POLICY REPORT
URBAN STRUCTURE

TO:

Standing Committee on Planning and Environment

FROM:

Directors of Current Planning, the Office of Cultural Affairs, and the Housing Centre in consultation with the Directors of Legal Services, Real Estate Services and Facilities Design & Development

SUBJECT:

Cultural Amenity Bonus, Heritage Density Transfer and CD-1 Rezoning: 488 Robson Street

 

RECOMMENDATION

E. THAT the applicant be advised to make application to amend the Sign By-law, to establish regulations for this CD-1 in accordance with Schedule "B" (DD), and that the application be referred to the same Public Hearing; and

F. THAT, subject to approval of the rezoning at a Public Hearing, the Noise Control By-law be amended to include this CD-1 in Schedule A.

GENERAL MANAGER'S COMMENTS

COUNCIL POLICY

· Downtown District (DD) Official Development Plan (ODP)

· Downtown South Goals and Policies have an intent to ensure one for one replacement of SRO units on an area-wide basis in Downtown South.

· Transfer of Density Policy and Procedure provides opportunities for the transfer of density from one site to another within the Downtown where the transfer will achieve a number of public objectives. To help protect existing Single Room Occupancy (SRO) stock, sites containing an SRO hotel shall be excluded as receiver sites unless arrangements are made to secure or replace units.

· Character Area Descriptions: Existing Character Area `N' - Robson Street, and Character Area `L' - Library Square

PURPOSE

This report deals with two matters:

· a development application (DE407615) is currently being processed for the site at 488 Robson Street for which the Downtown District Official Development Plan and the Transfer of Density Policy and Procedure require Council advice, prior to a decision by the Development Permit Board (scheduled for September 29, 2003), about a cultural amenity bonus (Recommendations A and B) and about arrangements to replace existing SRO units prior to approval of a heritage density transfer to the site (Recommendation C), and

· a rezoning application which seeks an additional 974.7 m² (10,492 sq. ft.) over and above the cultural amenity bonus and heritage density transfer proposed in the development application is recommended for referral to Public Hearing (Recommendation D), with related Sign and Noise By-law amendments (Recommendations E and F).

The development application submitted in May, 2003, and amended July 25th, proposes a 17-storey mixed-use commercial/residential building containing 92 dwelling units above a 4-storey podium (3 storeys plus mezzanine). Development will involve the demolition of a 4-storey, 33-unit SRO hotel that occupies part of the site. A total floor area of 9 336.6 m² (100,496 sq. ft.) is proposed, or a floor space ratio (FSR) of 8.27. An increase in floor area, which exceeds the maximum FSR of 5.0, but which can be approved by the Development Permit Board under the provisions of the Downtown District (DD) Official Development Plan (ODP), is proposed as follows:

· a 3 158.6 m² (34,000 sq. ft.) cultural amenity bonus, in accordance with Section 6.II of the DD ODP, in exchange for a 561.1 m² (6,040 sq. ft.) public cultural amenity to be occupied by ArtStarts in Schools, and

· 487.4 m² (5,246 sq. ft.) of heritage floor area to be transferred to the site for residential use, in accordance with Section 3.12 of the DD ODP (i.e., not exceeding 10 percent of the maximum permitted FSR), subject to securing or replacing SRO units as required by the Transfer of Density Policy.

Prior to consideration of this development application by the Development Permit Board (scheduled for September 29, 2003), staff are seeking Council's direction and approval in principle for a cultural amenity bonus, as recommended by staff in "A" and "B" above.

In "C" above, staff also seek Council approval in principle for the owner's proposal to assist the replacement of the SRO units which would be lost through demolition. The owner proposes to contribute $173,118 to the City's Affordable Housing Fund (AHF). The property owner has assisted the relocation of all tenants according to a plan approved by the Director of the Housing Centre.

A rezoning application has more recently been received to increase the maximum floor area to 10 194.7 m² (109, 738 sq. ft.), which is an additional 974.7 m² (10,492 sq. ft.) over and above the cultural amenity bonus and heritage density transfer proposed in the development application. For this purpose, the property owner has offered to contribute an additional $559,060 to the AHF, representing the total land value generated by the additional density, to be used to provide replacement low-income housing in Downtown South. (Note: Statistics for the rezoning application are provided in Appendix I, including a floor area and floor space ratio summary of both the development and rezoning applications.)

In assessing this rezoning application, staff have benefited from the assessment recently concluded for the development application. The two differ primarily in the matter of additional floor area and building height. The additional floor area would add two storeys to the building and thereby increase the building height from 55.2 m (181 ft.) to 60.7 m (199 ft.), still well below the maximum building height of 91.4 m (300 ft.) in this district.

Staff support the application to rezone the site from DD (Downtown District) to CD-1 (Comprehensive Development District) on the basis that the land value thereby created will be contributed to the AHF, and recommend in "D" above that City Council refer the application to a Public Hearing and that it be approved, subject to conditions. Related recommendations "E" and "F" are also necessary if Council approves "D".

