P5
POLICY REPORT
DEVELOPMENT AND BUILDINGS
Date: May 2, 1996
Dept. File No.95033-RWW
TO: Vancouver City Council
FROM: Director of Land Use & Development
SUBJECT: Proposed Rezoning of 901-67 and 940-90 Seymour Street
RECOMMENDATION
A. THAT the application by Architectura Waisman Dewar Grout
Carter Inc. to rezone 901-67 and 940-90 Seymour Street (Lots
24 to 38, Block 73 and Lots 5 to 19, Block 74, D.L. 541, Plan
210) from DD Downtown District to CD-1 Comprehensive
Development District be referred to a Public Hearing,
together with:
(i) draft by-law provisions generally as contained in
Appendix A; and
(ii) the recommendation of the Director of Land Use &
Development to approve the application, subject to
conditions of approval contained in Appendix B;
B. THAT a by-law to designate the Dominion Motors Building (901
Seymour Street) as protected heritage property, and provide
for its addition to Schedule "A" of the Heritage By-law, be
referred to a Public Hearing; and
C. FURTHER THAT the Director of Legal Services be instructed to
prepare the necessary by-laws for consideration at the Public
Hearing, including a consequential amendment to the Sign
By-law to establish sign regulations for this CD-1 in
accordance with Schedule B (DD) and an amendment to Schedule
"A" of the Heritage By-law.
GENERAL MANAGER'S COMMENTS
The General Manager of Community Services RECOMMENDS approval of
the foregoing.
COUNCIL POLICY
Report to Council entitled "Eligibility for Heritage Density Bonus -
901 Seymour Street" (Council - June 20, 1995).
Relevant Council policies for the site include:
- Central Area Plan, adopted December 3, 1991;
- Heritage Policies and Guidelines, reaffirmed April 18, 1991;
- Transfer of Density Policy and Procedure, amended December 8,
1994;
- View Protection Guidelines, adopted December 12, 1989, amended
December 11, 1990; and
- Public Art Policies and Guidelines, adopted June 23, 1994 and
November 22, 1994.
PURPOSE AND SUMMARY
This report assesses a transfer of density rezoning application by
Architectura Waisman Dewar Grout Carter Inc. involving two sites,
located on the east and west sides of the 900-Block Seymour Street.
Site #1, the "donor site", includes 15 parcels located at
901-67 Seymour Street (west side) and Site #2, the "receiver site"
includes 15 parcels located at 940-90 Seymour Street (east side). See
Figure 1 on the following page.
A primary impetus for this rezoning is the retention, rehabilitation
and designation of the former Dominion Motors Building, a Class 'C'
listed heritage building, located on the west side of Seymour Street at
Smithe Street (north portion of Site #1). On June 20, 1995 City
Council resolved that the building is eligible for a heritage density
bonus of 4 663.6 m2 (50,200 sq. ft.), which then may be transferred to
an adjacent site through the rezoning process.
Site #1 is affected by a Council-adopted view cone, which limits
building heights to 64.3 m (211 ft.). The resulting tower and low-rise
building base would be made more massive than is normally desirable in
Downtown South, if all the allowable floor area was used on the site
(Site #1). Consequently, the applicant proposes to transfer a total of
7 125.4 m2 (76,700 sq. ft.) of "allowable" floor area from Site #1 to
Site #2, which includes all of the heritage density bonus (4 663.6
m2/50,200 sq. ft.) plus the amount that is more appropriately utilized
on the latter site because of the view cone (2 461.9 m2/26,500 sq.
ft.).
The proposed rezoning, if approved, would permit construction of
mixed-use developments on both sites consisting of residential uses
together with commercial uses at grade and on the second floor. No
form of development is proposed at this time, but it would be
controlled by guidelines linked to the adjoining Downtown South.
Underground parking would be required, together with 21 covered surface
parking spaces (on Site #1) to serve the existing Dominion Motors
Building which currently provides retail space on the ground floor, and
is expected to accommodate future commercial and/or residential uses on
the second and third floors.
Figure 1: Site Location
This transfer of density rezoning is supported by staff as it will
result in the preservation of the Dominion Motors building and the
preservation of an important Council-approved view corridor. Two
issues of importance to the applicant will need to be addressed at the
Public Hearing, including DCLs and Public Art contributions and
overheight floor areas, which are addressed in the body of the report.
Engineering Services also offers comments on the proposed parking
standard.
Staff recommend that the application be referred to Public Hearing.
