P1 POLICY REPORT BUILDING AND DEVELOPMENT Date: March 14, 1997 Dept. File No. PEM-97003 C.C. File: 5307-1 TO: Vancouver City Council FROM: Director of Land Use and Development SUBJECT: CD-1 Text Amendment: 505-595 West Pender Street (Conference Plaza, 526-528 West Hastings Street) RECOMMENDATION THAT the application by Malcolm Elliot, to amend CD-1 By-law No. 7209 (Lots 1 and 2, Plan LMP 28567, and LMS 2371, all of Block 24, DL 541) to add Service Uses to the list of uses permitted on the site, be referred to a Public Hearing, together with: (i) draft CD-1 amending by-law, generally as contained in Appendix A; and (ii) the recommendation of the Director of Land Use and Development to approve the application. FURTHER THAT the Director of Legal Services be instructed to prepare the necessary by-law for consideration at the Public Hearing. GENERAL MANAGER'S COMMENTS The General Manager of Community Services RECOMMENDS approval of the foregoing. COUNCIL POLICY Central Area Plan, adopted December 3, 1991. PURPOSE AND SUMMARY This report assesses an application to amend the text of CD-1 By-law No. 7209 to add Service Uses to the list of uses permitted on the site. No additional floor space is planned. As these uses are permitted in the surrounding zoning districts and encouraged in grade-level space on adjoining streets, staff recommend that this application be approved. DISCUSSION Existing Development: This large site is being developed with a mix of uses, as follows: 14 770 m2 (159,000 sq. ft.) residential tower, 5 763 m2 (62,000 sq. ft.) office and retail uses, 2 735 m2 (31,600 sq. ft.) retention and interior conversion of the heritage Toronto-Dominion Bank building as a conference centre, and 14 770 m2 (159,000 sq. ft.) hotel. The residential tower and podium of commercial uses, south of the lane, are completed and occupied. The hotel and conference centre north of the lane are still under construction and restoration/ renovation. The rezoning of the site from DD (Downtown District) area B to CD-1 to accommodate this development was approved at Public Hearing in June 1993, increasing the maximum floor space ratio from 7.0 to 7.3 through a heritage bonus. After the former Toronto-Dominion Bank building at 560-580 West Hastings Street obtained a heritage designation under Schedule A of the Heritage By-law, CD-1 By-law No. 7209 was enacted in September 1995. Permitted Uses: The uses permitted in this CD-1 District are limited to: Dwelling Units; Retail; Office; Hotel; Hall; School - University or College; and Accessory Uses. This list is more restrictive than the uses permitted in the adjoining B and C areas of the DD, which include: Office Commercial; Retail Commercial; Other Commercial; Residential; Hotel; Light Industrial; Public and Institutional; Social, Recreational and Cultural; Parks and Open Space; and Parking Area and Parking Garage. The "Other Commercial" Uses include the Service Uses listed and defined in Section 2 of the Zoning and Development By-law. The DD zoning regulations also have a requirement in the surrounding area for "continuous ground floor retail, retail-commercial and service uses" on Hastings, Seymour, Pender and Richards Streets. Only two Service Uses are presently permitted on the site: Hotel and School - University or College. A wider range of Service Uses which might be appropriate, particularly in the grade-level commercial floor space, was not considered in the assessment of the original rezoning application. Proposed Additional Uses: The application proposes that Service Uses be added to the list of uses permitted on the site. Staff support this request given that these uses are permitted in the surrounding district, and given the requirement for continuous ground floor retail and service uses fronting on the streets abutting the site. The category of Service Uses includes 30 separate use terms (see Appendix A). Eight of these uses are service-industrial uses which might be incompatible in a commercial district, but since they are allowed in the surrounding zoning districts in the category "Light Industrial", and since these uses would be conditional approval uses in a CD-1 District, staff recommend that all 30 Service Uses be permitted on this CD-1 site (see Appendix A). Parking: Provision of adequate parking is an issue which frequently arises when changes of use or additional uses are proposed on a site, particularly if the new uses have a higher parking requirement and if there is no surplus parking on the site. The CD-1 By-law for the site requires parking for all non-residential uses, except hotel, to be in accordance with Parking By-law requirements for the DD (Area I). As the Parking By-law does not have different parking requirements for office, retail or service uses, changes of use in existing floor space can be approved without concern for parking provision. CONCLUSION The Director of Land Use and Development recommends that this application be referred to a Public Hearing and approved. * * * * APPENDIX A DRAFT CD-1 BY-LAW AMENDMENT PROVISIONS 505-595 West Pender Street Uses Presently Permitted: Dwelling Units; Retail; Office; Hotel; Hall; School - University or College; and Accessory Uses customarily ancillary to the above uses. Proposed Additional Uses: Service Uses (which include): Animal Clinic, Auction Hall, Barber Shop or Beauty Salon, Bed and Breakfast Accommodation, Body-rub Parlour, Cabaret, Catering Establishment, Drive-through Service, Funeral Home, Hotel, Laboratory, Laundromat or Dry Cleaning Establishment, Laundry or Cleaning Plant, Motor Vehicle Repair Shop, Motor Vehicle Wash, Neighbourhood Public House, Photofinishing or Photography Laboratory, Photofinishing or Photography Studio, Print Shop, Production or Rehearsal Studio, Repair Shop - Class A, Repair Shop - Class B, Restaurant - Class 1, Restaurant - Class 2, Restaurant - Drive-in, School - Arts or Self-Improvement, School - Business, School - Vocational or Grade, Sign-Painting Shop, and Work Shop. APPENDIX B COMMENTS FROM REVIEWING AGENCIES, THE PUBLIC AND THE APPLICANT Engineering Services: The General Manager of Engineering Services advises that Engineering has no objection to the proposed rezoning and no recommended conditions of approval to be addressed prior to CD-1 By-law enactment. Fire Department: The Fire Prevention Engineer advises that there are no Building By-law issues raised by this application. Public Input: An application information sign was installed on the site on March 12, 1997. Staff have not mailed a notification letter to surrounding property owners for the reason that the application requests that the same Service Uses be permitted on this site as are permitted and encouraged in grade level space on abutting streets and surrounding area. However, the applicant was requested to, and has notified by letter all the individual strata lot owners on the site of the proposed rezoning. Environmental Implications: The proposed rezoning will neither detract from nor contribute to the City s objective of reducing atmospheric pollution. Social Implications: The proposed rezoning has no implications with respect to the City s Children s Policy and the Statement of Children s Rights. Applicant s Comments: The applicant has been provided with a copy of this report and agrees with its recommendation. * * * * APPENDIX C APPLICANT, PROPERTY OWNER AND DEVELOPER INFORMATION APPLICANT Malcolm Elliot, Architectura PROPERTY OWNER several DEVELOPER n/a SITE INFORMATION AND STATISTICS STREET ADDRESS 505-595 West Pender Street (also 526-528 West Hastings Street, 550-580 West Hastings Street, 438 & 468 Seymour Street, and 469, 479 & 489 Richards Street) LEGAL DESCRIPTION Lots 1 & 2, Plan LMP 28567,and LMS 2371,all of Block 24, DL 541 DEVELOPMENT STATISTICS USES PERMITTED IN USES PERMITTED IN PROPOSED DD (Area C ) CD-1 BY-LAW ADDITIONAL USES LAND USES Office Commercial; Dwelling Units; Service Uses Retail Commercial; Retail; Other Commercial; Office: Residential; Hotel: Hotel; Hall; Light Industrial; School - University or Public and College; Institutional; Accessory Uses. Social, Recreational and Cultural; Parks and Open Space; Parking Area and Parking Garage.