POLICY REPORT DEVELOPMENT AND BUILDING Date: May 30, 1997 Dept. File No. 96049-LC CC File: 5303-1 TO: Vancouver City Council FROM: Director of Central Area Planning, on behalf of Land Use and Development SUBJECT: CD-1 Text Amendment: 550 Burrard Street (Bentall V) RECOMMENDATION THAT the application by Musson Cattell Mackey Partnership to amend CD-1 By-law No. 6884 for 550 Burrard Street (Lots C, D and E, Blk 30, DL 541, Pl. LMP7821) to add hotel and other uses, increase the floor space ratio (FSR), increase the height and reduce the parking requirement, be referred to a Public Hearing, together with: i) plans received December 18, 1996; ii) draft CD-1 By-law amendments, generally as contained in Appendix A; and iii) the recommendation of the Director of Central Area Planning on behalf of Land Use and Development to approve, subject to conditions contained in Appendix B. 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 Relevant Council policies for this site include: CD-1 By-law No. 6884 which was enacted on September 24, 1991. Central Area Plan, adopted December 3, 1991, which supports the retention of the hotel bonus in the CBD and encourages the creation or enhancement of pedestrian interest and comfort on non-retail streets. PURPOSE AND SUMMARY This report assesses an application to amend CD-1 By-law No. 6884, which applies to the site at 550 Burrard Street, to add hotel use and to expand the list of other permitted uses to include those permitted in the adjacent Downtown District (DD). The application also requests amendments to allow an increase in the FSR in accordance with the 15% hotel density bonus permitted in the DD, to increase the height of the proposed tower from 134.7 m (442 ft.) to 137.2 m (450 ft.), and to reduce the parking requirement from a minimum of 932 spaces to 739 spaces. Staff support the uses, height and density proposed in this application. The hotel use would provide more activity to this area of the downtown and is consistent with the policy to encourage hotels in the CBD. The height is consistent with the maximum height that could be approved in the adjacent area of the DD to the west. Also, it does not intrude into any adopted view corridor. Furthermore, the increased height and density can be accommodated in a building which is similar in scale to the one previously approved. Staff do not support the proposed parking reduction which would be inconsistent with the parking requirements elsewhere in the Downtown District, however a compromise is proposed by staff. Staff recommend that the application be referred to a Public Hearing, with a recommendation that it be approved subject to conditions. DISCUSSION Use: The CD-1 By-law currently specifies office use and limited retail, service, cultural and recreational, institutional, and parking uses, all of which were considered as suitable for a site which would include an office tower, public parking, and the YWCA. The application proposes to expand the permitted uses to broader use categories which would include hotel use, to allow the same range of uses as permitted in the adjacent Downtown District. The amendment would allow the owners of the site to proceed with Tower V of the Bentall Centre as a mixed-use development containing office space on the upper floors and a major hotel in the lower levels. Staff support the addition of these uses, as a mixed-use development would add to the diversity of the downtown core as well as providing a more dynamic project. The proposed hotel use is also consistent with the Central Area Plan which encourages hotel uses in the Central Business District (CBD). Density: The maximum density under the existing CD-1 zoning is 9.47 FSR, of which 2.47 FSR is the result of a density transfer from 901 Hastings Street (Hornby street-end park) (see Appendix C). The requested hotel density bonus would permit a 15% increase in density in the portion of the building used for guest accommodation and ancillary space. Staff consider this density acceptable as it is consistent with the density bonus available in the adjacent CBD to encourage hotel use. The lower floor-to-floor height requirements of hotel use allow the additional density to be accommodated within a tower that would be similar in scale to the previously approved form of development but with an additional five floors. This density bonus would not be available should Bentall decide not to include a hotel component. Parking: The CD-1 By-law requires that parking be provided in accordance with the Parking By-law, with an additional 400 spaces provided for transient (public) parking. A total of 962 parking spaces would be required for an office development, including parking for the YWCA and the transient parking. According to the CD-1's current parking requirements a total of 932 spaces would be required for a mixed office/hotel development should the hotel use be approved. The rezoning application originally proposed a total of 684 spaces based on the rationale that fewer parking spaces are required because the spaces can be shared between the different uses in the building. Hotel guests and visitors could use parking spaces at night that are used by the office workers during the day. The application also