DISCUSSION
Retail and Service Uses: Staff are prepared to support limited retail
and service uses to a maximum of 1.0 FSR for each site. Both sites are
presently located in a sub-area of the DODP that does not restrict such
uses, whereas zoning for the Downtown South limits commercial uses to
corner sites and to a maximum total of 232 m2 (2,500 sq.ft.). The
subject sites are situated in the DD adjacent the boundary of the
Downtown South sub-area and, consequently, the proposal's commercial
content is seen as an acceptable compromise between the existing
regulations and the limits of Downtown South. Staff note that the
higher FSR for commercial uses may raise concerns from some property
owners and businesses along Granville Street who may prefer to see
substantial retail development focused only on Granville Street itself.
Density: The current zoning permits a maximum density of 5.0 FSR for
all uses except residential, which is presently limited to a maximum
3.0 FSR. The applicant proposes that maximum flexibility for
residential uses be available, as is the case in Downtown South. This
change is considered to be consistent with the sites' location on the
edge of Downtown South.
Financial Evaluation of the Heritage Density Bonus: Real Estate
Services and Facilities Development staff have estimated that a
heritage density bonus of 4 663.6 m2 (50,200 sq. ft.) is appropriate,
which must be used on site or directly across Seymour Street. Any
banking of the bonus for transfer elsewhere in the downtown (not
proposed) would result in a downward adjustment of the bonus.
Height and Views: The existing DODP permits a maximum height of 91.4 m
(300 ft.) which may be increased to 137.2 m (450 ft.), subject to the
satisfaction of various livability and impact criteria. However, both
sites are affected by Council-adopted view cones that restrict the
maximum height achievable to 64.3 m (211 ft.) for Site #1, and 91.4 m
(300 ft.) for Site #2.
Form of Development: The applicant has requested that a CD-1 By-law be
written to allow flexibility regarding the form of development in the
future, following regulations and guidelines similar to those of the
adjoining Downtown South area. Planning staff support this approach,
recognizing that the current applicant may not be the actual developer
and the form of development will in all likelihood change. A CD-1 has
been drafted which will allow for the site to be treated in a manner
similar to Downtown South, with exceptions such as height and
commercial content, which will be specified in the by-law. Staff are
confident that the proposed CD-1 regulations, accompanying guidelines
linked to the Downtown South guidelines and subsequent design review
process will ensure an appropriate form of development.
Extra Height Floors: The applicant wishes to represent the interests
of a potential purchaser/developer of the southerly portion of Site #1
who has indicated that double height "loft spaces" would be proposed as
part of a preliminary development application. The potential purchaser
was advised immediately by staff that the proposed amendments to the
Downtown South Guidelines will include provisions to double count the
floor area of units where floor-to-floor heights exceed 3.66 m (12
ft.), consistent with Council's instruction to report back with
suitable amendments to restrict the bulk of buildings in Downtown
South. Staff believe that the proposed development should comply with
this proposed guideline amendment, which is scheduled for Council's
consideration in the very near future.
This is a significant issue which has an impact beyond the bounds of
this rezoning application. However, staff are recommending that floor
areas with floor-to-floor height greater than 3.66 m (12 ft.) be
counted twice for the purposes of calculating FSR. The draft CD-1
By-law found in Appendix A reflects this position.
The potential purchaser/developer sought to submit a preliminary
development application (PDP) with the FSR not calculated in accordance
with the staff position. Submission of a PDP in advance of the
requisite rezoning consideration at a Public Hearing is a practice only
considered in the case of applications involving non-market housing or
heritage, and only in the case where the PDP is in compliance with an
application with support of staff. In this case submission of the PDP
was rejected because it was not consistent with the staff position
related to FSR in terms of counting "excessive" floor-to-floor heights.
Parking: The applicant is requesting that Downtown South parking
standards apply to this rezoning. Planning staff note that the
proposed development is intended to be in keeping with Downtown South
zoning regulations and guidelines, and support the requested parking
standard on both sites. The Downtown South standard was developed for
this emerging residential neighbour-hood to encourage residents to take
advantage of their easy access to downtown employment, shopping and
entertainment opportunities, by walking, cycling or using transit, in
keeping with general Council policy to that effect.
Engineering Services points to their recent study of newly-occupied
Downtown South (DTS) residences that indicates it may be inappropriate
to extend the Downtown South parking standard to these two sites. The
study was undertaken in part to reconsider International Village
parking standards and to try to sub-stantiate the existing DTS parking
standards. The study results were previously presented to Council on
December 14, 1995. The parking demands of these sites' residents are
expected to be indistinguishable from those of the recent survey.
While these sites are convenient to the commercial core of Downtown,
they are also highly exposed to the entertainment district.
