langara Development Cost Levy (DCL) established by Council on June 13, 1996 at $34.98/m² or $3.25/sq. ft. for the proposed uses.

The Housing Centre supports this rezoning because it provides an increased supply and a broader diversity of adult-oriented housing in a neighbourhood largely comprised of one-family dwellings.

The OLPS allows for up to a 20% density bonus for the provision of City desired public benefits. For this rezoning, Housing Centre staff, with the assistance of Real Estate Services, have negotiated a non-market housing public benefit equal to $625,000. This is the increased land value which would result from the 20% increase in buildable floor area, should the rezoning be approved by Council at Public Hearing. The recommended public benefit would be taken in the form of four one-bedroom strata-titled units, plus exclusive use of four underground parking stalls (one parking stall for each housing unit), to be owned by the City at no cost and specifically targetted to seniors as rental. Aging-in-place features would be incorporated into the design of the units. Details of ownership, rent levels, etc., are outlined in Appendix C.

CONCLUSION

Planning staff conclude that the proposal is in keeping with the OLPS, except with regard to height which can be supported for urban design reasons. It is recommended that the rezoning be referred to Public Hearing and that the application be approved.

DRAFT CD-1 BY-LAW PROVISIONS

Use · Institutional Uses, but not including Ambulance Station, Detoxification Centre, Hospital, or any Special Needs Residential Facility.

· Multiple Dwelling, containing a maximum of 60 dwelling units.

FSR · Institutional Uses: Maximum of 0.54 FSR above-grade; Maximum 0.06 below-grade for storage, lobby areas and similar areas.

· Residential Uses: Maximum of 1.44 FSR above grade; Maximum of 0.01 FSR below grade for lobby area.

Height · A maximum of 18.0 m (59 ft.) to the top of the cornice and five storeys for institutional uses, and 19.5 m (64 ft.) for a decorative roof or building element at the corner of West 41st Avenue and Oak Street; and

· A maximum of 15.4 m (50.5 ft.) to the top of the cornice and five stories for residential uses and 16.2 m (53 ft.) for the circulation core.

Parking · Pursuant to Parking By-law, in accordance with parking and loading requirements for RM-3, including a standard relaxation clause.

Acoustics · Per RM-4N District Schedule.

PROPOSED CONDITIONS OF APPROVAL

(a) THAT the proposed form of development be approved by Council in principle, generally as prepared by Paul Chiu, Urban Design Group, Architect, and stamped "Received Planning Department, September 8 and November 17, 1998", provided that the Director of Planning may allow 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) provision of a traffic study that reviews the impact of the proposed 41st Avenue crossing on the existing bus stop on 41st Avenue adjacent the site. The study is to include the number of right hand turns expected at peak use times for both residential and institutional uses;

(Note: This bus stop is at a sensitive location. If the results of the study indicate an excessive amount of right turns which adversely affect the operation of the bus stop, then the access proposed from 41st Avenue will not be supported by Engineering Services.)

(ii) design modifications to meet Fire requirement that principle residential entrance to be located 15 m (49.2 ft.) or less from the street;

(iii) review of fire hydrant, siamese and fire alarm issues, to the satisfaction of the Fire Department;

(iv) submission of tree retention, protection and relocation plan and a certified arborist assessment and report, in conjunction with landscape review staff; and

(v) design development to take into consideration the principles of CPTED (Crime Prevention Through Environmental Design) having particular regard to reducing opportunities for:

· theft in the underground;
· break and enter; and
· mischief and vandalism such as graffiti.

(Note to Applicant: Separation between residential and institutional users, including exit stairs and parking, should be a consideration.)

(c) THAT, prior to enactment of the CD-1 By-law, the registered owner shall:

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

· dedication of the west 2.13 m of the site for road;

· statutory Right-of-Way for road for the 3.0 m x 3.0 m corner cut at the northwest corner of the site (measured from the widening line);

· relocation of the existing water service that is within Easement No. 18622 (reference plan). If this water service cannot be relocated, no development will be permitted within the easement area; and

· provision of street trees adjacent the site where space permits.

(ii) clarification of any proposed encroachments into Right-of-Way No. 18622 (reference plan) is required. No development within this right-of-way will be permitted;

(iii) clarification of the charges that appear on title is required. A charge summary should be provided;

(iv) make arrangements for all electrical and telephone services to be undergrounded within and adjacent the site from the closest existing suitable service point;

(v) 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 their property;

(vi) execution of an Option to Purchase in favour of the City of Vancouver for the purchase in fee simple of four one-bedroom units of approximately 55.74 m net (600 net sq. ft.) in floor area, plus exclusive use of four underground parking stalls in the same building, at no cost to the City, to the satisfaction of the Director of Legal Services and the Director of the Housing Centre;

(vii) enter into a Housing Agreement with the City to guarantee for the life of the building the rental status of the four one-bedroom units to be purchased by the City at no cost to the City; and

(viii) enter into a Housing Agreement with the City to guarantee for the life of the building the irrevocable right of each and every strata owner of the building to allow their unit(s) to be occupied by rental tenants on a continuous basis without let or hindrance.

