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]






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