PUBLIC HEARING - December 14, 1995

1. TEXT AMENDMENT: 572 BEATTY STREET (International Village) The proposed amendments to CD-1 Comprehensive Development District By-law No. 6747 would: - increase the maximum permitted number of residential units to 1400 from 800, by creating smaller units and by converting permitted commercial and hotel space to residential use; - change the mix and location of social housing, including payment-in-lieu for non-family units; - change the form of development and add a new tower on Parcel E; - revise view corridors through the site; - increase the height of all towers, all within the existing maximum height limit of 91 m (300 ft.); - adjust parking standards; and - require consequential amendments to the False Creek North Official Development Plan, and to the Sign By-law. Applicant: International Village Architects, on behalf of Henderson Developments (Canada) Ltd. Recommended Approval: By the Director of Land Use and Development, subject to the following conditions proposed for adoption by resolution of Council: FORM OF (a) THAT a revised form of development for International Village DEVELOPMENT be approved by Council in principle, generally as shown on the plans stamped "Received City Planning Department March 23, 1995 and as revised in supplementary drawings received July 31, 1995", having specific regard to the siting of the buildings, development of the ground plane, general building heights and massing, providing that the Director of Planning may allow alterations to this form of development when approving the detailed scheme of development with guidance from (b) and (c) below; DESIGN (b) THAT the proposed design guidelines entitled "International GUIDELINES Village CD-1 Guidelines" dated November 1995, be adopted by resolution of Council at the time of enactment of the CD-1 By-law; and that existing design guidelines entitled "International Village CD-1 Guidelines" dated October 1990, be rescinded. DEVELOPMENT (c) THAT prior to the final approval by Council of the detailed APPLICATIONS form of development for each portion of the project, the applicant shall obtain approval of a development application by the Director of Planning who shall have regard to design guidelines approved under (b) and particular regard to the following: - reviewing the design of the tower on Parcel E to ensure that it minimizes impacts on the adjusted view corridor to The Lions from Creekside Park, including view analysis to be submitted by the applicant documenting potential impacts, if any; - reviewing the design of the podium level courtyard areas for the non-market and market housing on parcels A, B, D, E and F to ensure adequate access to sunlight, adequate visual and physical separation between different users and adjacent streets and/or lanes; and - reviewing the design and public access to the marketplace on Parcel E to ensure that small scale shop frontages and pedestrian interest along the sidewalks are maximized, the diagonal pedestrian access way through it responds to the general alignment of the former rail R.O.W. to the north, that a significant public activity space is provided centrally located in the market place, and public access is maintained during normal shopping hours. ENERGY (d) THAT Council require the provision of low flow toilets, shower EFFICIENT heads and faucets as standard features in International FEATURES Village, as and when required by the Plumbing By-law; AGREEMENTS (e) THAT prior to enactment of the CD-1 By-law amendment, the property owner shall, at no cost to the City: NON-MARKET (i) Modify existing agreements satisfactory to the City HOUSING Manager of Legal Services, by which sufficient parcels ON- SITE shall be conveyed to the City for the non-market housing to be constructed within the site, at a price acceptable to City Council. Such parcels are for such non-market housing programs or initiatives as City Council may generally define or specifically approve from time to time, and the agreement may require the property owner to design and build the non-market housing; NON-MARKET (ii) Execute an agreement satisfactory to the Director of HOUSING PAYMENT- Legal Services and the City Manager, providing for a IN- LIEU payment, either by lump sum or otherwise, in lieu of non-family non-market housing facilities on site, in the following amount: a) $____ million; plus b) an amount representing a monthly inflation factor to reflect increases in the cost of living from the date of enactment to the date of final payment on the outstanding balance from time to time. PARK (iii) Execute an agreement satisfactory to the Director of PAYMENT- Legal Services and the City Manager, providing for a IN-LIEU payment, either by lump sum or otherwise, in lieu of park facilities in the following amount: a) $____ million; plus b) an amount representing a monthly inflation factor to reflect increases in the cost of living from the date of enactment to the date of final payment on the outstanding balance from time to time. COMMUNITY (iv) Modify the existing legal agreement, satisfactory to