proposed that some of the parking required for the hotel's guests could be accommodated by the transient parking spaces. After reviewing the parking requirements for the site which is located in an area of the downtown which staff have identified as being parking deficient, Engineering staff concluded that a minimum of 801 parking spaces would be required to meet the parking demands of the uses (351 spaces for hotel/office uses, 50 spaces for YWCA and 400 spaces for transient parking). This figure also takes into account the time-varying demand of the hotel/office uses. After discussions with Engineering staff, the applicant has increased the proposed parking only to 739 spaces (289 spaces for hotel/office uses, 50 spaces for YWCA and 400 spaces for transient parking). As a compromise, staff suggest that 15% of the parking requirement for the hotel/office and YWCA uses (approximately 60 spaces) could be waived if the applicant agrees to provide payment-in-lieu and demonstrates that as much parking as physically and economically reasonable has been planned for and provided on the site. The applicant is requesting that the final decision on the parking requirement be made by Council at a Public Hearing (see Appendix D: Applicant's Comments). CONCLUSION Staff support the proposed amendments to the existing CD-1 By-law to expand the uses, increase the height and allow a density bonus for hotel use. Staff do not support the proposed parking reduction in an area of the downtown which is considered parking deficient, however a compromise is proposed by staff. Staff recommend that the application be referred to a Public Hearing with a recommendation from the Director of Central Area Planning on behalf of Land Use and Development that it be approved, subject to draft CD-1 By-law provisions generally as shown in Appendix A, and to proposed conditions of approval as listed in Appendix B. * * * * * APPENDIX A DRAFT CD-1 BY-LAW AMENDMENTS 1. Amend Section 2, of CD-1 By-law No. 6884, by deleting clauses (a) to (w) and replacing with the following: (a) Cultural and Recreational Uses, (b) Institutional Uses, (c) Office Uses, (d) Parking Uses, (e) Retail Uses, (f) Service Uses, and (g) Accessory Uses customarily ancillary to the above uses. 2. Amend Section 3, Floor Area, by numbering the first paragraph as 3.1 and adding the following new section 3.2 after clause 3.1 (b): "3.2 The Director of Planning may permit an increase in the floor area for hotel use, provided that the increase in no case exceeds a maximum of 15% of the floor area of that portion of the building having floor-to-floor dimensions of less than 3.1 m (10 ft.) and used for guest accommodation and ancillary corridors, service and access areas." 3. Amend Section 4, Height, by replacing the figures "134.72 m (442 ft.)" with "137.2 m (450 ft.)". 4. Amend Section 5, Off-Street Parking, by deleting the title and first paragraph and replacing with the following: "Off-Street Parking and Loading Parking, loading and bicycle spaces must be provided, developed and maintained in accordance with the applicable provisions of the Parking By-law, except that: (a) a minimum of 400 spaces must be provided for public parking purposes, (b) a minimum of 50 accessory parking spaces must be provided for the YWCA, (c) a minimum of 351 accessory parking spaces must be provided, for a mixed-use development including both hotel and office uses, and (d) in all other cases, the number of parking spaces will be in accordance with Area I of the Downtown District provisions of the Parking By-law." 5. Delete Section 6, Off-Street Loading. 6. Add Acoustical Provisions as per the RM-4N District Schedule. APPENDIX B PROPOSED CONDITIONS OF APPROVAL (a) That the proposed form of development be approved by Council in principle, generally as prepared by Musson Cattell Mackey Partnership, and stamped "Received City Planning Department, December 18, 1996", 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: (i) design development to the tower base to contribute to animation of the Burrard sidewalk and to integrate the base with the entrance to the office tower; Note to Applicant: Consideration should be given to lowering ground floor in relation to sidewalk elevations. (ii) design development to provide a minimum setback of 0.75 m (2.5 ft.) to the ground floor of the building from the southerly property boundary (Dunsmuir Street); (iii) design development to Dunsmuir Street ground floor to provide pedestrian interest along the full frontage. Note to Applicant: Proposed baggage storage should be relocated and exit stairs reconfigured. (iv) design development at the Dunsmuir/Burrard Streets corner to provide greater visibility from the street of lobby activities; (v) design development to improve the podium roof to provide an attractive outlook from surrounding buildings; (vi) delete taxi spaces from the lane right-of-way; (vii) design development to the Burrard Street vehicular entry to accommodate right turns off Burrard Street onto the site; (viii) design development to the autocourt kiosk area to reduce its impact on pedestrians, giving careful consideration to details such as light level, landscaping, ceiling design and the interface with the sidewalk on