Development Permit Staff Committee Report for the Development Permit Board
550 Burrard Street - DE405804 - Zone CD-1
(Complete after Preliminary)
(For: Monday, July 23, 2001)

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Index

Development Permit Staff Committee Members
Applicant
Executive Summary
Development Permit Staff Committee Recommendation and Major Conditions
Technical Analysis
Background
Response to Phase 1 (Complete after Preliminary) Conditions
Other Items
Conclusion
Urban Design Panel
Engineering Services
Processing Centre-Building
Vancouver/Richmond Health Board
Fire and Rescue Services
Notification
Development Permit Staff Committee Comments
Appendix A - Standard Conditions
Appendix B - Standard Notes and Conditions of Development Permit

Back to Agenda

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DEVELOPMENT PERMIT STAFF COMMITTEE MEMBERS:

Present:	Also Present:
Present:  May 30, 2001: B. Boons (Chair), Development Services M. Thomson, Engineering Services A. Bancroft-Jones, Real Estate Services T. Driessen, Parks & Recreation M. Mezaros, Development Services	R.R. Segal, Planning Department T. Ng, Development Services R. Waite, Engineering Services P. Pinsker, Engineering Services S.Harvey, Cultural Affairs

APPLICANT:	OWNER OF DEVELOPMENT:
Musson Cattell Mackey Partnership #1823 - Two Bentall Centre Vancouver, BC V7X 1M9	Bentall Corporation #1800 - Four Bentall Centre 1055 Dunsmuir Street Vancouver, BC V6C 1A8

Executive Summary

Proposal: To construct the top 11 storeys of a 33-storey office tower, a 2-storey, Class 1 restaurant (pavilion) building, and a permanent plaza. This is Phase 2 of a two-phased, office tower development.

See Appendix A - Standard conditions
Appendix B - Standard Notes and Conditions of Development Permit
Appendix C - Plans and elevations
Appendix D - Applicant's design rationale
Appendix E - Letter from Bentall to YWCA: Daycare Protection Measures

(APPENDICES C - E ARE NOT INCLUDED - COPIES OF THE FULL REPORT MAY BE OBTAINED FROM THE PLANNING DEPARTMENT)

Issue:
1. Details of Plaza Design

Urban Design Panel: Support

Development Permit Staff Committee Recommendation: Approve

THAT the Board APPROVE Development Application No. 405804 as submitted, the plans and information forming a part thereof, thereby permitting the construction of the top 11 storeys of a 33-storey office tower, a 2-storey, Class 1 restaurant (pavilion) building, and a permanent plaza, subject to the following conditions:

1.0 Prior to the issuance of the development permit, revised drawings and information shall be submitted to the satisfaction of the Director of Planning, clearly indicating:

1.1 design development to the plaza in consultation with the artist;

(i) to diminish the extent of planting of, and lower, the berm to decrease the sense of separation between sidewalk and plaza and to better engage the fountain feature with the plaza;
(ii) to incorporate some additional permanent public seating designed specifically for the particular location within the plaza area to augment proposed portable tables and chairs;

1.2 consideration given to the maintenance requirements of the surface material in the "grove of trees" area at the Burrard/Dunsmuir corner (compacted granular stone) that will deal with the heavy pedestrian flow anticipated through this zone, noting that extensive upkeep of this material would be needed;

Note to Applicant: Although not anticipated, if any substantive changes to the design of public art occur as a result of 1.1 and 1.2 above, these will be forwarded for review by the Public Art Committee.

1.3 design development to the restaurant pavilion to:

(i) widen the glass canopy on both the plaza and Dunsmuir frontages to increase rain protection;

(ii) lower to planter height, the north end of the concrete lane wall that extends beyond the pavilion glazed volume (where it is visible from the plaza) and introduce a decorative metal screen to match those of the ‘Y' arcade.