APPENDIX C
Page 1 of 2

ADDITIONAL INFORMATION

Site, Surrounding Zoning and Development: This 0.38 ha (0.94 ac.) site is comprised of a single parcel on the east side of Oak Street and on the south side of West 41st Avenue. The site has a frontage of 44.2 m (145 ft.) and a depth of 85.3 m (280 ft.).

To the east of the site is the Jewish Community Centre, which is zoned CD-1. Lands to the south and southeast are zoned RS-1 and developed with one-family dwellings. To the southwest, across Oak Street, is a recent seniors-oriented housing development, zoned CD-1. To the west and north, sites are zoned C-1 local commercial, and include two gas stations and a small retail/office complex. To the northwest, is the Louis Brier care facility zoned RS-5 for which a rezoning inquiry has been received regarding expansion.

Proposed Development: The development proposal includes the following components in a single building:

USE	FSR	DESCRIPTION
Replacement of Existing Lubavitch Centre	0.54 plus 0.06 below grade	Up to 2 045 m² (22,010 sq. ft.) above grade and 227 m² (2,446 sq. ft.) below grade
Dwelling Units	1.45	53 dwelling units, of which 4 will be given to the City
Total	2.05

The Lubavitch Centre would be situated on the northerly portion of the site, filling the corner at West 41st Avenue and Oak Street. The general height of the institutional use is established at 18.0 m (59 ft.), with provision for either a decorative roof or building feature to a height of 19.5 m (69 ft.). The residential portion of the development would maintain a general height of 15.4 (50.5 ft.), with provision for the circulation core to a height of 16.2 (53 ft.). Parking is provided underground, with access points on both Oak Street and West 41st Avenue.

Public Benefit Housing Component: It is proposed that in return for the 20% density bonus, the applicant will turn over four one-bedroom strata-titled units, plus exclusive use of four underground parking stalls (one parking stall for each housing unit), to be owned by the City at no cost and specifically targetted to seniors as rental. Aging-in-place features would be incorporated into the design of the units. Ownership of the units would be vested in the Capital Assets Account with the surplus revenue, after property taxes and strata-title fees, accruing to the Affordable Housing Fund.

APPENDIX C
Page 2 of 2

The four non-market housing units would be rented out at SAFER maximum rents which are $520 per month for singles and $575 per month for couples. Seniors must be at least 55 years of age. Tenant household income must not exceed $26,500 per annum which is the B.C. Housing Core Need Income Threshold (CNIT) for a one-bedroom unit in Vancouver. Preference will be given to seniors who come from the Oakridge Langara area.

The four non-market housing units would be operated on behalf of the City by a non-profit housing group with a proven track record in managing seniors non-market housing. An invitational proposal call to pre-qualified groups would be evaluated by Housing Centre staff with a report to Council for approval of the chosen group and other administrative details required to implement the program.
INPUT FROM PUBLIC, OTHER DEPARTMENTS AND THE APPLICANT

Public Input: A notification letter was sent to nearby property owners on July 9, 1998 and rezoning information signs were posted on the site at the same time.

Several phone calls were received from residents in the area south-east of the site. Concerns focused on the height of 15.24 m (50 ft.).

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.

Parking is to be provided as per RM-3 and Institutional/Community centre standards of the Vancouver Parking By-law and is to include the standard relaxation clause: The Director of Planning, on the advice of the General Manager of Engineering Services, may grant a relaxation of the parking requirements, as specified in section 3.2 of the Vancouver Parking By-law, and where he is of the opinion that such a relaxation will not adversely impact surrounding developments and area residents or the needs of the patrons, residents or visitors to the site.

Fire Services: Principal entrance to residential portion appears to be greater than 15 m (49.2 ft.) from the street. Fire Department information is lacking (fire hydrant, siamese, fire alarm, etc.), but plans are preliminary. These issues need to be reviewed at a more detailed stage.

Crime Prevention Through Environmental Design (CPTED): A condition of approval is contained in Appendix B related to CPTED considerations to be reviewed at the development application stage.

Subdivision By-law: If the proposed rezoning is approved at Public Hearing, an amendment will need to be made to the Subdivision By-law, at the time of enactment, to delete the category ‘D’ standards which were established in 1988 for this site.

