POLICY REPORT
DEVELOPMENT AND BUILDING

Date: July 9, 1998

Author/Local: LChallis/7135
LU&D No. 97029

CC File No. 5305

TO: Vancouver City Council

FROM: Director of Central Area Planning, on behalf of Land Use and Development

SUBJECT: CD-1 Rezoning - 1001 Hornby Street, 1050 Burrard Street and

1088 Burrard Street (Wall Centre)

RECOMMENDATION

THAT the application by Busby and Associates Architects, to rezone 1001 Hornby Street, 1050 Burrard Street and 1088 Burrard Street (Wall Centre) (Lot 2, Block 80, DL 541, Plan LMP 17390; LMS1455 and LMS1689 ) from DD Downtown District to CD-1 Comprehensive Development District, to permit a heritage density transfer, be referred to a Public Hearing, together with:

(i) plans received May 15, 1998;
(ii) draft CD-1 By-law provisions, 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 C.

THAT the Director of Legal Services be instructed to prepare the necessary CD-1 By-law for consideration at Public Hearing, including a consequential amendment to the Sign By-law to establish regulations for this CD-1 in accordance with Schedule “B” (DD) but prohibit signs above 107.0 m (350 ft.), generally as contained in Appendix B; and

FURTHER THAT the Co-Director of Planning on behalf of Land Use and Development be instructed to make application to amend CD-1 By-law No. 7246 for 750 Burrard Street, to reduce the maximum floor space ratio (FSR) from 11.95 to 6.07, and this application be referred to a Public Hearing, and that the density transfer covenant for 440 Cambie Street be amended to reflect the required density transfer.

GENERAL MANAGER'S COMMENTS

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

COUNCIL POLICY

Relevant Council Policies for this site include:

· Central Area Plan, adopted December 3, 1991.
· Transfer of Density Policy and Procedure, adopted January 25, 1983.

PURPOSE AND SUMMARY

This report assesses an application to transfer heritage density to the Wall Centre site at 1001 Hornby Street, 1050 Burrard Street and 1088 Burrard Street from two sites located at 750 Burrard Street (former Vancouver Public Library) and 440 Cambie Street. The proposal would increase the density from that previously-approved, under the present Downtown Official Development Plan (DODP), at 6.69 floor space ratio (FSR) to 8.18 FSR by transferring 17 058.211 m² (183,619 sq. ft.) of heritage density. The principal purpose of the transfer is to allow additional hotel conference facilities in Phase II of the Wall Centre development. The majority of the additional density would be located below grade and within the same height and essentially the same width as the already approved hotel tower. No significant changes are proposed for Phase I or Volunteer Square.

Staff support the application for the following reasons:

· It is consistent with the City’s policy of preserving heritage buildings through heritage density transfers;
· It would take up a significant amount of heritage density with minimal impact on the appearance of the proposed tower; and
· It would contribute to the city’s supply of conference facilities.

Staff recommend that the application be referred to a Public Hearing, with a recommendation that it be approved subject to conditions.

MAP

DISCUSSION

Use: Wall Centre - Phase II has development permit approval for hotel use. The rezoning application proposes a mixed hotel and residential development, and expansion of the hotel’s convention facilities. Staff support the proposed hotel and residential uses which are consistent with the uses permitted in the sub-area of the DODP (Downtown Official Development Plan) where the site is presently located and are consistent with the Central Area Plan which recommends choice of use zoning in this area to allow greater flexibility. Staff also support the proposed increase in convention facilities, based on studies related to the Trade and Convention Centre (TCC) which indicate that Vancouver is deficient in convention facilities and, even with the introduction of the proposed TCC, will benefit from additional facilities.

Density: Wall Centre - Phases I and II have an approved density of 6.69 FSR as permitted by the current zoning. This figure includes a 15% hotel density bonus for the existing hotel in Phase I and a 10% heritage density transfer (from the Stanley Theatre and former Vancouver Public Library) that is already approved for Phase II. Density on the Wall Centre site is based on a single site covenant which ensures that all parcels comprising this block are considered as a common development site for the purposes of floor space calculations.