BACKGROUND

Site and Context: The site is located at the southeast corner of Robson and Richards Streets (see Figure 1 on the following page). It is presently occupied by a one-storey commercial building on the 50-foot lot adjacent to Robson Street, a 25-foot parking lot, and a four-storey single room occupancy (SRO) building (Plaza Hotel) on the southerly 25-foot lot adjacent to an existing four-storey concrete office building. The Plaza Hotel has 33 vacant units, twenty of which were occupied when the current development application was submitted.

Figure 1. Site and Surrounding Zoning


Significant adjacent development includes Library Square, the 26-storey Grand Hotel (775 Homer Street), a 27-storey residential tower on a 5-storey commercial podium at 877 Homer Street, a 4-storey office building (CJVB Radio Station) at 814 Richards Street, and potential major development sites on the 500-block Street (Seymour to Richards Street) and 700-block Richards Street. The possibility of a second major downtown city park is being considered a short distance south of this site. This new "north" park immediately north of Smithe Street, with a Richards Street frontage of 68.6 m (225 ft.), would complement the recently opened "south park" at Davie Street.

Previous and Current Development Applications: The present development proposal on the site was preceded by an earlier application in 1997. Background information about this earlier application, and additional information about the current application is provided in Appendix C.

The development application (DE407615) is scheduled for the DPB meeting of September 29, 2003, and is subject to Council's approval in principle of the amenity package which include the proposed on-site cultural amenity (ArtStarts) and a contribution to the Affordable Housing Fund.

DISCUSSION

1. CULTURAL AMENITY

The development application DE407615 seeks a 3 158.6 m² (34,000 sq. ft.) cultural amenity bonus, in accordance with Section 6.II of the DD ODP, in exchange for a 561.1 m² (6,040 sq. ft.) public cultural amenity to be occupied by ArtStarts in Schools.

Cultural Amenity Bonus: Ensuring access to appropriate and affordable facilities is a challenge for the non-profit sector in any major city. It is especially challenging in Vancouver's real estate market. In order to ensure that the non-profit community can afford to remain part of our downtown, the City actively seeks opportunities to acquire spaces through zoning incentive programs where the City, in partnership with private development, creates affordable facilities at no cost to taxpayers.

Since 1975, the City of Vancouver has made use of the Amenity Bonusing Program. The DD ODP encourages developers, subject to acceptable urban design parameters, to increase their on-site density in new construction in exchange for providing a public amenity of a social, recreational or cultural nature. This must be approved by the Development Permit Board and City Council.

Section 6.II of the DD ODP provides Bonuses for a Provision of Social and Recreational Facilities:

The developer builds a fully finished amenity space, to the specification of the City, and prepays twenty years of the space's operating costs in exchange for additional density of equal value on-site. The City secures the amenity through legal agreements including a lease of the amenity space for the life of the building. The City sub-leases the amenity space to a non-profit society for a nominal rent with a condition that the society contribute monthlyto a reserve fund held in trust by the City. The interest from the fund would cover the operating costs at the end of the developer's 20-year prepaid commitment and would ensure the public benefit for the life of the building.

Bonuses are only considered for non-profit organizations which provide significant public benefit and propose public use of the amenity space. The organization must also have a demonstrated track record of public service, have managed a public facility and, in the City's judgement, have the capacity to raise sufficient funds to meet the future obligations of the amenity space.

Bonuses are dependent on securing a site which can accommodate the additional density and a developer willing to pursue the opportunity. Further, bonuses are only considered where the resultant additional density meets the City's urban design and planning guidelines and by-laws. The value of the bonus density is calculated by Real Estate Services staff using a consistent pro forma analysis.

During development application processing, staff analysis supported a bonus density of 3 158.6 m² (34,000 sq. ft.) in accordance with Section 6.II of the DD ODP, in exchange for a 561.1 m² (6,040 sq. ft.) ground-oriented public amenity space for ArtStarts In Schools. Staff note that the costs to build a stand-alone education centre downtown would be in the order of $1.4 million plus land and therefore conclude that the use of the amenity bonus program to realise the proposed ArtStarts in Schools centre provides an affordable mechanism to secure this public amenity. Further details are provided in Appendix D.

Proposed Cultural Amenity Space - ArtStarts In Schools: Founded in 1996, with a professional staff and volunteer board of directors, ArtStarts in Schools is a unique not-for-profit organization offering educators, artists, parents and students a broad range of programs, services and resources to promote arts and creativity among young people. A more comprehensive review of services and programs is detailed in Appendix D.

The proposed amenity facility will support that core function in two ways. First, to provide workshop and training facilities for artists and teachers. This function is currently being done in meeting rooms within the Vancouver School Board offices. Flexible multi-purpose space will provide space appropriate for a broad range of activities - from dance to theatre, to painting - activities generally not compatible with the limited number, type and availability of meeting rooms.