Engineering would prefer to apply a parking standard comparable to the
CBD standard, which would come fairly close to meeting the documented
demand and would preserve livability by avoiding a heavy reliance on
street or other off-site parking for the residents. However, in view
of the location on the periphery of Downtown South and all other
considerations, Engineering will not object to the recommended Downtown
South parking standard.
Development Cost Levies (DCLs): The applicant has requested that
consideration be given to full exemption from DCLs payable at the
building permit stage.
The subject sites are situated within the Downtown South DCL district
and there is no means of excluding the overall site from the DCL
charge. The heritage building floor space is excluded from the
calculation of DCL fees by the Charter; however, there is no Charter
authority for exclusion of the heritage bonus. As such, the heritage
bonus is subject to DCLs.
Public Art: The applicant has requested that no public art
contribution be paid for the whole rezoning.
Social Planning has indicated that the heritage building itself and the
heritage bonus density can be excluded from a public art contribution;
however, there is no obvious reason to exclude the balance of the
development. The appropriate amount is recommended as a condition of
rezoning approval.
Staff note that the setting of a Public Art Contribution has been
considered on a case-by-case basis for sites involving heritage. In
the case of the TD Bank, the rezoning was exempted. In the case of the
former B.C. Hydro building, refurbishment of the tile lobby was
accepted as the Public Art contribution.
CONCLUSION
Planning staff support the proposed rezoning of 901-67 and 940-90
Seymour Street from DD to CD-1 to permit a heritage and unusable
density transfer, and recommend that the application be referred to a
Public Hearing, subject to the proposed conditions of approval
presented in Appendix B.
* * * * *
APPENDIX A
Page 1 of 2
OUTLINE OF DRAFT CD-1 PARAMETERS
Site 1 & 2 - 901 Seymour Street
Uses:
- Cultural and Recreational Uses excluding Arcades;
- Dwelling Uses;
- Institutional Uses;
- Office Uses;
- Parking Uses;
- Retail Uses, limited to Grocery or Drug Store,
Retail Store; and
- Service uses, limited to Barber Shop or Beauty
Salon, Bed and Breakfast Accommodation, Laundromat
or Dry Cleaning Establishment, Photofinishing or
Photography Studio, Repair Shop - Class B,
Restaurant - Class 1.
Floor Space Ratios:
- Site 1 - 4.41
- Site 2 - 6.71
The following uses shall not in total exceed floor
space ratio of 1.00 on each site:
- cultural and recreation uses;
- institutional uses;
- office uses;
- retail uses; and
- services uses.
Residential floor areas with a ceiling height greater
than 3.66 m shall be counted twice for the purposes of calculating floor space ratio.
Height:
- Site 1 - 64.3 m
- Site 2 - 91.44 m
Conditions of Use:
- Retail and Service uses shall be limited to the
first and second storeys.
APPENDIX A
Page 2 of 2
Parking and Loading:
Parking
Commercial - Commercial parking for both the east and west sites is
to be provided as per Section 4.3.1 Area II, of the
Parking By-law. The Dominion Motors building, being a
designated heritage building, will require parking as
per Section 4.4.2.
Section 4.1.9 of the Parking By-law relating to
permitting a reduction for shared-use shall apply.
Note: Additional parking must be provided now for
future changes of use from passive to active of the
remaining storage floors of the Dominion Motors
building.
Residential - Dwelling Uses shall provide a minimum of 0.5 parking
space for every dwelling unit less than 65 m2 gross
floor area in size, or a minimum of 1.0 parking space
for every dwelling unit greater than or equal to 65 m2
gross floor area in size, but subject to a maximum of
0.6 spaces for every dwelling unit and one additional
space for each 100 m2 of gross floor area, or 2.3
spaces per dwelling unit, whichever is less.
Loading
Residential - Based on one space required for buildings with unit
counts of 100 - 299 units; one space for each of the
three towers.
Commercial - Based on Parking By-law requirements.
APPENDIX B
Page 1 of 2
PROPOSED CONDITIONS OF APPROVAL
1. THAT, Council, at the time of CD-1 By-law enactment, adopt
guidelines entitled "901-67 and 940-90 Seymour Street CD-1
Guidelines", presented at the Public Hearing;
2. THAT, prior to approval by Council of the form of development, the
applicant shall obtain approval of a development application by the
Development Permit Board who shall have regard to the following:
(i) design details to incorporate crime prevention through
environmental design (CPTED) principles (refer to Appendix D
- Police Department comments);
(ii) provision of recycling/garbage facilities to the
satisfaction of Engineering Services;
(iii) submission of a detailed landscape plan; and
(iv) submission of an acoustical consultant's report assessing
noise impacts on the site in particular noise generated by
the adjacent Granville commercial district, recommending
noise mitigation measures to achieve noise livability
criteria;
3. THAT, prior to enactment of the CD-1 By-law, the registered owner
shall, at no cost to the City:
(i) obtain and submit to the City a letter from the B.C.