FACILITIES the Director of Legal Services, the General Manager of AGREEMENT Parks and Recreation and the City Manager to ensure MODIFICATION that fully finished (i.e., ready for immediate occupancy) community space is provided in the school at no cost to the City or School Board; delivery of the completed facility shall be accomplished within the time limited therefor by the City; if for some reason the School Board does not construct a school, an equivalent community facility will be provided. DAYCARE (v) Modify existing agreements, satisfactory to the FACILITIES Directors of Legal Services and Social Planning, and the Managers of Real Estate Services and Facilities Development, to ensure that one fully finished, furnished and equipped (i.e., ready for immediate occupancy) daycare facility including outdoor play space and required underground parking, are provided and conveyed to the City at no cost. The facility and outdoor space shall be developed at a location acceptable to the Director of Social Planning and Managers of Real Estate Services and Facilities Development, and shall comprise a minimum of 465 gross m› of fully finished, furnished, equipped and supplied (i.e. ready for immediate occupancy) indoor space and 465 m› of immediately adjacent fenced and equipped outdoor play space for the daycare, and must meet all requirements for community care and daycare facilities and the licensing thereof, comply with the Childcare Design Guidelines, and be satisfactory to the Director of Social Planning, and Managers of Real Estate Services and Facilities Development. Delivery of the completed facility shall be accomplished within the time limited by the City; TEMPORARY (vi) Execute an agreement, satisfactory to the Directors of DAYCARE Legal Services and Social Planning, to ensure that AGREEMENT should development of sufficient family housing projects proceed before the permanent daycare site is available, that require an on-site daycare facility, that a temporary facility is provided at no cost to the City, and at a location acceptable to the City, and that meets the standards noted in (v) above. DAYCARE (vii) The property owner shall make a payment of $40,000 in PAYMENT lieu of constructing additional childcare facility space, for contribution to the City Childcare Endowment Fund; SERVICES (ix) Modify the existing International Village Services GREEMENT Agreement, to the satisfaction of the General MODIFICATION Manager of Engineering Services and the Director of Legal Services, to ensure that any additional on-site and off-site works and services, required as a result of the revised development scheme on the subject site are designed, constructed, and installed at no cost to the City. EXISTING (x) Amend and/or release all existing covenants and rights- COVENANTS of-way to address the proposed development, to the satisfaction of the Director of Legal Services; and Where the Director of Legal Services deems appropriate, the precedent agreements are to be drawn, not only as personal covenants of the property owner, but also as covenants which charge and run with the land. The Director of Legal Services may require the preceding agreements to be registered in the Land Title office, prior to enactment of the by-law, but in any event, the City will not issue any development permits, and the property owner shall not seek the issuance of any development permit relating to the site prior to the registration of the preceding agreements; such agreements are to have priority over those liens, charges and encumbrances as considered advisable by the Director of Legal Services. The required agreements shall provide security to the City including indemnities, warranties, options to purchase, no development covenants, equitable charges, letters of credit, and withholding of permits, as considered advisable by, and in a form satisfactory to, the Director of Legal Services. The timing of all required payments shall be determined by the appropriate City official having responsibility for each particular agreement, who may consult other City officials and City Council. The property owner will confirm, in form satisfactory to the City, that it is the legal and beneficial owner of the site; or, if not, the property owner will cause the beneficial owner to agree that the beneficial owner has knowledge of all the transactions, gives its consent and is bound by all agreements, and evidence of such shall be provided to the City. Further, all legal costs expended by the City in being satisfied as to ownership of the site and as to the involvement of any beneficial owner (including retaining outside counsel to undertake investigations and prepare agreements and certificates) will be the responsibility of the property owner. If dates are established for enactment which in the opinion of the Director of Legal Services would require increased resources within the Law Department, or which require, in the opinion of the Director of Legal Services, the retaining of outside counsel, reimbursement for these costs will be required from the property owner.