2.0 That the conditions set out in Appendix A be met prior to the issuance of the Development Permit.

3.0 That the Notes to Applicant and Conditions of the Development Permit set out in Appendix B be approved by the Board.

TECHNICAL ANALYSIS

	PERMITTED (MAXIMUM)	REQUIRED	PROPOSED
Site Size	-	-	Irregular
Site Area	-	-	approx. 64,200 sq.ft.
Floor Area	634,357 sq.ft.	-	Phase 1 and Phase 2 Total 634,354 sq. ft.
Height1	450.0 ft.	-	top of roof slab 430.5 ft. top of mechanical penthouse 451.7 ft. top of outer roof screen 453.6 ft. top of roof cap 460.8 ft.
Parking2	Office, retail and restaurant 589	Office, retail and restaurant 512 YWCA 50 Public Parking 400 Total 962	Office, retail and restaurant 515 YWCA 50 Public Parking 400 Total 965
Loading3	-	Class A            - Class B           24	Class A            10 Class B              7
Bicycle4	-	Class A: 78 Class B: 12	Class A: 78 Class B:   6
Amenity5	56,099 sq.ft.	-	YWCA 53,854 sq. ft. Lunchroom & Bicycle Change Room 2,107 sq. ft. Total 55,961 sq. ft.

¹ Note on Height: In accordance with Sections 10.11.1 and 10.11.2 of the Zoning and Development By-law, mechanical appurtenances and a decorative roof may exceed the maximum height specified in the By-law. Staff support the additional height for the decorative roof cap, including screen, as it appropriately integrates the mechanical appurtenances and enhances the overall appearance of the building.

² Note on Parking: The proposed parking is based on drawings submitted as part of DE405634, which has been approved but not yet issued a permit. The number of parking spaces proposed exceeds the minimum requirements but needs to be confirmed (see Appendix B, Note to Applicant B.1.4).

³ Note on Loading: The loading requirement is based on the office tower, including some ground floor retail use, the restaurant (pavilion) building and the YWCA building. Engineering Services is satisfied that the 10 Class A and 7 Class B loading spaces will adequately meet the loading requirements of the proposed development in its entirety, including the YWCA building.

⁴ Note on Bicycle Spaces: Prior-to condition A.1.2 seeks the provision of bicycle spaces in compliance with Section 6 of the Parking By-law.

⁵ Note on Amenity Floor Area: The YWCA building, including child daycare centre, as approved under Development Permit Numbers DP215364 and DP217676, contains a floor area of 53,854 square feet which is excluded from floor area calculations under Section 3.1(b) of the CD-1 By-law. The balance of the amenity space, amounting to 2,107 square feet, was approved under Development Permit Number DE404803 for the Phase 1 portion of this development.

Legal Description Lot: G Block: 30 Plan:  LMP49447 District Lot:  541

History of Application 00 05 15 Approved in Principle 00 06 13 Form of Development approved by Council 01 01 08 Phase 1 approved by DP Board 01 05 07 Parkade expansion approved by Director of Planning 01 05 08 Complete DE submitted for Phase 2 01 05 30 Urban Design Panel 01 07 11 Development Permit Staff Committee

Site: The site is located at the northeast corner of Burrard and Dunsmuir Streets. It comprises the existing YWCA fronting on Hornby Street.

Context: Significant adjacent development includes:

(a) Burrard LRT Station
(b) Park Place
(c) Le Soleil, a 14-storey hotel
(d) YWCA, including rooftop daycare
(e) ManuLife Building
(f) 401 Burrard Street (former Customs House), an office tower under construction
(g) Bentall 1 and 2

 

 

Background: Subsequent to the Board's approval of Phase 1 on January 8, 2001, a development application (DE 405634) to expand the existing underground parkade to the Burrard/Dunsmuir corner was received and approved by the Director of Planning on May 7, 2001.

Staff and the applicant have met to discuss responses to the Phase 1 "prior to" conditions. Staff also met with the applicant, landscape architect and the chosen artist in April 2001 to discuss programming for the public art and its incorporation into the plaza design.

Response to Phase 1 (Complete after Preliminary) Conditions:

1.1 design development to upgrade and more strongly differentiate the materials of the tower podium from that of the ‘Y';

Note to Applicant: The concrete indicated on the north podium elevation is not acceptable. Proposed limestone panels should be reconsidered in favour of a more distinct masonry finish.

