Agenda Index City of Vancouver

POLICY REPORT
DEVELOPMENT AND BUILDING

TO: Vancouver City Council
FROM: Director of Current Planning, in consultation with the General Manager of Engineering Services and the Director of Legal Services
SUBJECT: CD-1 Rezoning - 600 Nicola Street
 

RECOMMENDATION

GENERAL MANAGER'S COMMENTS

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

COUNCIL POLICY

On March 28, 1995 Council directed staff to proceed with the development of by-laws and guidelines to permit `live/work' uses.

Other relevant Council policies for the site include:

… Central Area Plan, adopted December 3, 1991.
… Coal Harbour Official Development Plan, adopted November 6, 1990.

PURPOSE AND SUMMARY

This report assesses an application to rezone a site zoned Central Waterfront District (CWD) to CD-1 together with amendments to the Coal Harbour Official Development Plan to permit a mixed-use with residential, commercial, and `live/work' uses at 600 Nicola Street.

The Coal Harbour Official Development Plan contains 4 752 m2 (51,151 sq. ft.) of commercial floor area which has yet to be allocated to a site. This rezoning proposes this floor area be used for a residential, commercial and `live/work' building in the Marina Neighbourhood.

A 7-storey `live/work' building is proposed and the zoning would permit a variety of uses including residential, `live/work', retail and other commercial uses. Staff view this `live/work' building as a better fit for this site than a wholly commercial building because the character of the area is predominantly residential. This development will be an experimental prototype for future `live/work' buildings elsewhere in the city to accommodate the increasing prevalence of home-based businesses. The zoning will also provide occupants of the building a great degree of choice in the type of home businesses.

The site is unusual because it is long and narrow, with little depth (approximately 17 m [56 ft.] deep by 75.0 m [247 ft. long]). Also, there are three buildings immediately abutting the southerly property line (see figure 3 on page 7). The close proximity of these three existing commercial buildings to the south was a concern. Staff convened a series of discussions involving the applicant and the owners of these buildings to identify adjustments to the

design of the proposed building in response to their concerns. The owners of these buildings are opposed to the rezoning because they believe that it limits their redevelopment opportunities and reduces access to light for their buildings.

Staff support the rezoning because the building introduces variety regarding use (the `live/work' component) and built form (mid-rise) in an area which is dominated by residential tower and podium buildings. It is also an opportunity to experiment with a prototype for commercial `live/work' uses (i.e., home-based businesses) that go beyond the artist `live/work' studio opportunities currently available. It would provide a prototype for this type of development. Also, the applicant agreed to modify the design of the building by reducing the amount of floor space in the upper storeys to open up opportunities for access to light and near views for the southerly existing and future buildings. Since owners have been unable to achieve consolidation of the site, staff worked with all parties to identify an approach for multiple development sites on this block.

DISCUSSION

Site Constraints

Since 1992 the property owners, working with staff, attempted to put together a proposal for consolidating the block into one development site, including the sites on Pender Street and the northerly site on Hastings Street for a high-rise development. However, these efforts have not met with success. The application covers only the northerly site.

Use

The application proposes that 4 752 m2 (51,151 sq. ft.) of commercial floor space be converted to mixed-use residential-commercial floor space. This would utilize all the remaining unallocated commercial floor space permitted by the Coal Harbour Official Development Plan.

Staff support the designation of this floor space for residential and `live/work' uses rather than for only commercial use because this use has a better fit with the predominantly residential character of Coal Harbour sites, to the north. This development will be an experimental prototype for future `live/work' developments. The proposal offers the occupants of units the flexibility to live and work in one's unit, to just operate a business in one's unit or to use a unit for only residential quarters or to combine units to create a larger unit.

The development would include 52 `live/work' units. The 11 grade-level units on Hastings Street would lend themselves to being used for retail because they would have `storefront style' windows. The application will give a significant degree of `choice-of-use.'

Density

The Coal Harbour Policy Statement calls for a net density of 2.75 floor space ratio (FSR) for this site. The proposed FSR is 3.58 which includes a floor space allocation for the extension of mezzanines on the first and sixth storeys. Staff support the increase in density because:

… the density for the entire block frontage (including the adjacent salt water pumping station) is 2.75 FSR which is consistent with the intent of the Policy Statement;
… the resulting form of development conforms to the design guidelines of the Marina neighbourhood for the massing of the first eight storeys of buildings; and
… the amount of floor space, as explained below, in the upper six storeys was reduced in response to the concerns raised by adjacent property owners.