The second use of the proposed amenity facility is to provide a downtown, storefront showcase for the works created by Vancouver's young people. ArtStarts currently hosts an annual exhibition of student artwork created in their artist-in-the-classroom workshop and residency programs. The proposed facility has a Richards Street double height storefront atrium suitable for hanging artwork and banners. In addition, there is a 69.7 m² (750 sq. ft.)exhibition area, expandable to 116.1 m² (1,250 sq. ft.), where the public will be invited to view and celebrate the creativity of young people in a professional gallery environment year-round.
The Office of Cultural Affairs strongly support the work of ArtStarts in Schools. It is a well managed organization with an excellent track record and strong level of community and senior government support. Engaging young people in creative active learning builds personal capacity through self-discipline, perseverance, teamwork and inter-cultural empathy. Arts participation at a young age is also the strongest indicator of future audience participation. The proposed ArtStarts amenity facility will provide the infrastructure to support this important work in the schools and also provide a highly visible downtown space which celebrates the presence and importance of young people in our community.

Option to Lease, Lease and Sub-lease Agreements: Subject to Council's approval, the City will secure its interest in the amenity space through a lease for the life of the building which will be sub-leased to ArtStarts in Schools on those terms and conditions as are generally outlined in Appendix E and F of this report, as well as other terms as may be required by, and satisfactory to the Director of Legal Services, in consultation with the Directors of the Office of Cultural Affairs, Real Estate Services, and Facilities Design.

2. AFFORDABLE HOUSING

Occupying a 25-foot lot on the south part of the site is a four-storey SRO building (Plaza Hotel) with 33 vacant units, 20 of which were occupied when the current development application was submitted. A relocation consultant funded by the property owner has assisted the tenants according to a plan approved by the Housing Centre.

The property owner has stated that the retention of the existing SRO housing is not economic or practical considering the relatively small size of the site and overall allowable density of the project. Staff agree that redevelopment of this site to the maximum density allowed by the DD ODP (5.0 FSR), even without the additional density bonus for the proposed cultural amenity, would likely result in the demolition of the existing housing.

When the Downtown South Plan was developed in the early 1990s and the area rezoned, it was anticipated that SROs in the area, particularly along Granville Street, would be lost. Council adopted a policy of 1:1 replacement on an area-wide basis to be realized through a variety of means including constructing new social housing units, purchasing SRO hotels, partnerships with the private sector, etc. The AHF has been used to both assist with the construction of new social housing and to purchase SROs so that the area retains approximately the same number of singles low-income housing units now as in 1991. The cost of purchasing SROs is $20,000 - $30,000/unit. Although the provincial government's social housing program for singles has been eliminated, the City owns two sites inDowntown South and will continue to develop SRO replacement housing as opportunities arise and as part of the strategy to replace SROs on a 1:1 basis.

The property owner has explored with City staff ways of addressing the City's affordable housing objectives. The owner's proposal involves two initiatives:

· a development application (DE407615) which involves purchasing heritage density to achieve an extra floor in the development and to contribute $173,118 to the AHF reflecting the difference between the purchase price for heritage density and the market value for land of buildable floorspace in this area; and

· a rezoning application for a further floor area increase, of 974.7 m² (10,492 sq. ft.), and an offer to contribute an additional $559,060 to the AHF. This figure represents the approximate total value of the increased buildable floor area in this location.

The development application addresses the intent of the Transfer of Density policy, which protects existing SRO stock by excluding sites containing an SRO building as receiver sites "unless arrangements are made to secure or replace existing units". The property owner's contribution to the AHF will be used with other funds that the City can leverage to build more low-income housing in the area. Rezoning to obtain a further density increase provides the best mechanism to meet a number of City Objectives.

These two contributions, $732,178 in total, are in addition to payments for demolition fees and development cost levies. In total the applicant will be contributing $1.08 million to City affordable housing initiatives. This corresponds to almost $33,000 per SRO unit for the 33 units on the site which would be demolished.

3. REZONING

The rezoning application seeks to increase the maximum floor area by an additional 974.7 m² (10,492 sq. ft.) over and above what can be permitted under the provision of the DD ODP, and considering all applicable Council-approved guidelines and policies, including the cultural amenity bonus and heritage density transfer proposed in development application DE407615. In support of this, the property owner has offered to contribute $559,060 to the Affordable Housing Fund (AHF), representing the total land value generated by the additional density, to be used to provide replacement low-income housing in Downtown South.

Land Use: The commercial, residential and cultural land uses proposed in this rezoning application are consistent with the DD ODP. Retail use is required at grade along Robson Street, which the proposal provides. Residential use is encouraged south of Robson Street in the Downtown. The proposed civic amenity space is well located with respect to nearbypedestrian traffic, parking and transit services, and the emerging mixed-use entertainment character of this precinct.

Floor Space Ratio (FSR): The site is located in sub-area `C' of the DD ODP which has a maximum permitted FSR of 5.0. Residential use, excluding bonused floor space, is limited to an FSR of 3.0. Including the cultural amenity bonus and heritage floor area transfer which can be approved under the existing zoning, the residential density proposed in the development application (DE407615) is 6.27 FSR. With a commercial density of 2.0, the overall project density proposed in the development application, and which can be approved by the Development Permit Board, is 8.27 FSR.