The proposed heritage density transfer of 17 058.211 m² (183,619 sq. ft.) would increase the FSR over the entire site to 8.18. For administrative purposes and to facilitate future calculations due to the changes in use or related alterations, staff propose that the density be assigned separately to the two sites (see map in Appendix A), in which case Site 1 would have an FSR of 6.89 (as built containing the existing hotel, amenity pavilion and residential building) and Site 2, an FSR of 10.47. This approach would also terminate the requirement for the single site covenant which could be discharged from the property titles, following enactment of the CD-1 By-law.

The applicant proposes to absorb the heritage density in Phase II in the following ways:

· 29% of the additional density would be located below grade for a ballroom and other hotel-related services. The ballroom would be located beneath Volunteer Square;
· 38% of the additional density would be located in the tower by adding additional floors with lower ceiling heights. The typical floor height would decrease from about 3.1 m (10 ft.) to 2.6 m (8.5 ft.). The tower would increase from 35 to 41 storeys, but its overall height would remain the same as previously approved; and
· 33% of the additional density would be located in the 4-storey podium to provide conference meeting rooms and increase the hotel’s public function areas.

Staff support this approach to absorbing heritage density which to a large extent would be accommodated with relatively unobtrusive changes to the exterior of the previously approved development.

Staff note that the density to be transferred comes from two heritage donor sites: 13 806.711 m² (148,619 sq. ft.) from the old Vancouver Public Library site at 750 Burrard Street, and 3 251.5 m² (35,000 sq. ft.) from the site at 440 Cambie Street. The former requires an amendment to the CD-1 By-law that applies to that site, and staff propose this be dealt with at the same public hearing as the subject rezoning. The latter requires an amendment to its presently registered density transfer covenant so as to acknowledge that no further density transfer will occur on 440 Cambie Street. The applicant has secured the density from both sites, subject to approval of the rezoning. These density transfers would completely use up the banked density from 440 Cambie Street and would leave only 1 089 m² (11,725 sq. ft.) remaining banked density from the old Vancouver Public Library site.

Form: The form of development for Phase I is established by the existing development permits. The form of development for Phase II, as illustrated in Appendix F, is similar to the development previously approved but with the following exceptions:

· The tower width has been increased by approximately 0.9 m (3 ft.) to accommodate additional elevators and improved circulation. The increase will have virtually no noticeable impacts;

· The tower cap has lost its distinctive shape due to rooftop equipment requirements in response to wind tunnel testing. While the technical need may justify the change, further efforts are recommended to achieve a more distinctive shape to cap what will be the tallest building in Vancouver (see Appendix C: Conditions of Approval) ; and

· The tower’s podium is filled out from the previous approval, extending along Hornby Street and slightly further to the northwest along Nelson Street (but does not intrude on Volunteer Square). This change increases visual activity along the Hornby Street streetscape. However, further design development is required to address staff and Urban Design Panel concerns about the relationship between the podium and the tower and between the building and its edges (Nelson Street and Volunteer Square).

Sign By-law Amendments: A condition of approval for the previously-approved development permit for Phase II of the Wall Centre (1001 Hornby Street) was the prohibition of any signage on the top 31.0 m (100 ft.) of the tower. This condition has been incorporated as a regulation in the proposed amendments to the Sign By-law (Appendix B).

CONCLUSION

Staff support the proposed rezoning which would allow a significant amount of heritage density to be absorbed in a large site development, almost completely within an existing approved massing and height. Staff recommend that the application be referred to a Public Hearing, subject to the proposed conditions of approval presented in Appendix C.

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DRAFT CD-1 BY-LAW PROVISIONS

Uses · Cultural and Recreational Use,

· Dwelling Use,
· Institutional Use,
· Office Use,
· Parking Use,
· Retail Uses, but not including Gasoline Station - Full Serve, 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 Use customarily ancillary to the above uses.

Density · Maximum 6.89 floor space ratio (FSR) on Site 1 and 10.47 FSR on Site 2, based on calculation provisions of the Downtown ODP.

· Amenity areas, to a maximum floor area of 930 m² (10,000 sq. ft.), may be excluded from FSR calculations on Site 1 provided the areas are open to residents, employees and hotel guests of Sites 1 and 2.

