CD-1 Text Amendment: 1088 Burrard Street (Wall Centre)

POLICY REPORT
DEVELOPMENT AND BUILDING

Date: May 1, 2001

Author/Local: DNaundorf/7484

RTS No. 01874

CC File No. 5303

Council: May 15, 2001

TO: Vancouver City Council

FROM: Director of Current Planning

SUBJECT: CD-1 Text Amendment - 1088 Burrard Street (Wall Centre)

RECOMMENDATION

THAT the application by Calmont Investments Ltd., to amend the text of CD-1 By-law No. 7971 for 1088 Burrard Street (Lots 1 - 413 Block 80, DL 541, LMS 1689) to add Motor Vehicle Wash as a permitted use, be referred to a Public Hearing together with draft CD-1 By-law amendments, generally as contained in Appendix A, and be approved; and

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

GENERAL MANAGER'S COMMENTS

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

COUNCIL POLICY

On January 26, 1999 City Council enacted CD-1 No. 386, which rezoned 1001 Hornby Street, 1050 & 1088 Burrard Street to permit a heritage density transfer to this site to allow additional hotel conference facilities in Phase II of the Wall Centre development.

PURPOSE AND SUMMARY

This report assesses an application to add Motor Vehicle Wash as a permitted use in CD-1 No. 386 (Wall Centre) and recommends that the application be approved.

DISCUSSION

Background: On December 3, 1993 Development Permit Number 213934 was issued for this site, thereby permitting construction of Phase 1 of the mixed-use Wall Centre Development. On March 2, 1995 a minor amendment to the Development Permit was requested, to alter portions of the P1 parking level. This amendment included, among other items, the use of three hotel car parking spaces for a car wash facility.

Staff concluded that the three parking spaces proposed for use as a car wash, were surplus to the parking requirements of the development, and that the location would not interfere with the operation of the parking facility or adjacent developments. As the proposed car wash was intended to service the auto fleet of the hotel, it was considered ancillary to hotel use. On March 20, 1995 the Director of Planning approved the minor amendment.

On January 26, 1999 Council rezoned the site to CD-1 to permit a heritage density transfer for additional hotel conference facilities in Phase II of the Wall Centre Development.

On June 16, 1999, the operator of the car wash applied for a business license in order to provide service to the general public in addition to washing the hotel fleet. The license could not be issued because the CD-1 by-law does not permit Motor Vehicle Wash as a "stand-alone" use. The operator was advised that an amendment to the CD-1 By-law would be needed in order for the use to be permitted.

On December 1, 1999, a property use inspection, undertaken as a result of a complaint, confirmed the operation of the car wash business. The complaint was non-specific, citing only that the car wash business was operating without a license. Property Use Inspection staff recommended the operator discontinue the car wash business or seek a rezoning to continue providing the service to the public. Enforcement has been withheld pending the outcome of the rezoning application.

Assessment: Motor Vehicle Wash as a "stand-alone" use, is permitted throughout most of the DD, and would have been a permitted use on this site prior to its rezoning to CD-1. Had the site not been rezoned, a development application for a Motor Vehicle Wash could have been considered and, if approved, a business license could have been issued. The existing underground hotel car wash facility has been providing service to the public, as a business, without substantive complaint. Little extra traffic is generated by the use. Staff believe its continued operation would provide a service to tenants of the development and may provide a measure of extra security to the parking garage.

Comments of the Environmental Protection Branch: Environmental Protection Branch staff have confirmed that the existing car wash business is a proper washing facility and that wastewater is satisfactorily managed. A Development Permit will be required for the MotorVehicle Wash and it will therefore be subject to compliance with all applicable provisions of the Sewer and Watercourse By-law and other relevant by-laws.

CONCLUSION

Given that Motor Vehicle Wash would have been permitted on this site prior to its CD-1 zoning, that it has been operating without substantive complaint, its impact is minimal, and it provides a level of service and security to the development's tenants, staff support the proposed amendment and recommend that the application be approved. Staff further recommend that the use be limited to the underground parking area.

APPLICANT'S COMMENTS

"Traffic is not an issue at our location, we are to the side of the parkade. I am happy with the rest of this report and give my acceptance for it to be considered by Council."