Ministry of Environment indicating that a soils analysis
site characterization has been completed by a professional
recognized in this field; and provide a legal agreement,
which may be registered against the property, at the
discretion of the Director of Legal Services, in
consultation with appropriate Department Heads, indemnifying
the City against any liability which may be incurred by the
City as a result of any contamination present on the site
and providing a program of remediation as may be deemed
necessary and approved by the B.C. Ministry of Environment,
in a sequence of steps to be prescribed, monitored and
certified complete by such a professional and approved by
the Ministry;
APPENDIX B
Page 2 of 2
(ii) execute an agreement, to the satisfaction of the Director of
Legal Services, to not discriminate against families with
children in the sale of residential units;
(iii) make suitable arrangements, to the satisfaction of the
Director of Legal Services and the Approving Officer, to
provide for:
- subdivision of the westerly site into two parcels
(Dominion Motors/Staples and remaining); and
- future consolidation of the easterly site in accordance
with a development permit;
[Note to the applicant: Parking for the Dominion Motors
site will need to be secured on the adjoining site at the
time of subdivision].
(iv) make suitable arrangements, to the satisfaction of
Engineering Services, for any new electrical and telephone
services to be undergrounded within and adjacent to the site
from the closest, existing suitable service point;
(v) designate the building at 901 Seymour Street (Dominion
Motors Building) under Schedule "A" of the City's Heritage
By-law;
[NOTE: Prior to enactment of the CD-1 By-law, the
registered owner will provide a letter waiving future
compensation demands for this designation.]
(vi) execute an agreement, to the satisfaction of the Director of
Legal Services in conjunction with the Director of Planning,
which will provide for completion of the
historically-accurate window replacement on the Dominion
Motors Building prior to issuance of occupancy permits on
the adjoining site;
(vii) execute an agreement, to the satisfaction of the Director of
Legal Services, to ensure participation in the City of
Vancouver public arts program, including the contribution of
$0.95 per sq. ft. (10.23 per m2) of commercial and
residential floor area, and excluding bonused floor area
related to heritage preservation, totalling $379,860.
APPENDIX C
Page 1 of 4
SITE, SURROUNDING DEVELOPMENT, PROPOSED DEVELOPMENT
AND NON-MAJOR ELEMENTS
SITES
The sites consists of land parcels on both sides of the 900-Block
Seymour Street between Smithe and Nelson Streets.
Site #1 (west side) has an area of 0.42 ha (1.03 ac.) and a frontage
along Seymour Street of 114.3 m (375 ft.). The site slopes down about
1.2 m (4 ft.) from the northwest to southeast. Currently, the
southerly portion of the site is developed as a surface parking lot,
while the northerly portion accommodates a three-storey listed heritage
Class 'C' building (Dominion Motors), which has already been retained
and rehabilitated as part of the overall re-development scheme for this
side of Seymour Street. There are existing street trees within the
City's sidewalk allowance along Seymour and Smithe Streets, and
secondary access is available from the existing lane, immediately to
the west.
Site #2 (east side) has an area of 0.42 ha (1.03 ac.) and a frontage
along Seymour Street of 114.3 m (375 ft.). The site slopes down about
4.3 m (14 ft.) from the northwest to southeast. Currently, the
southerly portion of the site is developed with a gasoline service
station, while the northerly portion is developed as a surface parking
lot, immediately adjacent to the Dufferin Hotel. There are existing
street trees within the City's sidewalk allowance along Seymour and
Nelson Streets, and secondary access is available from the existing
lane, immediately to the east.
SURROUNDING DEVELOPMENT
Site #1 (west side) - To the north, across Smithe Street, are the
Orpheum and Capitol Six Theatre buildings. Immediately to the south of
the site is the Seymour Billiards building. Further south, across
Nelson Street, there are mainly two-storey buildings and surface
parking lots. To the west, across the existing lane, are a variety of
buildings fronting onto the Granville Street Mall ranging in height
from two to seven storeys.
Site #2 (east side) - Immediately to the north of the site is the
four-storey Dufferin Hotel. Further north, across Nelson Street, are
above-grade parking garages and surface parking lots. To the south,
across Nelson Street, are several two-storey buildings and surface
parking lots. To the east, across the existing lane, are a variety of
two-storey buildings and surface parking lots fronting onto Richards
Street.