The podium's materials have been upgraded throughout to a granite panel. The condition is met.

1.2 design development to simplify and make more direct the pedestrian link from the ‘Y' arcade to Burrard Street and the plaza;

The tower lobby plan has been adjusted to carry through the alignment of the ‘Y' arcade. The condition is met.

1.3 design development to strengthen the prominence of the tower entrance and to emphasize its orientation to Burrard Street;

Adjustments to the lobby, incorporation of a prominent canopy structure and treatment of the plaza surface patterning which carries uninterrupted through the lobby from the Burrard Street property line all address this concern. The condition is met.

1.4 design development to the plaza edge details to enhance the definition of the Burrard and Dunsmuir Street sidewalk interfaces to provide a high quality Public Realm;

Note to Applicant: High quality finishes to the low planter walls and pathway surfaces should be indicated, noting that this temporary plaza could be in place for some time.

The revised permanent plaza design incorporating public art addresses this condition (see • Other Issues: Plaza Design, p.6).

1.5 design development to simplify the juncture of tower to ground on Burrard Street by eliminating the proposed planter and emphasizing the sculptural strength of the base plane;

The public art component proposes a linear water feature along the base of the tower. The condition is met.

1.6 consideration given to relocating the amenity room away from the mechanical equipment on the third level roof;

The amenity (lunch) room has been relocated to face away from mechanical equipment. The condition is met.

1.7 confirmation of the glass specifications on the drawings to be consistent with the samples submitted, or to be of a lighter and more transparent quality, satisfactory to the Director of Planning;

Glass specifications and an updated sample consistent with the samples presented at preliminary stage have been submitted. Staff are satisfied the intent to provide a highly transparent, light coloured tower glazing system has been achieved. The condition is met.

1.8 submission of written confirmation that the applicant and the YWCA ("Y") have discussed acceptable protocols to be followed during construction, to deal with the health and safety concerns of the children and instructors at the daycare and to ensure WCB and daycare licensing conditions affecting the daycare are in compliance;

Staff have spoken to a "Y" representative who has confirmed the "Y" is satisfied with the measures for Phase 1 indicated in Bentall's January 5, 2001 letter (Appendix E). Condition A.1.7 seeks confirmation that these measures will be adhered to in Phase 2. The condition is met.

Other Items:

Plaza Design: The incorporation of public art into the plaza design has added a handsome feature to the public realm. The linear water "trough" along a portion of the Burrard Street plaza frontage, extending north across the curving base of the tower will enhance pedestrian interest as will, of course, the impressive fountain/waterfall consisting of various tiers of granite and jade over which water flows. Staff have three comments on the overall public art/landscape composition:

• The heavily landscaped berm forming the backdrop to the fountain appears to be higher and denser than needed, cutting off visual connection from the sidewalk to the plaza area behind and, further, denying plaza users the experience of the fountain. Staff recommend a less aggressive planting array and lowering of the berm to diminish the sense of separation between plaza and sidewalk and to allow the fountain to be visible to, and engage the plaza users as well as the pedestrians on the sidewalk [condition 1.1(i)];

• Generous seating is a typical component of successful public spaces in Vancouver. The applicant has stated the intent of placing portable tables and chairs out in the plaza to augment the linear seating edge of the berm. While this arrangement can work well, assuming Bentall's high performance record on its existing plazas continues on this plaza, Staff believe some further permanent seating is needed. Staff recommend the incorporation of specifically designed permanent public seating (the product of the continued collaboration of the artist and the landscape architect) in several areas of the plaza that is identifiable as open seating for the casual users of the plaza, in addition to the portable outdoor tables and chairs indicated [condition 1.1 (ii)];

Note: The above portable and permanent seating is over and above the tables and chairs adjacent to the pavilion that will serve restaurant patrons.