This development application also seeks consideration of the DPB to exercise Section 3.2.4 of the Zoning and Development By-law for the purpose of including the development potential that would otherwise have been available from the 7-foot portion of the property along Robson Street which was dedicated to the City in a previous development application. This is supported by staff.

Through rezoning, the maximum floor area which may be permitted on the site would be increased by 974.7 m² (10,492 sq. ft.) in residential floor area, to a total of 10 194.7 m² (109,738 sq. ft.). The total residential density proposed in the rezoning application is 7.14 FSR, for an overall project density of 9.14 FSR. (Note: Statistics for the rezoning application are provided in Appendix I, including a floor area and floor space ratio summary of both the development and rezoning applications.)

Form of Development: The form of development which is proposed on the site, including tower placement and massing, podium, and building entries, has been assessed in development application processing and conforms to existing zoning and guidelines and need not be reviewed here. As a general conclusion, staff found that the proposed development could accommodate additional floor area on this site without compromising urban design and planning objectives.

Height: The building height proposed in the development application is 55.2 m (181 ft.). The additional floor area proposed in the rezoning application would add two storeys to the building, increasing its height by 5.8 m (19 ft.) to 60.7 m (199 ft.), which is well below the maximum building height of 91.4 m (300 ft.) permitted in the district.

Staff were concerned that the proposed tower height might shadow the existing public plaza at the entrance to the Central Library at the northeast corner of Robson and Homer Streets. The Library Square Character Area recommendations contain, in part, the following:

Analysis submitted by the applicant shows that there would be no adverse shadowing impacts on adjacent public sidewalks.

The applicant and staff have also considered late afternoon shadow impacts on the major public open space in the area - the Central Library plaza at the northeast corner of Robson and Homer Streets. Impacts from existing, proposed and potential high-rise buildings were considered. This analysis shows that:

· at the equinox, the tower would not shadow any portion of the Central Library plaza in the late afternoon period; and

· measured one month after the equinox, on April 21st, the tower would have no afternoon shadowing impacts on the Central Library plaza.

Residential Livability: Given the relatively small size of the site, and its location close to other commercial uses, staff were concerned in development application processing about the livability of the proposed development. They have evaluated it against several criteria and concluded that

· the development will provide a good mix of small to medium-sized units appropriate for a range of owners;
· the tower floorplate has been positioned to maximize privacy from potential neighbours;
· residential amenity space, with approximately 74 m² (800 sq. ft.) of indoor space, and approximately 482 m² (5,183 sq. ft.) of landscaped common outdoor space, is very near compliance with the objectives set out in guidelines; and
· as the site is located relatively close to the emerging Granville Street entertainment district, with a number of existing and potential hotel/commercial uses in the immediate area that will create a relatively high noise ambience, all dwelling units are recommended to be provided with ventilation features that do not require the use of opening windows for fresh air.

Neighbourhood Impact: As a result of development application and rezoning application notification, four respondents have objected to the proposed building height, citing loss of views from 889 Homer Street and increased shadowing on Library Square and Robson Street.
Staff consider impacts on mountain views and water from street level, as well as street ends near the waterfront. Staff also consider views of landmark buildings, art works and special landscape features of Downtown. Various vantage points within the city to view majorpedestrian activity are also considered when evaluating views. Given the position of this site in the overall city context, at the intersection of Robson and Richards Streets, the proposed height does not affect any of these considerations for pedestrians.

The shadow analysis submitted with the application confirms that the proposal does not present any shadowing impacts upon the Library Square Public Plaza, located at the northeast corner of Homer and Robson Streets, for the Spring (March 21st) and Fall (September 21st) equinoxes between the hours of 10 a.m. and 4 p.m.

Staff have also considered the proposal in terms of the number of towers per block and attention to their spacing to provide a feeling of light and air and also the perception of spaciousness from middle and distant views outward from units. Staff concluded that view impacts on residential neighbours will be modest, noting that the proposed building height is two-thirds the maximum permitted in this district.

COMMUNITY AMENITY CONTRIBUTION

A Community Amenity Contribution (CAC) is anticipated for any rezoning in the DD which seeks a net increase in total floor area above the maximum permitted by the DD ODP. In this application, the owner proposes to contribute to the Affordable Housing Fund an amount approximately equal to the land value in this location of the density increase of 974.7 m² (10,492 sq. ft.) in residential floor area.

The value of this contribution is estimated at $559,060. This is in addition to the contribution of $173,118, representing the difference between the purchase price for heritage density and the market value for land of the buildable floorspace in this area. Staff support this and recommend that delivery of this contribution be a condition of rezoning approval (see Appendix B(c)(i)).