Height · A maximum of 103.0 m (335 ft.) on Site 1 and 138.0 m (450 ft.) on Site 2.

Parking · Non-residential Uses, excluding Hotel: Parking to be provided per Section 4.3.1 Area II of the Parking By-law.

· Hotel Use: Parking to be provided as per Section 4.3.2 of the Parking By-law.
· Residential Uses: Parking to be provided as per Section 4.3.6 of the Parking By-law.

Acoustics · Per RM-4N District Schedule.

AMENDMENTS TO SIGN BY-LAW NO. 6510

1. Amend Section 1.0 of Schedule B to By-law No. 6510 by adding the following new sub-clause to clause (g):

“(iv) on the site regulated by CD-1 By-law described as CD-1 ( ) (1001 Hornby Street), a facia sign above a height of 107 m above grade shall not be permitted.”

2. Amend Schedule E to By-law No. 6510 by assigning 1001 Hornby Street, 1050 Burrard Street and 1088 Burrard Street to Schedule B (DD).

APPENDIX C
Page 1 of 2

PROPOSED CONDITIONS OF APPROVAL

(a) THAT the form of development for Site 1 be approved by Council as illustrated in plans prepared by Bruno Freschi Architects and approved by the Director of Planning in Development Permit No. DE213934 issued December 3, 1992 and as illustrated in plans prepared by Bruno Freschi Architects and approved by the Director of Planning in Development Permit No. DE216143 issued June 9, 1994, and provided that the Director of Planning may allow minor alterations to this form of development as outlined in (c) below.

(b) THAT the proposed form of development for Site 2 be approved by Council in principle, generally as prepared by Busby and Associates, Architects, and stamped "Received City Planning Department, May 15, 1998”, 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 (c) below.

(c) 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 podium to:

· pull it back from the Hornby/Nelson corner to expose more of the dynamic tower shape at this corner;
· consider incorporating weather protection at the Hornby/Nelson corner;
· more closely align it with the tower’s curve on its northwest face, so as not to detract from the tower’s dynamic shape; and
· increase its transparency to add vitality and activity to the surrounding streets and open spaces;

(ii) design development to the tower’s cap to recapture the sculptural quality evident in the previous approval for what will be the tallest building in Vancouver;

(iii) design development to the landscape architecture and perimeter uses at the edge of Volunteer Square to make this important space an inviting, active, highly integrated component of the Public Realm.

(c) THAT, prior to enactment of the CD-1 By-law, the registered owner shall:

(i) obtain approval of a compatible subdivision plan to alter a portion of the common boundary between LMS1689 and Lot 2, Plan LMP17390, to the satisfaction of the subdivision Approving Officer; and confirm full registration of the subdivision plan and any accompanying documents at the Land Title Office, to the satisfaction of the Director of Legal Services; and

(ii) execute a legal agreement satisfactory to the Director of Legal Services providing that owners will not discriminate against families with children in the sale of their property.

APPENDIX D
Page 1 of 2

ADDITIONAL INFORMATION

Site, Surrounding Zoning and Development: The site includes three legal parcels with a total area of 11 474 m² (123,500 sq. ft.) and is bounded by Burrard, Nelson, Hornby and Helmcken Streets. The site has a frontage of 144.8 m (475 ft.) and a depth of 79.3 m (260 ft.) and slopes eastward from Burrard Street by an average of approximately 4.0 m (13 ft.). The south portion, Phase I (Site 1) is developed with:

· the 34-storey, 391- room Sheraton Wall Centre Hotel in the west corner;
· a 216-unit, 29-storey residential tower in the east corner; and
· an entertainment pavilion, which includes a hotel ballroom and amenity space, along Hornby Street.

Until recently, the north parcel (Site 2) has been used for surface parking but is now undergoing preparation for the development of Phase II of the Wall Centre.

Lands to the south, east and west are generally zoned DD and are developed with a mixture of office, residential, institutional and hotel uses. On the west side of Burrard Street are St. Paul’s Hospital, the Century Plaza Hotel, St. Andrew’s Wesley United Church and the First Baptist Church. North, across Nelson Street, is land zoned CD-1 and occupied by the Electra residences, formerly the BC Hydro building. To the northeast are the Provincial Law Courts which are also zoned CD-1.