• The proposed compacted granular stone defining the grove of trees at the Burrard/Dunsmuir corner will require constant upkeep. However, the notion of this surface as a more naturalistic setting for the trees is appreciated. The heavy pedestrian traffic that can be anticipated through this corner and which should be encouraged, will require a strong commitment by the owner to the continuous grooming of this area. Given Bentall's high standard of maintenance on its plazas, Staff are satisfied this material is acceptable. Condition 1.2 asks that consideration be given to the upkeep needed;

Restaurant Pavilion: Several details of the pavilion should be improved as follows:

• The canopy depth should be increased to approximately 10 ft. or more on both the plaza and Dunsmuir sides to achieve more extensive rain protection [condition 1.3(i)];

• The exposed concrete wall extending past the north end of the glazed pavilion should be lowered to planter height and a decorative metal screen to match those of the ‘Y' arcade inserted to shield the lane from the plaza [condition 1.3(ii)].

Conclusion: Staff consider the design to have evolved appropriately from the preliminary and Phase 1 complete stages and recommend approval, subject to refinements to details of the plaza and pavilion design.

URBAN DESIGN PANEL

The Urban Design Panel reviewed this application on May 30, 2001, and provided the following comments:

"EVALUATION: SUPPORT (7-0)

Introduction Ralph Segal, Senior Development Planner, referencing the two models and panels posted, introduced the application for 550 Burrard Street (Bentall V). Information was relayed regarding the application's history, and concerning its public art element. As well, a review of the Panel's comments at the project's initial consideration was provided.

The Panel's comments were sought with respect to the public realm elements of the project, including how the building edge contributes to the pedestrian experience, and concerning how the landscaping in the planter area impacts views. It was noted that staff are generally very supportive of the project.

Brian Newson, City of Vancouver Public Art Program, provided information regarding Council's direction to staff with respect to public art, concerning this project's collaborative efforts between artists, architects and landscape architects to design its public art element, and regarding the process used to select an artist for this project. Mr. Newson advised that the scheme presented has been reviewed and endorsed by the Public Art Committee.

Applicant's Opening Comments Alan Whitchelo, Bentall, Mark Thompson, MCM Architects, and Chris Sterry, Phillips, Wouri & Long, joined the Panel for consideration of this item.

Mr. Thompson, referencing the model, discussed factors that influenced the site's public art design, including the site's increasing grade, the importance of allowing pedestrians free movement throughout the site, and to address visibility and accessibility issues, both into the site and for the retail on the ground floor.

Information was then provided on the detailed design elements of the project, including the incorporation of a significant water feature with an elevated centre piece and the building materials that will be used. Mr. Thompson further commented regarding the project's references to the historic natural landscape of this site, the ground plane materials, and concerning measures taken to ensure the accessibility of the entrance.

Mr. Chris Sterry discussed details of the front entry canopy and the mezzanine aspect of the project which was designed to reference and enhance the animation of the plaza. Comments were also made concerning design features incorporated to hide mechanical units, and regarding landscaping elements, and public seating in the plaza.

In response to questions, the applicant commented regarding shadow impacts on the plaza at different times of the day and year, intended use of the plaza building, planting scheme, visibility issues considered in the design of the plaza, sources of passive security on the site, and regarding circulation of the water element.

The Panel reviewed the model and posted materials.

Panel's Comments Panel members were generally supportive of the changes made to the application since the preliminary, and noted their appreciation that it had come back as a full tower rather than a phased project. Some minor concerns were expressed however, with regard to the juncture and the detailing of the tower meeting the water feature in the plaza.

With respect to the plaza, Panel members noted their support and appreciation of its incorporation of the public art element and for the direction and sophistication of the overall design. Some members favoured the planting design, while others thought it was too neutral, it was noted that the design does obscure the food pavilion seating from Burrard. It was suggested that a restaurant, rather than a food pavilion, in this location would add a lot of sophistication and animation to the site at various times of day.

Several members indicated, concerning the corner planting, that the replacement of a single tree specimen by an anonymous grove is not a strong enough statement and the use of compacted granular materials in this location was cautioned against given its usage.

Concerning the green jade historical reference to a stream on this site, it was suggested that it could have a stronger finish and marking. Also, several members commented that the proposed location of bus shelters is in direct conflict with the building's architecture and canopies and that any bus shelter located in close proximity to the water fountain would be negatively viewed.

