ADMINISTRATIVE REPORT

Date: December 21, 1998
Author/Local: B.Boons/7678
RTS No. 378

CC File No. 2608

TO:	Vancouver City Council
FROM:	Director of Community Planning on behalf of Land Use and Development
SUBJECT:	Form of Development: 1025 East Pender Street - DE403556 Owner of Development: 422270 BC Limited

RECOMMENDATION

THAT, subject to the enactment of the CD-1 By-Law later this day and not withstanding departure from condition of rezoning approval (b), the form of development for the site known as 1025 East Pender Street be approved generally as illustrated in the Development Application Number DE403556, prepared by Brad Cameron Architecture and stamped “Received, Planning Department August 26, 1998”, provided that the Director of Planning may approve design changes which would not adversely affect the development character and livability of this site or adjacent properties.

GENERAL MANAGER’S COMMENTS

The General Manager of Community Services RECOMMENDS approval of the foregoing.

COUNCIL POLICY

There is no applicable Council policy except that Council did approve in principle the form of development for this site when the rezoning was approved, following a Public Hearing.

PURPOSE

In accordance with Charter requirements, this report seeks Council’s approval for the form of development for the above-noted site, for which a CD-1 By-law enactment will be before Council later this day.

SITE DESCRIPTION AND BACKGROUND

At a Public Hearing on July 28, 1998, City Council approved a rezoning of this site from M-1 Industrial Zone to CD-1 Comprehensive Development District. Council also approved in principle the form of development for these lands and indicated that any development application for this site be assessed having regard to the Strathcona/Kiwassa RT-3 Guidelines approved by Council November 3, 1992; and the following:

“submission of a report by a structural engineer regarding design provisions to minimize vibration impacts, to the satisfaction of the Director of Planning.”

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

Subsequent to Council’s approval of the CD-1 rezoning, the Director of Planning approved Development Application Number DE403556. This approval was subject to various conditions, including Council’s approval of the form of development. The condition related to rail vibration is one of the few outstanding prior to permit issuance.

DISCUSSION

The proposal involves the construction of three separate Two-Family Dwellings to be located on the south portion of the site and one Multiple Dwelling containing four dwelling units to be located on the north portion of the site. A total of ten (10) built-in off-street parking spaces will be provided having access from the rear lane.

The proposed development has been assessed against the proposed CD-1 By-law and the RT-3 Guidelines and was found to respond to the stated objectives.

Since the Public Hearing, the applicant has submitted more complete details on the provision of a concrete block wall 4.27 metres (14.0 ft.) in height and extending the full depth of the site along the west property line adjacent to the Burlington Northern rail line. The applicant’s consultant notes that along with the normal acoustic provisions incorporated into the design of the buildings, the solid wall will provide protection from noise and vibration resulting from the nearby rail line. Any further treatments would be extremely costly and would be beyond the ability of the owner to absorb and still make the development viable.

Further, staff in Legal Services advise that because the location of the rail line would be obvious to any future purchasers, the City bears no responsibility beyond ensuring that the development meets all of our By-laws and guidelines for developments of this type. As a result, staff are prepared to recommend that the portion of condition (b) of the rezoning approval requiring the submission of a report by a structural engineer regarding design provisions to minimize vibration impacts, be dropped.

Simplified plans, including a site plan and elevations of the proposal, have been included in Appendix ‘B’.

CONCLUSION

The Director of Planning has approved Development Application Number DE403556, subject to various conditions to be met prior to the issuance of the development permit. One of these conditions is that the form of development first be approved by Council. Staff believe that the form of development is appropriate, and that the condition related to the issue of vibration impacts should be dropped.

* * * * *

(c) 1998 City of Vancouver