Burrard Street; (ix) design development to improve visibility to the pedestrian arcade and autocourt area; Note to Applicant: This can be achieved by extensive glazing in the office tower lobby and retail and by providing openings in the blank wall at the parking entrance. (x) design development to ensure that bicycle parking, showers and changing facilities conform to the requirements of the Parking By-law and the Building By-law; (xi) design development to reduce opportunities for theft in the underground; Note to Applicant: Theft from auto and bicycle theft are the most prevalent crime in the downtown. Open exit stairs have shown to provide easy access to underground parking areas as well as creating nuisance opportunities. These exit stairs should be relocated within the building envelope, with only the door exposed. (xii) design development to delete the exit alcove on Dunsmuir Street; and Note to Applicant: This can be achieved by relocating exit doors away from the property line. (xiii) suitable arrangements made to the satisfaction of the General Manager of Engineering Services and the Director of Finance, to provide payment-in-lieu for up to 15% of the required accessory parking (401 spaces) if it can be demonstrated that as much parking as is physically and economically reasonable has been planned for and will be provided. (c) That, prior to enactment of the amending By-law and at no cost to the City, the registered owner shall: (i) make suitable arrangements to the satisfaction of the General Manager of Engineering Services, for the relocation of the ALRT ventilation shaft onto the site. Note to Applicant: This will require negotiations between the applicant, City, and B.C. Transit to determine an acceptable location and design. APPENDIX C ADDITIONAL INFORMATION Site: The site includes three legal parcels with a total area of 5 971.7 m2 (64,225 sq. ft.) located between Burrard Street and Hornby Street. The Hornby Street portion of the site is developed with the new YWCA building. The site also includes 638 underground parking stalls (under the new YWCA and Lot C), of which 400 are transient (public) spaces operated by the Downtown Parking Corporation (DPC), and a temporary surface parking facility (located on Lot C) facing Burrard Street. The original YWCA building is still standing, although it is vacant Surrounding Area: The area around the site is zoned Downtown District (DD) and is regulated by the Downtown Official Development Plan (DODP). Immediately adjacent to the site and forming the remainder of the south end of the block are four lots which include the site for a proposed small hotel "Le Soleil" currently occupied by a 2-storey commercial building and the Marc building. South of the site across Dunsmuir Street is the Park Place office tower, to the north is the Manulife building, to the east is a parkade and office buildings, and to the west are the Bentall I, II and III towers. Background: The site was rezoned from DD to CD-1 in 1991 in a complex rezoning which included: transfer of density from a site at the north foot of Hornby Street (now redeveloped as an urban park with an underground parkade); replacement of public parking from a DPC parkade which faced Hornby Street; a new YWCA building facing Hornby Street (now constructed); and a 34-storey office tower facing Burrard Street with a pavilion (Palm Court) on the corner of Burrard Street and Dunsmuir Street. The office tower and pavilion were never constructed due to changes in the market conditions and a decreased demand for office space. Proposed Development: The application proposes a mixed-use development in a 35-storey tower with a 4-storey podium. The top 17 floors of the tower would be occupied by offices, the lower 18 floors would contain a 498-room hotel and the podium would accommodate the lobby for the office component and hotel facilities including the lobby, reception area, restaurant, lounges, ballroom, meeting rooms and a health club. These functions would provide a lively face to the Dunsmuir Street and Burrard Street corner. Parking Access and Circulation: Access to the existing underground parking is provided from Hornby Street, under the new YWCA building, at the northeast corner of the site. This is also the proposed access to the office/hotel development's parking facilities. The current application also proposes limited access to the site from Burrard Street to provide the hotel with a highly visible entry. Although normally access would be prohibited from either Burrard Street or Dunsmuir Street because of safety, street function or design considerations, staff support limited, right turn "in only" access from Burrard Street to the hotel's autocourt, which is intended to provide the hotel with a distinguishable entrance primarily for the purpose of passenger drop off by buses and taxis and for guests who arrive by car. These vehicles would exit onto Dunsmuir and Hornby Streets via two existing public lanes. Form of Development: The position and configuration of the building core are determined to a large extent by structural elements that were built with the underground parking garage. For this reason the tower remains at 45 degrees to the city grid. The basic massing