Panel members generally appreciated the quality of the presentation and the design of the area along Burrard Street, notwithstanding some comments regarding the pavilion along Dunsmuir with comments on how to make it a stronger edge and focus on the approaching view of the corner from east to west along Dunsmuir.

The Panel indicated its unanimous support for the application.

Applicant's Response
The applicant thanked the Panel for its comments and advised that most of the comments submitted are concerning issues that the applicant has also grappled with and will continue to do so as the project develops."

ENGINEERING SERVICES

The recommendations of Engineering Services is contained in the prior-to conditions noted in Appendix A attached to this report.

PROCESSING CENTRE - BUILDING

This Development Application submission has not been reviewed for compliance with the Vancouver Building By-law (VBBL). The applicant is responsible for ensuring that the design of the building complies with the VBBL requirements. The options available to assure Building By-law compliance at an early stage of development should be considered by the applicant in consultation with Processing Centre - Building staff.

To ensure that the project does not conflict in any substantial manner with the Building By-law, the designer should know and take into account, at the Development Application stage, the Building By-law requirements which may affect the building design and internal layout. These would generally include: spatial separation, fire separation, exiting, access for physically disabled persons, type of construction materials used, fire fighting access and energy utilization requirements.

Based on a preliminary review of the drawings, no major issues have been identified. The applicant is reminded, however, to review the following:

(ii) exiting, to ensure that exits meet remoteness criteria; and

(iii) areas of refuge, to ensure that fire separations are provided where required.

Please note that the above items do not represent a complete building code review of this proposed project. A complete review will be required prior to issuance of a building permit.

ENVIRONMENTAL PROTECTION BRANCH

This site is subject to an approved remediation plan and therefore, there are no "holds" related to this development application. However, an Occupancy Permit will not be issued until the remediation plan has been implemented and a Confirmation of Compliance certificate has been issued by the Ministry of the Environment. In addition, the Confirmation of Compliance must verify that those areas of the site being dedicated to the City as road, have been remediated to a residential standard, as described in the Contaminated Sites Regulation.

An erosion and sediment control plan must be submitted along with the Building Permit application for this site.

VANCOUVER/RICHMOND HEALTH BOARD

The Health Board advised that the applicant should take note of the following:

(i) an adequate, conveniently located garbage storage area should be provided; and

(ii) detailed drawings of food/retail spaces should be submitted for review by the Health Board for compliance with Vancouver Health By-law No. 6580 and the Food Premises Regulations prior to construction.

FIRE & RESCUE SERVICES

Fire & Rescue Services have accepted the fire fighting access in principle and have cleared this application for development permit issuance.

NOTIFICATION

Two signs have been erected on the site since February 22, 2000. In addition to notification letters being sent out as part of the review of the Phase 1, complete application submission, another 153 letters were sent to neighbouring property owners to notify them of this complete, Phase 2 application submission.

Only one response has been received to date. While not objecting to the proposed development, the author was concerned with the implications and impacts this development would have on the redevelopment of the site located across the lane, at the northwest corner of Dunsmuir and Hornby Streets (currently "The Marc" building). In particular, the author was concerned that the exit from the underground parking from the development site, being across the lane from this other site, would make locating an access to off-street parking, loading and other such functions, for any future development on this other site more difficult.

Staff Response: With respect to the parkade exit ramp location Staff note this location has been approved in two previous rezonings and Development Applications on this site and was reviewed and approved again in this application. Staff believe that, as it serves exiting vehicles only, potential conflicts with a future development on "The Marc" site are within acceptable parameters.

DEVELOPMENT PERMIT STAFF COMMITTEE COMMENTS:

In reviewing this complete application for Phase 2 of the Bentall 5 office tower development, the Staff Committee noted that the earlier preliminary and Phase 1 conditions that impact this proposal have been met. The design of the tower, pavilion, and plaza and the integration of public art into the plaza design were all seen as positive responses.

The Committee agreed with Staff's concern that the bermed planter should be lowered and a reduction in the extent of the planting be pursued. The possibility of providing pedestrian access to the water feature on the plaza side was suggested by one Committee member.