_ _ _ _

APPENDIX A

DRAFT CD-1 BY-LAW PROVISIONS

Uses

Service Uses limited to Animal Clinic, Barber Shop or Beauty Salon, Bed and Breakfast Accommodation, Catering Establishment, Hotel, Laundromat, or Dry Cleaning Establishment, Motor Vehicle Wash, limited to the underground parking area, Photo-finishing or Photography Studio, Repair Shop - Class B, Restaurant, School - Arts or Self-improvement, School-Business, School - Vocational or Trade, and;

Accessory Uses customarily ancillary to the above uses.

APPENDIX B

APPLICANT, PROPERTY, AND DEVELOPMENT PROPOSAL INFORMATION

APPLICANT AND PROPERTY INFORMATION

Street Address

1088 Burrard Street

Legal Description

Lots 1-413, Block 80, DL 541, LMS 1689

Applicant

Calmont Investments Ltd.

Architect

NA

Property Owner

Calmont Investments Ltd.

Developer

NA

SITE STATISTICS

GROSS

DEDICATIONS

NET

SITE AREA

11, 073 m²

--

11, 073 m²

DEVELOPMENT STATISTICS

DEVELOPMENT PERMITTED UNDER EXISTING ZONING

PROPOSED DEVELOPMENT

ZONING

CD-1

CD-1 (amended)

USES

Cultural and Recreational Uses,
Dwelling Uses
Institutional Uses
Office Uses
Parking Uses
Retail Uses, but not including Gasoline Station - Full Service, Gasoline Station -Split-Island, and Vehicle Dealer,
Service Uses, limited to Animal Clinic, Barber Shop or Beauty Salon, Bed and Breakfast Accommodation, Catering Establishment, Hotel, Laundromat, or Dry Cleaning Establishment, Photo-finishing or Photography Studio, Repair Shop - Class B, Restaurant, School - Arts or Self-improvement, School-Business, School - Vocational or Trade, and
Accessory Uses customarily ancillary to the above uses.

Cultural and Recreational Uses,
Dwelling Uses
Institutional Uses
Office Uses
Parking Uses
Retail Uses, but not including Gasoline Station - Full Service, Gasoline Station -Split-Island, and Vehicle Dealer,
Service Uses, limited to Animal Clinic, Barber Shop or Beauty Salon, Bed and Breakfast Accommodation, Catering Establishment, Hotel, Laundromat, or Dry Cleaning Establishment, Motor Vehicle Wash, limited to the underground parking area,, Photo-finishing or Photography Studio, Repair Shop - Class B, Restaurant, School - Arts or Self-improvement, School-Business, School -Vocational or Trade, and
Accessory Uses customarily ancillary to the above uses.

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	Date: May 1, 2001
	Author/Local: DNaundorf/7484
	RTS No. 01874
	CC File No. 5303
	Council: May 15, 2001

Street Address	1088 Burrard Street
Legal Description	Lots 1-413, Block 80, DL 541, LMS 1689
Applicant	Calmont Investments Ltd.
Architect	NA
Property Owner	Calmont Investments Ltd.
Developer	NA

	GROSS	DEDICATIONS	NET
SITE AREA	11, 073 m²	--	11, 073 m²

	DEVELOPMENT PERMITTED UNDER EXISTING ZONING	PROPOSED DEVELOPMENT
ZONING	CD-1	CD-1 (amended)
USES	Cultural and Recreational Uses, Dwelling Uses Institutional Uses Office Uses Parking Uses Retail Uses, but not including Gasoline Station - Full Service, Gasoline Station -Split-Island, and Vehicle Dealer, Service Uses, limited to Animal Clinic, Barber Shop or Beauty Salon, Bed and Breakfast Accommodation, Catering Establishment, Hotel, Laundromat, or Dry Cleaning Establishment, Photo-finishing or Photography Studio, Repair Shop - Class B, Restaurant, School - Arts or Self-improvement, School-Business, School - Vocational or Trade, and Accessory Uses customarily ancillary to the above uses.	Cultural and Recreational Uses, Dwelling Uses Institutional Uses Office Uses Parking Uses Retail Uses, but not including Gasoline Station - Full Service, Gasoline Station -Split-Island, and Vehicle Dealer, Service Uses, limited to Animal Clinic, Barber Shop or Beauty Salon, Bed and Breakfast Accommodation, Catering Establishment, Hotel, Laundromat, or Dry Cleaning Establishment, Motor Vehicle Wash, limited to the underground parking area,, Photo-finishing or Photography Studio, Repair Shop - Class B, Restaurant, School - Arts or Self-improvement, School-Business, School -Vocational or Trade, and Accessory Uses customarily ancillary to the above uses.