remains very similar to the previously approved form of development but now benefits from a slightly slimmer tower form, as the floorplates have been reduced from approximately 1 700 m2 to 1 500 m2 (18,300 sq. ft. to 16,200 sq. ft.). The height of the tower has been increased slightly from 134.72 m (442 ft.) to 137.2 m (450 ft.) but is still within the maximum height permitted in the adjacent area of the Downtown District to the west. The proposed height would not impact view corridors and is significantly below the approximately 160 m (525 ft.) limit identified in the Downtown Vancouver Skyline Study. In addition to the slight increase in height of the tower, the podium has more mass at the Dunsmuir/Burrard corner. The base treatment of the tower is also higher than the previous proposal. Staff and the Urban Design Panel support the slightly taller tower and higher base, but agree that further design development is required to integrate the base with the tower/office entrance. In the current proposal, the podium has been brought forward to the Dunsmuir Street property line. Staff propose that the podium be set back 0.75 m at ground floor on Dunsmuir Street to provide a pedestrian right-of-way to accommodate future pedestrian and transit needs. (See Appendix B.) This requirement would be consistent with the previously approved form of development which included a greater setback in the approved development permit plans. The previous proposal included a semi-public enclosed space along the lines of an arboretum, the "Palm Court", located in the podium at the southwest corner (Burrard and Dunsmuir Streets) of the site. In the new proposal, the lobby and other public function areas of the hotel would replace the "Palm Court". The Burrard Street portion of the podium would have a transparent exterior which would present passing pedestrians with a building that is visually alive during both day and evening hours of the week. The "Palm Court" was seen as a major public amenity in the earlier scheme, however staff and the Urban Design Panel expect that with further design development the current proposal has the same opportunity to feel public and could be more animated. (Conditions: Appendix B; Plans: Appendix E.) ALRT Ventilation Shaft: A ventilation shaft serving the ALRT (Skytrain) imposes a large metal grate [12.5 m by 2.1 m (41 ft. by 7 ft.)] in the sidewalk butting against the Dunsmuir Street curb. Its location was designed for expedience at the time of ALRT construction, with the expectation that when the adjacent property (550 Burrard Street) redeveloped, the shaft would be redirected through the new structure. The positioning of the shaft has drawbacks, such as limiting tree planting and other boulevard enhancements, reducing pedestrian comfort, and curtailing options for transit accommodation and road widening. To overcome the limitations imposed by the present shaft position, a collaborative effort by the developer, B.C. Transit and the City is required. [See Appendix B: section (c)(i).] Social and Environmental Implications: There are no implications with respect to the Vancouver Children's Policy or Statement of Children's Entitlements. The proposed rezoning neither contributes to nor detracts from the objective of reducing atmospheric pollution. APPENDIX D COMMENTS FROM THE PUBLIC, REVIEWING AGENCIES AND THE APPLICANT Public Input: A notification letter was sent to 51 nearby property owners and a rezoning information sign was posted on the site on January 20, 1997. One phone call was received and one person came to City Hall to receive additional information about the application. There were no objections to the proposed rezoning. Comments of the General Manager of Engineering Services: The General Manager of Engineering Services has no objection to the proposed rezoning, provided that the applicant complies with the conditions as shown in Appendix B. Urban Design Panel Comment: The Urban Design Panel reviewed this proposed rezoning on January 29, 1997, and offered the following comments: "The Panel unanimously supported this application. The Panel strongly supported the proposed change in use and thought the hotel would be a valuable addition to this part of the downtown. The massing of the tower was generally supported and the Panel thought its slimmer form was an improvement over the previous proposal. The majority of Panel members had no problem with the orientation of the tower. One Panel member thought the top of the tower needed to be refined, given its high visibility from the harbour and elsewhere to the north. The additional height of the tower was not an issue with the Panel. Panel members commented that the base needs considerable design development. The base of the tower and the architectural statement for the office entry was seen as a bit weak. Integration of the base with some single tower/office entrance was encouraged. The higher base was strongly supported. The importance of transparency at the Dunsmuir/Burrard corner was emphasized for the next stage of the design. Design development of this corner should also include the treatment of the roof. The "Palm Court" of the earlier scheme was seen as a major public amenity that contributed to the