The Staff Committee was also concerned with the compacted crushed granite material at the Burrard/Dunsmuir Streets corner of the plaza. Although the material itself was considered an interesting, natural element and a complement to the granite paving and overall design, issues over dust, spill-out, maintenance, etc. also needed to be considered. Ultimately, the Committee members agreed to accept the material, noting that Bentall Corporation has historically provided the high level of maintenance to their plazas that this material may require.

With the conditions of approval associated with the plaza, and in particular, the public art component of the plaza, it was understood that the artist would need to be re-engaged and that any revised plaza and public art design brought back to the Public Art Committee, as required. Staff would assist the applicant through any subsequent public art review process, should that be necessary.

The Staff Committee recommends approval of this complete application, subject to the conditions contained within this report.

APPENDIX A - STANDARD CONDITIONS

The following is a list of standard conditions that must also be met prior to issuance of the Development Permit.

A.1 Standard Conditions:

A.1.1 confirmation in writing, that there are no changes proposed to either the underground parking levels or floor levels 1 through 23, as approved with conditions under Development Permit Application Number DE405634 (for the expansion of the underground parking levels) and approved under Development Permit Number DE404803 (for the Phase 1 office tower), except for interior alterations to finish levels 22 and 23, being the top two floors of the Phase 1 development and alterations to the outdoors areas at grade;

Note to Applicant: The level 4 roof terrace elevation is inconsistent between the level 4 floor plan and context plan.

A.1.2 compliance with Section 6 (Off-street Bicycle Space Regulations) of the Parking By-law;

Note to Applicant: A total of 12 class B bicycle spaces are required: six (6) for office uses and six (6) for retail/restaurant uses.

A.1.3 provision of details for curtain wall types 1 and 2, as noted in the exterior finish "Materials Key" for the office tower;

A.1.4 provision of details for the pavilion building canopy and roof trellis;

A.1.5 provision of design elevations for the upper and lower (i.e., south and north), top of roof points for the sloped roof of the pavilion building;

A.1.6 provision of consistent information between floor plans, building sections and elevation drawings for the pavilion building;

Note to Applicant: Please ensure that the roof of the pavilion building, including the projection distance from the building face, is accurately depicted on the second floor plan, building sections, and south elevation drawing;

A.1.7 submission of written confirmation that the adopted construction safety measures and protocols for Phase 1 relating to the health and safety of the YWCA daycare children and staff and the adherence to WCB requirements, as outlined in the letter from Bentall Development Services and addressed to the YWCA, dated January 5, 2001, will be extended to include this Phase 2 development;

A.1.8 confirmation of the lower top of parapet elevation for the tower cap element;

Note to Applicant: The parapet elevation is given as 608 feet 6 ½ inches on the roof plan, whereas on the context plan, it is given as 608 feet 6 inches.

A.1.9 clarification of the following:

(a) the use or purpose of the desk/counter shown in the office lobby of the ground floor plan;

(b) the use or purpose of the gated outdoor seating area off the pedestrian arcade, adjacent the lane, on the ground floor plan;

(c) the bracketed notation, "23 FL.," found after the core wall dimensions on the levels 28-34 floor plan and level 34 core plan;

(d) the direction of travel (up) for stair no. 2 on the level 34 core plan, noting the roof and mechanical room plan for the next level above does not show a stair no. 2;

A.1.10 illustration of building section lines on the tower floor plans;

Landscaping Conditions:

A.1.11 submission of detailed sections and elevations through the berm and water features indicating wall heights, materials, seating edges, stairs, etc., including details to prevent skateboarding on planter wall edges;

A.1.12 submission of a plaza lighting plan;

Safety and Security (CPTED) Conditions:

A.1.13 design development to reduce opportunities for graffiti in the lane; and

Note to Applicant: Graffiti is prevalent in the downtown and its removal is an expense to building owners and strata councils. Opportunities for graffiti can be mitigated by reducing areas of exposed wall, by covering these walls with vines in pockets on lane property, hedges, rough finish material such as brick or by using a protective coating material. Please contact Helen Chomolok, Graffiti Coordinator, at 873-7927 for further information and resource.