Form of Development

The proposed building is 25.0 m (82 ft.) in height with six storeys and two mezzanine levels. The height of this building is within the design guidelines identified for the Marina neighbourhood.

Due to the site configuration, the height and massing of the proposed building could potentially impact buildings on the same block on Pender Street. The block is subdivided into lots fronting on either Hastings or Pender Streets. The lots have unusually narrow depths ranging from approximately 17.0 to 21.0 m (58 to 70 ft.), with the deeper lots fronting on Pender Street. Owners of the three buildings on Pender Street which are abutting the site were particularly concerned about (see Figure Three on page seven):

… the constraint placed on redeveloping their property with a development encompassing one or two towers and a podium; and
… the building's impact on the access to light for their buildings.

In response to these concerns and following a series of discussions between the owners of the Pender-fronting properties, staff and the applicants, the applicant agreed to make several changes to the massing of the proposed development. The changes agreed to by the applicant include:

… cutting back the upper floors of the western end of the building by 9.2 m (30 ft.) to increase light access and view opportunities for the 5-storey office building on Pender Street;

… pulling back the eastern end of the upper storeys of the building by 4.2 m (14 ft.) to increase light access and view opportunities for the two 2-storey buildings at the eastern end of the block frontages on Pender Street; and
… relocating the floor space to the rear of the grade-level units and thus reducing the mass of upper storeys.

Design Guidelines for the Block: Staff recommend the approval of the following design guidelines (see Appendix C) to ensure a good fit between the existing and future buildings on this block and those on adjacent blocks (see Figure 3):

… 2 m (6.5 ft.) setbacks on Nicola and Broughton Streets to match the setbacks on the northerly blocks and provide green space;
… 2 m (6.5 ft.) setback on Pender Street for future Pender Street-fronting buildings to match the setbacks on adjacent Pender-fronting blocks;

… 2 m (6.5 ft.) setback for the first storey of future Pender Street-fronting buildings from the interior property line of the Hastings Street-fronting buildings;
… two locations for potential towers on Pender Street at the easterly and westerly ends of the block;
… maximum width of towers should be 29.0 m (95 ft.) to minimize view blockage (same maximum width for Coal Harbour development);
… for future buildings, vehicular access should be from Hastings, Nicola or Broughton Streets.

A staff review has confirmed that it is practical for development to be built following these guidelines.

Public Amenities

Staff do not recommend securing additional funding for amenities because lands and financing for public amenities, consistent with CHODP requirements, were secured through legal agreements as part of the original rezoning of the adjacent site. This included the unallocated commercial density which is being utilized for this project. Staff estimate that the conversion of this commercial to `live/work' floor space will result in the addition of between 40 and 70 additional residents. Staff and Marathon Developments are projecting a deficit of 100 fewer units than originally projected for the Marathon's Coal Harbour neighbourhood for the calculations of public amenity requirements.

Public Comments

An Open House was held in the area and there was general support for the proposal, with the exception of those representing one of the adjoining property owners (Reliance Holdings). The owners of the adjoining properties (fronting on Pender Street) oppose the rezoning. (see Appendix F)

CONSEQUENTIAL AMENDMENTS

Consequential amendments to the CHODP are consistent with the proposed CD-1 By-law, including adjustments to conversion of commercial floor space to commercial-residential and `live/work' floor space, the number of permitted units in the Marina neighbourhood and the land use maps.

The Sign By-law must also be amended to provide for sign regulations. It is recommended that billboards not be permitted on the site due to its residential character.

COMMENTS FROM OTHER DEPARTMENTS

Real Estate

In response to concerns raised by owners of buildings on Pender Street, Real Estate staff assessed the impact of the proposed development on adjacent land values. It was concluded that the new development may have some impact on the value of the upland sites for development purposes, however, it cannot be quantified at this preliminary stage. It should also be noted that in any case there would be a building on this site. The site was not identified in the ODP for open space. The value of the Pender Street properties would likely increase if they were consolidated with this parcel or other Pender Street properties, which some adjacent owners have declined to do. (see Appendix G)

Permits and Licenses

The "live/work " concept is not currently addressed in the Vancouver Building By-law which will create design challenges, including that the mix of residential and industrial classifications are not permitted in the same building. Although ultimately a separate study of these issues will be needed for future by-law changes, this prototype project will have to be addressed to meet the Vancouver Building By-law through interim policy and equivalency provisions.