These two contributions are in addition to payments for demolition fees and development cost levies. In total the applicant will be contributing $1.08 million to City affordable housing efforts. This corresponds to almost $33,000 per SRO unit for the 33 units on the site which would be demolished.

CONCLUSION

Staff support the DE amenity package as outlined in this report including the proposed on-site cultural amenity (ArtStarts) and the contribution to the Affordable Housing Fund of the net value of the a heritage density transfer. Approval of staff recommendations A, B and C would facilitate Development Permit Board approval of the development application (DE407615).

Staff also support the rezoning application subject to the conditions set out in Appendix B, and for this purpose make the recommendations D, E and F. Staff believe that the additional 974.7 m² (10,492 sq. ft.) in residential floor area can be effectively integrated into the overall form of development which is appropriate for the existing, and emerging, character of this downtown area. Staff also note that there are no serious urban design implications, such as shadowing impact or livability for this and adjacent development. View and shadow impacts on residential neighbours will be modest, noting that the proposed building height is two-thirds the maximum permitted in this district.

 

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APPENDIX A

488 ROBSON STREET
DRAFT CD-1 BY-LAW PROVISIONS

A CD-1 by-law will be prepared for the site which, for the uses contemplated in development application DE407615, will repeat the provisions of the Downtown District Official Development Plan, including sections 3.12 and 6-II, and will further increase the density of the site by an additional 974.7 m² of residential floor area which additional floor area can only be built as a minor amendment to development application DE 407615 and the development permit therefrom.

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APPENDIX B

488 ROBSON STREET
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 Hancock Brückner Eng + Wright Architects, and stamped "Received Planning Department, August 7, 2003", provided that the Director of Planning or the Development Permit Board, as the case may be, 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, or Development Permit Board.

(c) THAT, prior to enactment of the CD-1 By-law, the registered owner shall, at no cost to the City make arrangements for the contribution of $ 559,060 to the Affordable Housing Fund for use in replacing or securing SROs in Downtown South, to the satisfaction of the Director of the Housing Centre, on terms and conditions satisfactory to the Director of Legal Services.

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APPENDIX C

ADDITIONAL BACKGROUND INFORMATION

Previous Development Application: On December 15, 1997, the Development Permit Board (DPB) approved a preliminary development application (DE402595) for this site. In early meetings with City staff dating back to April 1997, the applicant brought forward proposals to dedicate cultural amenity space in return for a density bonus. Staff noted concern over the potential loss of the 30 + SRO units on the site, and advised that the DD ODP also enabled density bonus incentives to retain or replace these housing units on site. At the time, the applicant felt that it would be uneconomic to consider retaining the existing SRO building because of the small size of the site, elevator core and underground parking/loading requirements.

On April 20, 1998, the DPB approved a complete application which provided for an 18 storey mixed-use commercial/residential building containing 84 dwelling units and a 3,121 sq. ft. cultural amenity in the form of a music library and resource centre. The density bonus in exchange for the cultural amenity contribution for that proposal was 2.33 FSR (27,975 sq. ft.) of residential space. In addition, the City secured a 7-foot dedication from Lot 1 adjacent to Robson Street as part of the approval. Ultimately, the applicant failed to address all of the prior-to conditions of the development approval and it therefore expired. The Engineering requirement for a 7-foot dedication from Lot 1 adjacent to Robson Street was executed thereby reducing the site size.

Current Development Application: Early in 2003, the applicant, representing essentially the same ownership interests as in the previous application initiated new discussions with staff on the development of this site. A development application (DE407615) was submitted on May 15, 2003 for a 16 storey mixed-use building with a proposed cultural amenity space and related FSR bonus, this time for Artstarts in Schools. The music library and resource centre previously proposed were subsequently located in a cultural amenity bonus at 837 Davie Street.

This application was amended on July 25, 2003 to include an additional tower floor, for 17 storeys total, through a Heritage Density Transfer and a contribution towards replacement of the existing SRO units. As amended, the building would contain 92 dwelling units with a 4-storey (3 + mezzanine) podium for retail, office and cultural uses, with an increase in the total floor space ratio (FSR)from 5.0 to 8.27 as follows:

· an increase of 2.83 FSR (34,000 sq. ft.) for residential use in exchange for a 6,040 sq. ft. public amenity space (ArtStarts In Schools) in accordance with Section 6 (II) of the DD ODP, and
· an increase of 0.44 FSR (5,246 sq. ft.) for residential use through a transfer of heritage density in accordance with Section 3.12 of the DD ODP. This is subject to the applicant securing or replacing SRO units, and in the present case theproperty owner proposes to contribute $173,118 to the City's Affordable Housing Fund, representing the residual land value of the imported heritage density after payment for its purchase from a suitable donor site.

This development application also seeks consideration of the DPB to exercise Section 3.2.4 of the Zoning and Development By-law for the purpose of including the development potential that would otherwise have been available from the 7-foot portion of the property along Robson Street which was dedicated to the City. This is supported by staff.