APPENDIX C
Page 2 of 4
PROPOSED DEVELOPMENT
901-67 Seymour Street (Site #1 - "Donor Site"): total proposed density
is 4.41 FSR. The main components include:
- rehabilitation and heritage designation of the former Dominion
Motors Building to accommodate about 4 756.5 m2 (51,200 sq. ft.) of
commercial and/or residential uses;
- balance of site to be developed to a maximum FSR of 4.41 for
primarily residential purposes, with commercial retail and service
uses allowable at grade and on the second storey, to a maximum of
1.0 FSR. Development will be guided by Downtown South guidelines.
Height limited to 64.3 m (211 ft.) because of a Council-adopted
view cone. Total maximum floor area for all uses, including
Dominion Motors building, will be 18,440.65 m2 (198,500 sq. ft.)
after unusable and heritage bonus densities are transferred to
easterly site;
- vehicular access to new development will be encouraged from
existing lane, with a Seymour Street access point to serve the
former Dominion Motors Building; and
940-90 Seymour Street (Site #2 - "Receiver Site"): to be developed to
a maximum FSR of 6.71 for primarily residential purposes, with
commercial retail and service uses allowable at grade and on the second
storey, to a maximum of 1.0 FSR. Height will be limited to 91.44 m
(300 feet). Total maximum floor area for all uses will be 28,027 m2
(301,700 sq. ft.). Development will be similarly controlled by the
Downtown South guidelines.
NON-MAJOR ELEMENTS
Heritage Designation: Staff recommend, as a condition of rezoning
approval, that the Dominion Motors Building be designated under the
City's Heritage By-law. As a result of recently enacted provincial
legislation and amendments to the Vancouver Charter, it is now
necessary to hold a Public Hearing for any heritage building proposed
to be designated, irrespective of whether there is a proposed zoning
change. The legislation also requires staff to include the appropriate
assessment of the building in terms of heritage value, compatibility of
conservation with lawful uses, condition and economic viability of the
property, and the need for financial and other support for
conservation.
APPENDIX C
Page 3 of 4
HERITAGE VALUE
The former Dominion Motors Building was built in 1925. It is a good
example of vernacular commercial design with Art Deco motifs in the
parapets and pilasters. There are three storeys. The architects,
Townley and Matheson, were a notable firm in Vancouver, who also
designed Vancouver City Hall. The building is listed on the Vancouver
Heritage Register in the 'C' category. While the windows have been
replaced and the storefronts altered, there is sufficient archival
evidence to support restoration and rehabilitation of the building,
which would raise its heritage value considerably. The building
recently had its ground floor converted into an office supply retail
function, repainted and a new canopy added. Contextually, the building
is important as it has a landmark presence at the corner of Seymour and
Smithe Streets and it relates in scale to the Orpheum Theatre and the
Dufferin Hotel.
Compatibility of Conservation with Community Planning Objectives
The retention and rehabilitation of the former Dominion Motors Building
is consistent with the City's long-term goal of protecting as many
resources as possible currently listed on the Heritage Register.
Occupying a corner site at the edge of Downtown South and Downtown, the
building's retention anchors and contributes to the scale and character
of the area and neighbouring buildings.
Compatibility of Conservation with Lawful Uses
The approved use for the Dominion Motors building is consistent with
present and proposed zoning.
Condition and Economic Viability of the Property
The building is in reasonable physical condition and can be retained
and rehabilitated. Sufficient archival material exists to determine
the restoration of the upper floors' windows of the building. A
heritage bonus of 4 663.6 m2 (50,200 sq. ft.) has been determined by
the Manager of Real Estate to be fair compensation for the cost of
retention and rehabilitation of the building. Staff are supportive of
the heritage bonus being transferred to the applicant's property on the
east side of Seymour Street.
APPENDIX C
Page 4 of 4
Need for Financial and Other Support for Conservation
The owner has agreed that, in exchange for the designation, the floor
space ratio heritage bonus is considered to be full and fair
compensation. The letter waiving further compensation is to be
submitted to the Director of Legal Services, prior to the enactment of
the CD-1 By-law, if the rezoning application is approved at Public
Hearing.
SOILS REMEDIATION
The applicant has submitted a soils remediation plan which has been
reviewed by the Environmental Protection (EP) Division of Permits and
Licenses. The report describes the site as being relatively clean;
however, EP staff are familiar with the site and are aware of specific
contamination problems in the past. This information has been
discussed with the consultant and the Province and a soil consultant
will need to be on site during excavation to monitor soils conditions.