Proposed Development: The Phase II development has received development permit approval to proceed with a 138.0 m (450 ft.), 34-storey hotel tower at a density of 6.54 FSR, which includes a 10% heritage density transfer from the Stanley Theatre and the former Vancouver Public Library. The rezoning application proposes to alter the approved development to allow a 41-storey hotel and residential tower above a 4-storey podium. The new proposal is still within the approved 138.0 m height limit, but at a density of 10.47 FSR. The lower 25 floors of the tower would include 344 hotel rooms and the upper 15 floors would be for 64 residential units. An executive/meeting space is planned for the tower’s penthouse floor.

Comparison of Approved and Proposed Development for Wall Centre - Phase II

	APPROVED DEVELOPMENT PERMIT	PROPOSED DEVELOPMENT
USES	Hotel	Hotel and Residential
HEIGHT	138.0 m (450 ft.) 34-storey tower	138.0 m (450 ft.) 41-storey tower
DENSITY	6.54 FSR	10.47 FSR

Other changes proposed for the Phase II development are the provision of more meeting and ballroom space to make the hotel competitive in the convention market. The rezoning proposal includes a large ballroom which would be located below grade between Volunteer Square and the underground parking area. The podium has been redesigned to include more meeting space and to improve pedestrian and vehicular access to the new hotel. The changes to the podium represent the main visual changes to the project associated with the rezoning application.

The Phase II hotel, like the hotel built in Phase I, would be operated by Sheraton Hotels.

Heritage Donor Sites: The heritage density is being purchased from two sources: the old Vancouver Public Library site at 750 Burrard Street - 13 806.711 m² (148,619 sq. ft.), and the new AIBC offices at 440 Cambie Street - 3 251.5 m² (35,000 sq. ft.). If Council approves this rezoning, then the CD-1 By-law for 750 Burrard Street, and the density transfer covenant for 440 Cambie Street will both need to be amended to reflect the reductions in transferrable density.

Subdivision Proposal: Concurrent with this rezoning application, a preliminary subdivision proposal is being considered by the Approving Officer. If approved, a portion of the common property line between the two affected parcels (LMS1689 and Lot 2, LMP17390) would be altered to coincide with the north wall of the existing building (Phase I amenity pavilion) and would ensure that all of the new construction for Phase II would occur within the north parcel.

Public Benefit: The proposed rezoning offers the public benefit of absorbing a significant amount of banked heritage density in a manner which will result in minimal increase in bulk and massing on the receiver site. For this reason, staff strongly support the application.

Environmental and Social Implications: The proposed rezoning or text amendments neither contribute to, nor detract from, the objective of reducing atmospheric pollution. There are no major positive or negative social implications to this proposal. There are no implications with respect to the Vancouver Children's Policy or Statement of Children's Entitlements.

APPENDIX E
Page 1 of 2

COMMENTS FROM THE PUBLIC, REVIEWING AGENCIES
AND THE APPLICANT

Public Input: On June 3, 1998, a notification letter was sent to 1,247 nearby property owners and rezoning information signs were posted on the site. Staff received five phone calls and one e-mail from neighbouring residents and property owners who wanted to ensure that the proposed form of development was essentially the same as the previous proposal.

Comments of the General Manager of Engineering Services: The General Manager of Engineering Services has no objection to the proposed rezoning.

Urban Design Panel Comment: The Urban Design Panel reviewed this proposal on June 17, 1998 and offered the following comments:

“The Panel supported this rezoning application and remained enthusiastic about the elegant and dynamic tower form.

The majority of Panel members were disappointed at the loss of the previous proposal’s sculptural qualities and urged the applicant to do everything possible to strengthen the directionality at the top. This building will be highly visible from many different locations in the city and, as such, it calls for the very best treatment at the top.