The current development application differs in two significant ways from the previous one approved in 1998:

· it proposes a larger cultural amenity area to accommodate a different programme for ArtStarts a not-for-profit arts education organization, the operations of which are described in greater detail in the Cultural Affairs section of this report. The larger programme generated by ArtStarts, including increased circulation requirements, necessitates a larger bonus than that previously approved by the DPB.

· in response to staff's ongoing concern about the loss of SRO housing in Downtown South, the applicant has proposed a contribution to the Affordable Housing Fund (AHF) of $173,118 and an increase in density through a transfer of heritage density which requires that SRO units be secured or replaced.

The development application (DE407615) is scheduled for the DPB meeting of September 29, 2003, subject to Council's approval in principle of the amenity package including the proposed on-site cultural amenity (ArtStarts) and contribution to the Affordable Housing Fund of the net value of the heritage density transfer.

In discussion with the owner, staff concluded that a further density increase, through rezoning, would provide the best mechanism to achieve the value of full one-for-one replacement of the lost SRO units. The owner therefore submitted a rezoning application to obtain a further floor area increase, of 974.7 m² (10,492 sq. ft.), and to contribute $559,060 to the AHF representing the approximate total value of the increased buildable floor area in this location.

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APPENDIX D

ARTSTARTS IN SCHOOLS
CULTURAL AMENITY BONUS

1. ArtStarts in Schools Services and Program

Founded in 1996 with a professional staff and volunteer board of directors, ArtStarts in Schools is a unique not-for-profit organization offering educators, artists, parents and students a broad range of programs, services and resources to promote arts and creativity among young people.

ArtStarts in Schools plays a vital role in Vancouver's cultural and educational communities as a catalyst that combines artistic flair with educational discipline to produce new creativity and knowledge among young people. ArtStarts provides an array of programs which engage young people, artists, educators, programmers, parents and community organizations. Reaching over 500,000 young people across British Columbia, from kindergarten to graduation, in public and private schools, in rural and urban communities -ArtStarts provides the resources necessary to successfully work with young people.

ArtStarts brings artistic excellence into the school systems. The proposed amenity facility will support that core function in two ways. First, to provide workshop and training facilities for artists and teachers. This function is currently being done in meeting rooms within the Vancouver School Board offices. Flexible multi-purpose space will provide space appropriate for a broad range of activities - from dance to theatre, to painting -activities generally not compatible with the limited number, type and availability of meeting rooms.

The ArtStarts approach is to bring professional artists and teachers together to develop a range of programs. Some programs help prepare artists for traditional artist-in-residency programs by providing professional development workshops to improve teaching skills necessary to work in an educational environment.

ArtStarts also provides collaborative training opportunities for generalist teachers, specialist teachers and professional artists to work together to integrate the arts in to many different subject areas. An example of this type of ArtStarts program is Catalyst For Change. Started in 1999 in a handful of schools Catalyst For Change is an innovative program that brings artists into classrooms to create collaborative art exploring a variety of contemporary issues. For the past four years, the program has focussed on human rights and social justice. Working together, artists, teachers, and students explored anti-racism, media literacy, gender equality, and identity through the creation of works of art. The program is expanding to incorporate such themes as literacy and the environment.

Curriculum connections across many subject areas evolve easily as research, reflection, debate, and experimentation play a central role in students' understanding of social issues and personal expression. Artists and teachers need the time and space to create these projects which are then realized in the schools. The proposed amenity facility would be the incubator training ground for teachers and artists to prepare to bring their work into the classrooms and out into the community.

The second use of the proposed amenity facility is to provide a downtown, storefront showcase for the works created by Vancouver's young people. ArtStarts currently hosts an annual exhibition of student artwork created in their artist-in-the-classroom workshop and residency programs. Showcasing artwork made out of materials as diverse as video, kombucha fungus and fibreglass, these exhibitions offers a look at the success of partnerships that bring artists, students and teachers together. As the art itself makes evident, bringing working artists into the classroom can integrate the arts across the curriculum, investigating the many faces of creative expression.

The proposed facility has a Richards Street double height storefront atrium suitable for hanging artwork and banners. In addition, there is a 750 sq.ft. exhibition area, (expandable to 1,250 sq.ft.), where the public will be invited to view and celebrate the creativity of young people in a professional gallery environment year-round.

Office of Cultural Affairs strongly support the work of ArtStarts in Schools. It is a well managed organization with an excellent track record and strong level of community and senior government support. Engaging young people in creative active learning builds personal capacity through self-discipline, perseverance, teamwork and inter-cultural empathy. Arts participation at a young age is also the strongest indicator of future audience participation. The proposed ArtStarts amenity facility will provides the infrastructure to support this important work in the schools and also provide a highly visible downtown space which celebrates the presence and importance of young people in our community.

2. Cultural Amenity Bonus

Real Estate Services staff have reviewed the proposed amenity bonus and their analysis supports a bonus density of 3 158.6 m² (34,000 sq. ft.) in accordance with Section 6.II of the DD ODP, in exchange for a 561.1 m² (6,040 sq. ft.) ground-oriented public amenity space on Richards Street for the life of the building to be fully finished and fit-up generally as detailed in the ArtStarts for Schools Building Program dated March 20, 2001.

