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