LANDSCAPE RESOURCES
Condition of approval (1) stipulates that the proposed developments
will be required to provide landscaping and streetscape treatment in
keeping with the requirements of the Downtown South Guidelines.
Flexibility will need to be exercised for street frontages involving
commercial uses not normally part of Downtown South developments.
PUBLIC CONTRIBUTIONS Public Art Contribution: In accordance with Council's policy, the
applicant is required to allocate $10.23 per m2 ($0.95 per sq. ft.) for
public art. The total amount is $379,810, assuming the full 4.41 FSR
is approved for Site #1 (901-67 Seymour Street) is approved, and
excluding bonused floor area related to heritage preservation, and the
full 6.71 FSR is approved for Site #2 (940-90 Seymour Street).
REMAINING SITE
Discussions have occurred with the owner of the Seymour Billiard Hall
site, the remaining parcel south of Site #1, who wishes to be part of
the rezoning. Staff would certainly support its inclusion in the CD-1;
however, the applicant is not interested. The site can be developed
independently under the existing DD zoning.
APPENDIX D
Page 1 of 7
COMMENTS OF THE PUBLIC, REVIEWING AGENCIES AND THE APPLICANT
NOTIFICATION
Signs erected on site: November 3, 1995
935 early notification
letters mailed: October 27, 1995
PUBLIC COMMENTS
During the processing of this application, staff received one letter in
favour of the rezoning and one telephone call from an individual
expressing concern about whether the development would provide
sufficient public parking spaces.
REVIEWING AGENCY COMMENTS
Vancouver Heritage Commission: On November 20, 1995 the Vancouver
Heritage Commission (VHC) resolved:
"THAT the Vancouver Heritage Commission supports, in principle, the
transfer of density to the applicant's site on the east side of Seymour
Street. However, it would like this approval to be clearly tied in
with a definite completion schedule of the heritage rehabilitation of
the Dominion Motors (Staples)."
Department of Permits and Licenses: B. C. Environment has had an
opportunity to conduct an initial review of the submitted environment
assessment information, and has indicated that the environmental
assessment is acceptable. An issue which may require attention at the
excavation stage is the groundwater condition, which was not
encountered during this investigation stage.
A letter should be obtained from the applicant confirming their
intention of complying with all recommendations made by B.C.
Environment; e.g. that a consultant be available during excavation in
case contamination is encountered at that time.
Engineering Services: "Engineering Services has no objection to the
proposed rezoning provided the following concerns are addressed prior
to by-law enactment:
APPENDIX D
Page 2 of 7
a) Site consolidation is required for both the east and west sites1.
b) Provision of loading spaces as follows2:
Commercial Loading Space - Based on parking by-law requirements.
- Two spaces for the west site.
- One space per building on the east
site.
- Two spaces for the Dominion Motors
Building.
Note: Commercial loading spaces must provide convenient and direct
access to all commercial users and the current proposal requires
some redesign.
Residential Loading Spaces - Based on one space required for
buildings with unit counts of 150-299
units.
- One space for each of the three
towers.
c) Provision of Parking spaces as follows2:
Residential Parking Spaces
Parking to be provided in accordance with the Downtown South
standard.
Commercial Parking Spaces
Commercial parking for both the east and west sites is to be
provided as per Section 4.3.1 Area II, of the Parking By-law.
Parking for the Dominion Motors site will be assessed in
conjunction with Section 4.4.2.
d) Provision of trees and special streetscape treatment as per
Downtown South guidelines2.
e) Provision of adequate garbage and recycling facilities2.
APPENDIX D
Page 3 of 7
f) All telephone and electrical services to be undergrounded within
and adjacent the site from the closest existing suitable service
point."
Police Department: The Police Department has reviewed this rezoning
application and provides the following comments:
"Design development to take the principles of CPTED (Crime Prevention
Through Environmental Design) into consideration with specific regard
to:
- reducing opportunities for theft and reducing fear in parking
garages;
- reducing opportunities for break and enter to ground level and
podium level units; and
- reducing opportunities for nuisance and vandalism at the street
level and in open spaces."
URBAN DESIGN PANEL
On November 8, 1995, the Urban Design Panel reviewed a preliminary form
of development submitted with the application, which no longer forms
part of the rezoning. The following comments are provided for
reference purposes only.
"The Panel unanimously supported this rezoning application and thought
the development will greatly improve this part of the Downtown. The
overall massing is appropriate, taking into account the view cone
restrictions, and it satisfactorily maximizes separation between the
buildings. Panel members stressed, however, that it will be important
for this project to be carried out to a very high standard to justify
the transfer of density and heritage bonus sought. The Panel will
expect to see appropriate materials at the development application
stage, along with design development to the towers.