The program includes the following:

All of the foregoing are to be provided to the satisfaction of the Directors of Legal Services, Office of Cultural Affairs, Real Estate Services and Facilities Development.

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APPENDIX E

488 Robson Street (DE 407615)
TERMS OF OPTION TO LEASE AND LEASE TO CITY

Term
Until demolition of the development.

Area
An approximately 6,000 sq.ft. amenity space on Richards Street located on common property, plus access at no charge to 5 designated parking stalls, including one disability parking stall in the underground parking area of the building and non-exclusive use of one loading bay at grade.

Use
No restrictions on use.

Subletting, assignment, or mortgaging
City reserves the right to sublet, assign, mortgage or grant licenses of the premises.

Rent
Nominal rent of $1 per annum.

Taxes, if any
Payable by the City.

Utilities and common expenses
Payable by the Owner as a lump sum equal to twenty years of prepaid operating expenses incurred in connection with the management, maintenance, operation and provision of the building's common areas, facilities and services as well as any costs related to the heat, light and electrical power usage for the amenity space, as calculated by the City's Director of Real Estate, independently secured and payable on delivery of the lease.

Finishing and Fixturing
The Owner to construct and finish the 6,000 sq.ft. amenity space to the satisfaction of the City's Directors of Facilities Design & Development and Social Planning, at an average quality as detailed in the society Building Program dated March 20, 2001.

Termination
Upon demolition or destruction of the building.
All other terms and conditions required by the Director of Legal Services.

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APPENDIX F

488 Robson Street (DE 407615)
TERMS OF SUBLEASE TO ARTSTARTS IN SCHOOLS

Term
Twenty years

Rent
Nominal rent of $1 per annum

Taxes, if any
Payable by the subtenant

Utilities and common expenses
All costs assumed by City are passed on to the subtenant.

Future operating expenses
Subtenant to undertake a fund raising drive commencing in the first month of occupancy and contributing monthly to a reserve fund held in trust by the City, the proceeds of which will be sufficient to pay the utilities and common expenses at the end of the first twenty year term.

Third party use
No right to assign, sublet, grant mortgages or licences.
Requirement to make the meeting room available at rates to be approved by the City to Vancouver non-profit organizations for public events and activities.

Covenants of the subtenant re: operation
To operate a non-profit education resource centre for the benefit of the citizens of Vancouver which is open to the public, to the satisfaction of the City.
All other terms and conditions required by the Director of Legal Services.

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APPENDIX G

COMMENTS FROM THE PUBLIC,
REVIEWING AGENCIES AND THE APPLICANT

Notification: Rezoning information signs were erected on the site on August 29, 2003. Planning Department staff sent a notification letter on August 13, 2003 to 1686 nearby property owners. The notification area was bounded by Hamilton Street on the east, Nelson Street on the south, Granville Street to the west, and Dunsmuir Street to the north.

Response to Notification: To date, only one comment has been received regarding the rezoning application, objecting to the proposed building height. Four responses were previously received regarding the development application, all from residents of 889 Homer Street, one being the same resident who commented on the rezoning application.

All four respondents have objected to the proposed building height, citing loss of views from 889 Homer Street and increased shadowing on Library Square and Robson Street. Two citizens questioned the merit of the cultural density bonus and the corresponding increase in building height. They suggested that the area is oversubscribed with respect to cultural amenities, and that the 34,000 sq.ft. bonus was excessive given impacts on building height and massing.

The respondents also noted that the lane is heavily used and urged the Board to consider the demands presented by the current application in tandem with all of the other users (adjacent Government of Canada building and other residential and commercial establishments).

With respect to overview, one respondent asked that aesthetically pleasing roof areas be required as a condition of development approval. This is proposed to be done

Response to Concerns Raised During Notification:

Height - At 60.7 m (199 ft.) the height of the proposed building is well below the 91.4 m (300 ft.) permitted by the existing zoning. Staff consider impacts on nearby views and shadowing when evaluating height, and these are summarized below. Staff confirm that there are no significant adverse effects on views and shadowing.

Views - Staff consider impacts on mountain views and water from street level, as well as street ends near the waterfront. Staff also consider views of landmark buildings, art works and special landscape features of Downtown. Various vantage points within the city to view major pedestrian activity are also considered when evaluating views. Given the position of this site in the overall city context, at the intersection of Robson and Richards Streets, the proposed height does not affect any of these considerations for pedestrians. There will be some impacts for nearby residential, and hotel, towers but this is not a criteria for considering height under the design guidelines applicable for this site.