Urban Design Panel Comment: The Panel reviewed this proposal on July 15, 1998 and September 9, 1998 when the application received unanimous support. The detailed comments are as follows:

“EVALUATION: SUPPORT (9-0)

· Introduction: Rob Whitlock, Rezoning Planner, presented this rezoning application. The Panel did not support the application when it was reviewed in July 1998. The Panel supported the proposed use and density. Mr. Whitlock briefly reviewed the Panel’s earlier concerns which largely arose out of the applicant’s desire at that time to maintain the same floor-to-floor heights for both the residential and commercial components of the development. There is now a clear separation of the institutional from the residential use. As well, the symmetry has been broken down along 41st Avenue and there is now more of an architectural feature at the corner. In general, Planning staff believe the scheme is now working much better. The Panel’s comments are sought on how the previous concerns have been addressed, and on the appropriateness of the proposed height at the corner.

· Applicant’s Opening Comments: Roger Moors, United Properties, noted the response to the Panel’s earlier concern about the need to make a statement at the corner. It also blends architecturally with the Jewish Community Centre. Margot Long, Landscape Architect, reviewed the results of an arborist’s report on the trees on the site.

· Panel’s Comments: After reviewing the model and posted drawings, the Panel commented as follows:

The Panel unanimously supported this rezoning application. The Panel strongly supported the proposed height which helps to strengthen and articulate this important corner. It was felt the additional height at the corner improves the urban design of the project. The Panel generally found the response to its previous comments had been satisfactorily addressed, noting that the remaining issues can be dealt at the development application stage.

As the project is refined, the Panel thought more attention should be given to the corner building and the integration of the curtainwall with the stepping element. Further consideration should also be given to the relationship of the corner building to the Jewish Community Centre and with the residential component.

The depth of the recesses in the residential building, which create an overly complex façade along Oak Street, remained of concern to the Panel. It was stressed that this will need to be addressed at the next stage of the design.

The landscaping was seen as quite a positive contribution to Oak Street, with one suggestion to consider some recognition for the trees that will be lost.

A recommendation was made to integrate the existing sign board into the overall design at the appropriate time.

· Applicant’s Response: Mr. Moors said the existing message board is intended to be incorporated into the canopy of the entrance. Mr. Chui thanked the Panel for its support for the additional height at the corner.”

Landscape Review: The present design will not provide for retention of significant trees along West 41st Avenue. Staff would like to review the possibility of relocating these existing trees elsewhere on the site at the development application stage.

ENVIRONMENTAL IMPLICATIONS

Nearby access to transit and commercial services may reduce dependence on use of automobiles.

SOCIAL IMPLICATIONS

The OLPS supports retention of existing facilities in the area by allowing for their replacement in conjunction with the addition of residential uses on the same site, subject to achieving a satisfactory development in keeping with the neighbourhood.

There are no implications with respect to the Vancouver Children's Policy or Statement of Children's Entitlements.

COMMENTS OF THE APPLICANT

The applicant has reviewed the report and has no objections.

APPENDIX F

APPLICANT, PROPERTY, AND DEVELOPMENT PROPOSAL INFORMATION

APPLICANT AND PROPERTY INFORMATION

Street Address	5750 Oak Street (990 West 41st Avenue)
Legal Description	Lot 1 of Lot A, Block 1008, District Lot 526, Plan 13567 NWD
Applicant	Central Organization for Jewish Education/Lubavitch - British
Architect	Paul Chiu, Urban Design Group, Architects
Planning Consultant	Jim Lehto, UD & D Ltd.
Property Owner	Central Organization for Jewish Education/Lubavitch - British Columbia
Developer	United Properties Ltd.

SITE STATISTICS

	GROSS	DEDICATIONS	NET
SITE AREA	3 786.5 m² / 40,759 sq. ft.	Nil	3 786.5 m² / 40,759 sq. ft.

DEVELOPMENT STATISTICS

	DEVELOPMENT PERMITTED UNDER EXISTING ZONING	PROPOSED DEVELOPMENT
ZONING	RS-1	CD-1
USES	One-family dwellings, plus various conditional uses, incl. institutional	Institution of religious, philanthropic or charitable, character & dwelling units
DWELLING UNITS	1	53
MAX. FLOOR SPACE RATIO	0.60 subject to specified criteria	total maximum 2.05; maximum 0.60 institutional and maximum 1.45 residential
MAXIMUM HEIGHT	9.2 m (30 ft.)	18.0 m (59 ft.)
MAX. NO. OF STOREYS	2½	5
PARKING SPACES	Per Parking By-law	Per Parking By-law RM-3 for residential

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(c) 1998 City of Vancouver