On the question of the amount of retail being sought, the Panel
strongly supported the applicant's proposal and agreed that the type of
retail that will be attracted will not compete with the Granville Mall.
The Panel also agreed that this should be considered a transition site,
being on the edge of the Downtown South zone.
With respect to the ground plane, the Panel supported the setback and
efforts made to green the street. However, the shrubbery in front of
the retail spaces should be eliminated to ensure clear entry to the
shops and to allow for seating.
APPENDIX D
Page 4 of 7
Care should be taken in programming the roofscape landscape so that it
does not ultimately suffer from neglect. While the concept of running
hedges down old property lines is interesting, it fragments the space
so that there is no real usable lawn space. An apparent conflict
between public and private garden space needs to be resolved, along
with attention to overall security concerns."
APPLICANT'S COMMENTS
The applicant reviewed a copy of this report and provides the following
comments:
"We have 2 main areas of concern:
1. Page 4: Extra Height Floors: We strongly oppose the inclusion of
this issue in our application report.
Firstly and most importantly, is the effect of such a restriction
on the developability of this site. The Urban Design Panel
acknowledged that this property is located in a challenging area
between Downtown and Downtown South. They acknowledged the need
for flexibility of uses for the site and were supportive of
increased retail/commercial area over the Downtown South
guidelines. Council has also previously identified this area as a
"transition area" and encourage residential development of this
area.
This area of downtown needs upgrading. The key to getting the
upgrading accomplished is the flexibility to meet the demands of
the market willing to live in this area.
The Dominion Motors heritage building has been renovated and put
back into use as a vibrant and visually attractive element of
Seymour Street. Now a residential component is needed. This will
only happen if we have the flexibility to deliver what the market
is willing to accept in this area. Further, this is a difficult,
transitional site which will only be successfully developed in a
reasonable time frame if flexibility can be maintained.
Secondly, we wish to clarify that, contrary to what the report
states, we do not represent any third party interests in this
rezoning application.
APPENDIX D
Page 5 of 7
Thirdly, the Planning Department are suggesting that our property
carry a "restriction" which may or may not become a Council-adopted
policy at some point in the future. We feel it to be very
inappropriate that our application report contains a provision
which at this time has not been addressed in a global manner, by
Council.
Fourthly, in the last paragraph of this section, staff write of
their refusal of a Preliminary Development Permit application made
by a prospective purchaser of part of our property. The
Preliminary Development Permit submission was rejected because it
was not consistent with the staff position relative to counting of
floor-to-floor heights. We are concerned that submission of a
Preliminary Development Permit would be rejected because it did not
meet staff's position when Council has not yet had an opportunity
to decide upon what official City policy shall be. In addition,
because the application includes a heritage element, we do not see
why a Preliminary Development Permit cannot be dealt with.
2. Page 6: Development Cost levies (DCLs) and Public Art: As noted in
the staff report, "staff note that the setting of a Public Art
Contribution has been considered on a case-by-case basis for sites
involving heritage."
In view of the very substantial amount of money spent to renovate
the Dominion Motors building and in view of the fact that the
Vancouver Charter does not allow for waiving of DCLs on the
heritage bonus area, and in view of the fact that waiving Public
Art Contribution on this entire project would be consistent with
similar precedents involving Heritage buildings elsewhere in the
City, we ask that the requirements for Public Art Contribution be
waived for the entire rezoning.
In our calculations and negotiations of the heritage bonus, we did
not allow for payment of any levies in respect of the heritage
building or the bonus generated thereby.
Regarding the appendices we also have several comments:
APPENDIX A
Page 1 of 2: Uses: We do not understand the nature of the
restrictions on the Retail uses or Service uses as no restrictions
have ever been a topic of our discussions with the Planning
Department.
We reiterate the importance of maintaining flexibility.
APPENDIX D
Page 6 of 7
Page 1 of 2: Floor Space Rations: It is our understanding from our
discussions with the Planning Department that they would be
recommending up to 1 F.S.R. of retail or service uses. Cultural,
recreational or office uses would be over and above the 1 F.S.R. of
retail or service uses.
Again we strongly disagree with the provision that residential
floor areas with a ceiling height greater than 3.66 m shall be
counted twice for the purposes of calculating floor space ratio.
Page of 2 of 2: Parking and Loading: PARKING - Commercial: states
that the Dominion Motors Building would have a minimum requirement
for 47 spaces.* If the upper 2 floors are redeveloped as
residential area then this number would be reduced.