additional density permitted on this site. While this proposal has the same opportunity, as yet it lacks the same degree of publicness that was evident in the earlier proposal. Animation of the lobby to the fullest extent possible should be reinforced in the detail design development. The Panel thought there should be more uses in the lobby. One Panel member commented it is unfortunate the check-in desk is not at the ground level. The vehicular access off Burrard was thought to be quite workable. The entry to the proposed financial institution may need to be lowered so that it can be entered directly. The Panel had major concerns about the treatment of the lane as an extension of entry to this and the adjacent hotel across the lane. Full cooperation among this developer, the adjacent hotel developer and the City Engineering Department was strongly urged so that the best can be made of the lane as an entrance, i.e., continuance of the paving pattern. It was noted that the upgrading of the laneways in this mid block route would also be a major amenity for the city. It needs to be a major, well designed through lane. The importance of detailed design in the development of the autocourt was stressed. Given the difficulty of getting covered autocourts to work well, details such as light levels, landscaping, and detailed design of the ceilings, etc., will need to be carefully considered." Comments of the Applicant: The applicant has been provided with a copy of this report and has provided the following comments: "We have reviewed the report and there are three items on which we wish to comment as follows: 1. The Amendment to Section 3, Floor Area The Tower V proposal to include a 498 room hotel was chosen based upon hotel market demand and supply conditions over nine months ago. While this is still the applicant s goal, the hotel market is changing so that a hotel with fewer rooms may be more appropriate. For clarity, the applicant requires the ability to change hotel floor space to office floor space on the understanding that the total floor space will be reduced by the appropriate 15% hotel bonus. It is assumed the proposed new Clause 3.2 will allow this discretion. 2. Off Street Parking The Shared Parking Study by N.D. Lea Consultants Ltd. analyzed the parking requirement for hotel, office and transient uses. The findings showed that a parkade of 700 stalls could adequately meet demands due to the complimentary times of parkade use, i.e. hotel, evenings and weekends, office in business hours in the week. The applicant did add a further additional level of parking to the original proposed 700 stalls for a new total of 739 stalls which is clearly adequate. The applicant does not believe it is appropriate to provide more parking thereby encouraging further vehicle use and the fact that Tower V is well served by public transportation and is adjacent to an ALRT station. 3. Comments on Proposed Conditions of Approval (b)(xiii) Applicant believes there is sufficient parking provided with 739 stalls. (c) ALRT Ventilation Shaft. This ventilation shaft has been in the sidewalk since the ALRT opened over 10 years ago. Its inclusion into the Tower V site was not a condition of the previous Tower V rezoning or the subsequent Tower V Development Permit. The design development requests set out in: (b)(ii) to set back the building 2.5 feet on Dunsmuir Street (b)(iii) relocate exit stairs and baggage storage (b)(iv) provide greater visibility to lobby activities (b)(xii) deletion of exit alcove on Dunsmuir Street all require major revisions of the Dunsmuir Street frontage. The inclusion of the ALRT ventilation shaft into this area of high quality space will add a major level of complexity and create structural and design costs into the parking level. The cost and complexity of dealing with BC Transit and the City is likely to be a lengthy process delaying the Tower V project. Therefore, the applicant requests deletion of this condition of approval." APPENDIX F APPLICANT, PROPERTY, AND DEVELOPMENT PROPOSAL INFORMATION APPLICANT AND PROPERTY INFORMATION Street Address 550 Burrard Street Legal Description Lots C, D and E, Blk 30, DL 541, Pl. LMP7821 Applicant Mussen Cattell Mackey Partnership Architect Mussen Cattell Mackey Partnership Property Owner Bentall Properties Ltd.(Lot C);Omers Realty Corp. (Lots D & E) Developer Bentall Properties Ltd. SITE STATISTICS GROSS DEDICATIONS NET SITE AREA 5 971.7 m2 5 971.7 m2 (64,225 sq. (64,225 sq. ft.) ft.) DEVELOPMENT STATISTICS DEVELOPMENT RECOMMENDED PERMITTED UNDER PROPOSED DEVELOPMENT (if EXISTING ZONING DEVELOPMENT different than proposed) ZONING CD-1 CD-1 USES Office and limited Office and all Cultural and Cultural and Recreational, Recreational, Retail, Service Institutional, and Parking Uses Retail, Service (includes hotel) and Parking Uses MAX. FLOOR 58 932 m2 (634,357 58 932 m2 AREA sq. ft.) (634,357 sq. ft.) plus 15% hotel density bonus MAXIMUM 134.72 m (442 ft.) 137.2 m (450 HEIGHT ft.) PARKING min. of 1/115 m2 739 spaces 801 spaces SPACES (1/1,238 sq. ft.) and max. of 1/100 m2 (1/1,076 sq.ft.) for non-residential uses, plus 50 for YWCA and 400 public parking [equivalent to minimum of 962 spaces] SIDE YARD none none 0.75 m SETBACK (Dunsmuir St)