CONCLUSION

Staff support this rezoning because the proposed conversion of commercial to residential-commercial and 'live/work' floor space is more compatible with the predominantly residential character of the Coal Harbour neighbourhood to the north. It provides an opportunity to develop a prototype for future `live/work' development which offers opportunities for a variety of home-based businesses. The development is unusual due to the long and narrow shape of the lot and the close proximity of the proposed building to existing buildings. Staff is convinced that the siting and massing of the building adequately responds to the view and light requirements for the adjacent buildings and accommodates future redevelopment opportunities for the Pender Street properties.

Staff recommend that the application be referred to a Public Hearing with a recommendation from the Director of Current Planning to approve it, subject to proposed conditions of approval presented in Appendix D.

- - - - -

APPENDIX A

DRAFT CD-1 BY-LAW PROVISIONS

The CD-1 By-law shall contain the provisions generally as written below.

1.0 Definitions

2.1 Uses

2.2 Conditions of Use

3. Floor Area and Space

4. Height

5. Open Space

6. Parking and Loading

7. Acoustics

LINK TO APPENDIX B

APPENDIX C

Guidelines for the Development of the
1400 Block of West Hastings Street and West Pender Street

1 Application and Intent

2 General Design Considerations

2.11 Access and Circulation

4 Guidelines Pertaining to the Regulations of an Official Development Plan, Central Waterfront District or the applicable CD-1 By-law

4.4 Front Yard Setbacks

4.5 Side Yard Setbacks

4.6 Rear Yard Setbacks

4.16 Tower Width

APPENDIX D

PROPOSED CONDITIONS OF APPROVAL

NOTE: These are draft conditions which are subject to change and refinement by staff prior to the finalization of the agenda for the public hearing.

(a) THAT the proposed form of development be approved by Council in principle, generally as prepared by Henriquez Partners, Architects and stamped "Received, City Planning Department, July 9, 1999" 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:

(c) THAT prior to enactment of the amending By-law, and at no cost to the City, the registered owner shall:

Where the Director of Legal Services deems appropriate, the preceding agreements are to be drawn, not only as personal covenants of the property owner, but also as Covenants pursuant to Section 219 of the Land Title Act.

The preceding agreements are to be registered in the appropriate Land Title Office, with priority over such other liens, charges and encumbrances affecting the subject site as is considered advisable by the Director of Legal Services, and otherwise to the satisfaction of the Director of Legal Services prior to enactment of the by-law; provided, however, the Director of Legal Services may, in her sole discretion and on terms she considers advisable, accept tendering of the preceding agreements for registration in the appropriate Land Title Office, to the satisfaction of the Director of Legal Services, prior to enactment of the by-law.

The preceding agreements shall provide security to the City including indemnities, warranties, equitable charges, letters of credit and withholding of permits, as deemed necessary by and in a form satisfactory to the Director of Legal Services. The timing of all required payments shall be determined by the appropriate City official having responsibility for each particular agreement, who may consult other City officials and City Council.

 

LINK TO APPENDIX E

APPENDIX F

ADDITIONAL INFORMATION

Site and Surrounding Development

The proposed development at 600 Nicola is located within the boundary of the Coal Harbour Official Development Plan. The .135 ha (.33 acre) site is bounded by Nicola Street to the west, Hastings Street to the north, Broughton Street to the east and a property line running through the middle of the block to the south. The site is currently used for parking. Directly to the north, the site is zoned CD-1 to accommodate two residential towers (65 and 57 m in height or 23 and 20 storeys) and townhouses along Hastings Street. Immediately to the south, along Pender Street, there are three office buildings (two are two storeys and one is 5 storeys in height). These sites are zoned Downtown District with an FSR of 6.0.

Proposed Development

The proposed development is 8 storeys (25 m or 82 feet) with a proposed FSR of 3.58. There are 52 units proposed for the building which will all be able to accommodate `live/work' activities The ground floor units will also be well-suited to retail. Some of these units may be combined to produce larger units.

Vehicular access to two levels of underground parking is provided via Nicola Street. Pedestrian access is provided from Hastings Street. Access for occupants of the building may also be made through a mews along the southern edge of the building.

Parking and Loading Requirements

The City Engineer supports the proposed provision of 56 parking spaces which ensures that each of the 52 units will have a parking space and some additional parking for visitors. One loading bay will be provided within the parkade.