A.1.14 design development to the parkade exit door on Dunsmuir Street (next to lane) to maximize glazing for visibility into the stair, consistent with the VBBL.

A.2 Standard Engineering Conditions:

A.2.1 clarification of garbage storage and pick-up facilities for the pavilion building, to the satisfaction of the General Manager of Engineering Services; and

A.2.2 arrangements shall be made, to the satisfaction of the General Manager of Engineering Services and Director of Legal Services, for the canopy encroachment over City property.

A.3 Standard Vancouver/Richmond Health Board Condition:

A.3.1 confirmation is supplied by the applicant that mechanical equipment (ventilators, generators, compactors) will be designed and located to minimize noise impacts on the neighbourhood and comply with Noise By-law No. 6555.

APPENDIX B - STANDARD NOTES AND CONDITIONS OF DEVELOPMENT PERMIT

B.1 Standard Notes to Applicant:

B.1.1 The applicant is advised to note the comments of the Processing Centre - Building and Vancouver/Richmond Health Board contained in the Staff Committee Report dated July 11, 2001. Further, confirmation that these comments have been acknowledged and understood, is required to be submitted in writing as part of the "prior-to" response.

B.1.2 It should be noted that if conditions 1.0 and 2.0 have not been complied with on or before October 15, 2001, this Development Application shall be deemed to be refused, unless the date for compliance is first extended by the Director of Planning.

B.1.3 This approval is subject to any change in the Official Development Plan and the Zoning and Development By-law or other regulations affecting the development that occurs before the permit is issuable. No permit that contravenes the by-law or regulations can be issued.

B.1.4 This approval is also based on the approval of Development Application Number DE405634. Should this application be withdrawn or the minimum parking requirements not be met, then alternative arrangements must be made to the satisfaction of the General Manager of Engineering Services, prior to the issuance of a development permit for this application.

B.1.5 Revised drawings will not be accepted unless they fulfill all conditions noted above. Further, written explanation describing point-by-point how conditions have been met, must accompany revised drawings. An appointment should be made with the Project Coordinator when the revised drawings are ready for submission.

B.1.6 A new development application will be required for any significant changes other than those required by the above-noted conditions.

B.1.7 Please refer to the Planning By-law Administration Bulletin titled, "Liquor Licences," for any new liquor licensed outlet other than a Class 1 restaurant, for which the pavilion is approved.

B.1.8 This site is affected by a public art agreement, a daycare agreement, an open space agreement (for the plaza), and a City (public) parking spaces agreement. The contents of these agreements may affect the issuance of building permits or occupancy permits for the development. Please refer to the encumbrances on the Legal Title for the development site for details.

B.2 Conditions of Development Permit:

B.2.1 The approved loading/unloading space and Class B bicycle parking spaces shall be provided in accordance with the relevant requirements of the Parking By-law within 60 days of the date of issuance of any required occupancy permit or any use or occupancy of the proposed development not requiring an occupancy permit and thereafter permanently maintained in good condition.

B.2.2 All approved street trees shall be planted and all landscaping and treatment of the open portions of the site shall be completed in accordance with the approved drawings within six (6) months of the date of issuance of any required occupancy permit or any use or occupancy of the proposed development not requiring an occupancy permit and thereafter permanently maintained in good condition.

B.2.3 The open space agreement for the public plaza, and especially the extent of the open area, is to be amended to reflect the differences between this Phase 2 development and the earlier Phase 1 development, approved under Development Permit No. DE404803, prior to the issuance of any required occupancy permit or any use or occupancy of the proposed Phase 2 development not requiring an occupancy permit.

B.2.4 Any phasing of the development, other than that specifically approved, that results in an interruption of continuous construction to completion of the development, will require application to amend the development to determine the interim treatment of the incomplete portions of the site to ensure that the phased development functions are as set out in the approved plans, all to the satisfaction of the Director of Planning.

B.2.5 This site is affected by the Development Cost Levy By-law No. 8149. Levies will be required to be paid prior to issuance of Building Permits.

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