We point out that we have not been made familiar with Section 4.3.1
Area II or Section 4.1.9, on the proposed percentage reductions, so
we are unable to agree with what has been proposed. However, as
discussed, we are prepared to adhere to the requirements of the
Downtown South Parking By-law.
LOADING - Commercial: Since commercial is only a potential use at
this time, the requirements for 4 commercial loading spaces in
addition to the 2 already provided for the Dominion Motors Building
seems excessive.* We propose to provide a 1 loading stall on the
east side and 1 on the west side in addition to the 2 already in
existence.
APPENDIX B
Page 2 of 2: item VI: Regarding the replacement of the windows in
the heritage building, we are prepared to agree to install windows
which when viewed from the street will have a similar appearance to
those in the original building plans. The words "historical
accurate" may imply materials and construction which could be
injuriously costly to duplicate, and therefore we disagree with
this wording of the report.
Page 2 of 2: Item VII: Our earlier comments on Public Art levy
apply.
*Staff note that a review of these numbers indicate adjustments are
likely. Staff will meet with the applicant prior to the Public
Hearing.
APPENDIX D
Page 7 of 7
1 As there are no other issues related to subdivision,
the City Surveyor has agreed to change this
condition such that subdivision and/or consolidation
can occur at the development application stage [See
condition 3 (iii)].
2 These matters will be considerations at the
development permit stage.
APPENDIX C
Page 4 of 4: Landscape Resources: We wish to point out the
comments made by the Urban Design Panel who suggested that Downtown
South streetscape guidelines would be inappropriate for
retail/commercial uses at streetfront and therefore the rezoning
by-law should carry some flexibility in this regard.
Public Art Contributions: See previous comments.
APPENDIX D
Page 1 of 4: Engineering Services: It is our understanding that
these issues will be dealt with at the Development Permit stage and
not as part of by-law enactment. In the case of item (b) (Loading
spaces), item (c) (Parking spaces) and item (d) (Streetscape), our
earlier comments also apply."
APPENDIX E
Page 1 of 2
APPLICANT, PROPERTY, AND DEVELOPMENT PROPOSAL INFORMATION
APPLICANT AND PROPERTY INFORMATION
Street Address 901-67 and 940-90 Seymour Street
Legal Description Lots 24 to 38, Block 73 and Lots 5 to 19, Block 74, D.L. 541, Plan 210
Applicant Architectura Waisman Dewar Grout Carter Inc.
Consulting Richard Bernstein, Architectura
Architects
Property Owner D.V.M. Realty Limited
Developer Ashleigh Everett & Bruce Hamilton Royal Canadian Prop. Ltd.
Additional Interests Third party interest: Brad Holme (Pacific City Land Corp.)
Gerry Kennedy, Kasian Kennedy Design Partnership
SITE STATISTICS
GROSS DEDICATIONS NET
SITE AREA 8 355.1 m2 None 8 355.1 m2
DEVELOPMENT STATISTICS
RECOMMENDED
DEVELOPMENT PERMITTED UNDER PROPOSED DEVELOPMENT DEVELOPMENT
EXISTING ZONING (if different
than proposed)
ZONING DD; sub-area C [DODP] CD-1, based on sub-area L N/A
of DODP
USES Various - see DODP Various - see draft CD-1
By-law
DWELLING UNITS N/A N/A N/A
MAX. FLOOR SPACE 5.0, Maximum 3.0 residential West site 4.41 N/A
RATIO East site 6.71
MAXIMUM HEIGHT 91.4 m (300 ft.) w/relax to West site 64.3 m (211 ft.) N/A
137.2 m (450 ft.) (subject to view East site 91.4 m (300 ft.)
cone considerations which may
reduce the maximum possible
height)
RECOMMENDED
DEVELOPMENT PERMITTED UNDER PROPOSED DEVELOPMENT DEVELOPMENT
EXISTING ZONING (if different
than proposed)
PARKING 1 space per dwelling unit for 0.5 spaces for every
units 100 m2or less in size; or 2 dwelling unit less than
spaces per dwelling unit for units 65 m2 GFA in size, or a
greater than 100 m2 [Standard for min. of 1.0 space for
residential uses in this part of every dwelling unit
the Downtown District] greater than or equal to
65 m2 GFA in size, but
subject to a max. of 0.6
spaces for every dwelling
unit and one additional
space for every 100 m2 of
GFA, or 2.3 spaces per
dwelling unit, whichever
is the lesser [Downtown
South Standard]
WHI\003-2777.COV