Social and Environmental Implications

This development will allow for individuals to live and work in the same unit thereby reducing automobile dependancy.

APPENDIX G

COMMENTS FROM THE PUBLIC, REVIEWING AGENCIES AND THE APPLICANT

Public Input

A rezoning sign was erected on the site on April 20, 1999 and a notification letter has been distributed to the surrounding neighbourhood. Staff have received six letters concerning the development, all from the owners of buildings south of the proposed development, immediately abutting the site.

Sixteen individuals attended an open house in the neighbourhood on May 25, 1999. There was general support for the proposal. Opposition to the proposal was only expressed by representatives from Reliance Holdings, which owns 1409 West Pender Street, immediately adjacent to the proposed development.

Input from owners of buildings on Pender Street, abutting the site of the proposed development: The owners of the three adjacent buildings, which front on Pender Street, have indicated a preference for the pursuit of a consolidated development encompassing the entire block or a consolidation of the block into two development parcels. This option has been considered for the past seven years. However, the owners could not develop a proposal for such a development that was endorsed by all owners. The owner of the Hastings Street portion of the block (Marathon Developments) prefers to pursue the development of the portion of the block which they own.

In a letter Reliance Holdings (owner of 1409 West Pender Street ) advised staff that they do not support the proposed development and suggested that the density be reduced to an FSR of 2.75, in conformance with Council policy. Further, they objected to the proposed mews on their northerly property line as they concluded that it would become an enclave for crime. On the advice of staff, the applicant did modify the eastern end of the building to provide more light for this and the middle property and the applicant agreed to ensure that the mews was a secure, private space. Reliance Holdings also indicated that the proposed development will reduce the value of their property and suggested as an alternative the consolidation of the block into one or two larger parcels.

Representatives of the owner of the middle property (1425 West Pender Street) asked staff and the applicant to provide an easement for exiting from their building across the site proposed for rezoning. The applicant has agreed to provide this easement.

Planning and City Building Code staff met with representatives of the owner of 1425 West Pender Street to identify whether the proposed building at 600 Nicola will increase the cost of renovating 1425 West Pender. The representatives of the owner of 1425 West Pender requested that the proposed building at 600 Nicola Street be setback a further 3.5 m at the rear property line to reduce the building code requirements for up-grading the existing building on Pender Street. The applicant did not agree to this request noting that site proposed for rezoning has an unusually narrow depth and granting this request would make the floor plate inefficient and uneconomic. Staff advised them that the close proximity of 1425 West Pender Street to its rear property line is the key factor determining up-grading requirements from the Building Code.

The owner of 1477 West Pender wrote that he opposed the development due to the loss of access to light and air. Staff recommended that a portion of the building's western end by pulled back to open up opportunities for light. Although the owner viewed this change as positive, he advised staff that the proposed building's proximity to his office building is unacceptable.

Comments from Engineering Services staff

I have no objections to the proposed rezoning provided that the following issues are addressed prior to By-law enactment:

… clarification of the charges shown on title is required. A summary charge should be provided;

… parking is to be provided at a minimum rate of one space per unit supplemented by seven additional spaces; and

… any new telephone or electrical services are to be underground from the closest existing suitable service point.

APPENDIX H

Applicant, Property, and Development Proposal Information

Applicant and Property Information

Street Address 600 Nicola Street
Legal Description Lot 7, Blk 42, DL 185, Plan LMP 12354
Applicant Henriquez Partners
Architect Henriquez Partners
Property Owner/ Developer Marathon Development

Site Statistics

  Gross Dedications Net
Site Areas 1350 sq. m - 1350 sq. m

Development Statistics

  Development Permitted Under Existing Zoning Proposed
Development		 Recommended
Development (if different than proposed)
Zoning CWD CD-1  
Uses port uses, transportation uses, marine uses, commercial uses, institutional uses, industrial (light) uses, parks & open spaces, public uses &
facilities		 clothing & jewellery manufacturing uses, cultural & recreation uses, dwelling uses, institutional uses, office uses, retail uses, service uses, transportation & storage uses, wholesale uses, and, accessory uses ancillary to above  
Total Dwelling Units
Market
Non-market		 -
-
-		 52
52
-		  
Max. Floor Space Ratio
-- Residential
-- Retail, Office, Service
-- Hotel		 -
-
-
-		 3.6  
Max. Height - 25 m  
Max. No. Of Storeys - 8 Storeys
(6 storeys + 2 mezzanines)		  
Parking Spaces - 64 spaces

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