With respect to the podium, while recognizing the functional restrictions the Panel also felt strongly that additional transparency was required on the Hornby Street façade. The use in this location calls for far greater animation. Consideration should be given to moving some of the meeting rooms to a less prominent location. It was noted that the podium of the previous scheme was much more dynamic and memorable. Anything that can be done to recover some of the earlier dynamism in the way the building meets the ground would be a worthwhile exercise. The tower needs to be more formally separated from the podium. While the strong streetwall is a positive contribution to the street it unfortunately overwhelms the tower to the extent that the quality in the upper portion of the tower is all but lost at street level. Its proximity to the Electra should also be considered. The way the podium meets the tower on the Nelson façade demands particular attention.

The Nelson/Hornby corner should be much more exposed by pulling back some of the massing to make it more of a “place”. Weather protection should be provided on the corner. Greater reinforcement of the building entry is also called for so that it is obvious on Hornby Street.

APPENDIX E
Page 2 of 2

Concerns were expressed about the uncomfortable relationship of the new and the existing hotel in the way the two façades come together. It was suggested that much greater effort should be made at bringing some of the elements of the old across into the new component.

With respect to the open space, careful consideration should be given to the proportions of Volunteer Square in relationship to the surrounding green spaces. There was also a comment that while the strong sweeping motion which serves to draw pedestrians off Burrard Street is very effective, it is unfortunate that it is necessary then to mount stairs in order to proceed through the site. While the landscape materials are good quality, there was a question as to whether the black granite might be too sombre. It also implies that little happens beyond it, whereas much could be done in terms of connecting existing buildings with the new that could go a long way to bringing a great deal more animation to that outdoor space. It was suggested that extending the weather protection elements would be an effective means of creating that activity.”

CPTED Comments: The plans for Wall Centre Phase II are similar to the existing facility (Phase I) regarding parking and public circulation. The success of Phase I from a CPTED approach is commendable and reviews indicate that while crime is occurring in areas next to this development, Phase I has been relatively crime free. This can be attributed to design as well as successful “territory” management by the property owners. Based on the review of the existing facility and the expectation that an equal style in management will be implemented with Phase II, CPTED supports this positive design and has no issues at this time.

Comments of the Applicant: The applicant has been provided with a copy of this report and has provided the following comments:

“Further to your rezoning report of July 9, 1998, we can confirm that we have reviewed the report and are most appreciative of staff’s support and the recommendation to proceed to Public Hearing.

Please note that we are currently revising the design to address the Design Panel and staff comments. In particular, we are working on the directionality of the tower cap, the transparency and links to the podium area, exposing more of the dynamic tower shape, extent of weather protection and landscaping context.

As discussed, we look forward to a Public Hearing date as soon as possible and then to follow up with the revised scheme at the Development Permit stage.”

APPENDIX G

APPLICANT, PROPERTY, AND DEVELOPMENT PROPOSAL INFORMATION

APPLICANT AND PROPERTY INFORMATION

Street Address	1001 Hornby Street, 1050 Burrard Street and 1088 Burrard Street
Legal Description	Lot 2, Block 80, District Lot 541, Plan LMP17390, Plan LMS1455 and Plan LMS1689
Applicant/Architect	Busby and Associates Architects
Property Owner	Site 1: Multiple Owners Site 2: Calmont Investments Ltd.
Developer	Site 2: Calmont Investments Ltd.

SITE STATISTICS

	GROSS	DEDICATIONS	NET
SITE AREA	11 474 m² (123,500 sq. ft.)	-	11 474 m² (123,500 sq. ft.)

DEVELOPMENT STATISTICS

	DEVELOPMENT PERMITTED UNDER EXISTING ZONING	PROPOSED DEVELOPMENT	RECOMMENDED DEVELOPMENT (if different than proposed)
ZONING	DD	CD-1	-
USES	Cultural, Recreational. Dwelling, Institutional, Office, Parking, Retail, Service	Cultural, Recreational. Dwelling, Institutional, Office, Parking, Retail, Service	-
MAXIMUM FLOOR SPACE RATIO (FSR)	6.69 FSR (with hotel bonus and 10% heritage bonus)	8.18 FSR (6.89- Site 1 and 10.47 - Site 2)	-
MAXIMUM HEIGHT	138 m (450 ft.)	138 m (450 ft.)	-
PARKING SPACES	702	763	-

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(c) 1998 City of Vancouver