Shadowing - Prior to development permit application submission the applicant is required to conduct a detailed shadow analysis to confirm if the proposal imposes any adverse effects for public, or semi-public, open spaces. After review of the shadow analysis, staff confirm that the proposal does not present any shadowing impacts upon the Library Square Public Plaza, located at the northeast corner of Homer and Robson Streets, for the Spring (March 21st) and Fall (September 21st) equinoxes between the hours of 10 a.m. and 4 p.m. Staff anticipate some shadowing impacts on sidewalks directly north of the site under the provisions of the zoning.

Size of Cultural Amenity - A pro forma analysis reviewed by the City's Real Estate Services department supports the 34,000 sq.ft. residential density bonus sought in this application. This methodology used is consistent with other bonus amenities approved to date. The Downtown Official Development Plan supports cultural and entertainment uses and encourages the provision of same through the amenity bonusing program. Nearby cultural facilities include the Vancouver Public Library and The Centre for the Performing Arts. The proposed amenity, ArtStarts in Schools, provides a much-needed resource centre for educators and youth. The 6,040 sq.ft. facility will bring significant cultural benefits for the community, and staff believe that this use will have a minimal neighbourhood impact on local traffic and parking.

Intensity of Lane Use - Loading and underground parking access is required from the lane to minimize vehicular crossings over sidewalks. Staff note that the Robson Street Frontage requires continuous retail uses. Loading and underground parking access have been located as far away from the Robson Street frontage as possible to minimise impacts for pedestrians. Staff also note that the future construction of the north downtown park, located south of this development, will reduce development opportunities for the block and reduce lane activity.

General Manager of Engineering Services: The General Manager of Engineering Services has no objections to the proposed rezoning provided that charges on title are clarified and an existing agreement discharged (see Appendix B) prior to By-law enactment. A number of Engineering requirements have been recommended as conditions of development permit approval.

Urban Design Panel: On June 25, 2003, the Panel reviewed the development application for the proposed 16-storey building on this site per the plans submitted May 15, 2003. The Panel supported the design and also the concept of additional height. The Panel's comments are in the following minutes:

Introduction: Scot Hein, Development Planner, presented this application to develop the site at the corner of Robson and Richards Streets in the DowntownDistrict. The immediate context includes the Grand Hotel and Library Square as well as future major development sites in the 500 block Robson and 700 block Richards. A second new downtown park is proposed for the south end of the block, having a 275 ft. frontage on Richards Street. This proposal seeks 5.00 FSR and a cultural bonus of 2.83 FSR for a total of 7.83 FSR. The proposed amenity is for ArtStarts, which offers educators, artists, parents and students a broad range of programs, services and resources to promote arts and creativity among young people. A previous approved application for this site, which also included a cultural amenity for a music library and resource centre, did not proceed. The proposed ArtStarts is supported by the City's Cultural Affairs Department and the density bonus has been endorsed by the Real Estate Department.

The Panel's comments were sought on the following:

Applicant's Opening Comments: Martin Brückner, Architect, briefly described the design rationale and the applicant team responded to questions from the Panel.

Panel's Comments: The Panel unanimously supported this application.

The 34,000 sq.ft. bonus density was strongly supported for the ArtStarts program and the additional floor area was considered to have been appropriately incorporated into the massing.

The residential entry off Robson Street was fully supported. This is a transitional block of Robson Street which does not have the same necessity for retail continuity as Robson west of Burrard. As well, the entry consumes only a small portion of the streetscape.

The Panel also supported the ArtStarts entry off Richards Street, with two members preferring to see it closer to Robson. There was considerable commentary, however, about the treatment of the ArtStarts entry which was found to be somewhat lacking at this point. In general, it was thought that much more could be done in terms of the potential for display and possibly extending the treatment onto the surfaces of the building at the entry, or on the lane which is currently a rather weak elevation. Several Panel members thought the entry treatment could be bolder and more playful noting the building as a whole is rather conservative. There was also a concernexpressed with respect to the canopy at the entrance which seems flimsy and out of place.

The Panel supported the location of the tower. One member would have preferred it to be even closer to Robson. There was a concern expressed that the tower should acknowledge the development potential of the site to the south rather than leaving it for that development to respond. Several Panel members found the tower a bit stubby and would have preferred to see it higher.

The Panel had concerns about the way the tower meets the podium base which it found rather dark and heavy and possibly a little out of context. There is currently little interaction between the tower and the base. A suggestion was made that the third floor might be an opportunity to better integrate the base and the tower. Another concern expressed by several Panel members was the repetitive and generic way the elevations have been treated rather than responding to each orientation.

A concern was expressed about the potential future habitability issues of the south facing units, with a suggestion that it might be worth exploring the opportunity of having more corner glazing on the single unit at the rear (Suite A) where there are currently concrete fins indicated. Another suggestion about the floor plan was to reconsider using the window frontage for washrooms and circulation.

Applicant's Response: Mr. Brückner expressed appreciation for the comments which he said they will work with as the project proceeds."

Applicant Comments: The applicant and agent for the property owner provide the following comment on this report:

"We have reviewed the report and agree with its recommendations."

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LINK TO APPENDIX H (pdf)

LINK TO APPENDIX I (pdf)

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