Extract from July 6/99 Council re I-3 Rezoning

REGULAR COUNCIL MEETING - JULY 6 & 8, 1999
U/B-2

2. I-3 (High Technology) Rezoning File: 1401-6

At the reconvened Public Hearing on I-3 zoning held on July 5, 1999, City Council finished hearing from the public and also heard the concluding comments made by civic staff. Council then referred its decision to the Regular Council meeting of July 6, 1999, as unfinished business.

Councillors Chiavario, Herbert, Puil and Sullivan were not eligible to vote on this item. Councillor Chiavario had departed at the commencement of the previous item; Councillor Sullivan left the Chamber at the commencement of this item. Councillors Herbert and Puil remained in the audience, but took no part in the discussion or vote.

MOVED by Cllr. Clarke,

A. THAT By-law No. 3575 be amended to create a new I-3 High Technology District Schedule by inserting after the I-2 District Schedule, the I-3 District Schedule, as set out in Schedule A of the draft I-3 District Schedule by-law posted at the Public Hearing dated April 13, 1999.

B. THAT Sections 2 and 9 of By-law No. 3575 be amended as follows to establish a definition for "Information Technology" and related amendments:

2. Section 2 of By-law No. 3575 is amended

(a) by inserting as the next entry after the definition for "Housekeeping Unit" the following:

"Information Technology means the development or production of computer software, and the design or research of computer, electrical, electronic or communications equipment, and similar products;"

(b) in the use definitions commencing with the words "Office Uses" by deleting the definition for "General Office" and substituting the following:

"General Office, which means the use of premises for any office use, including information technology and desktop publishing, but does not include Financial Institution or Health Care Office;"

- 2 -

(c) in the use definitions commencing with the words "Service Uses" by deleting the definition for "Laboratory" and substituting the following:

"Laboratory, which means the use of premises not providing service directly to the public for the provision of analytical, research, or testing services, including biotechnologies and energy and environmental technologies, but does not include Photofinishing or Photography Laboratory;"

3. Section 9 is amended in the column headed by the word "Industrial" by inserting as the next entry after the symbol "I-2" the following:

"I-3".

C. THAT the Parking By-law 6059 be amended as follows to establish different parking standards for the Bentall site (2950 East Broadway) and the remainder of the I-3 area:

4.2.6.4

The following uses in the I-3 District: manufacturing, office; laboratory; production or rehearsal studio; utility and communication; transportation and storage; wholesale; and work shop

A minimum of one space for each 57.5 square metres of gross floor area, and a maximum of one space for each 42 square metres of gross floor area, except on the Bentall site, 2950 East Broadway, where the maximum is one space for each 37 square metres of gross floor area".

AND THAT the following Sections of the Parking By-law 6059 be amended as follows:

· in section 4.2.5.7 in column 1, by inserting at the beginning the following words "Except as provided in section 4.2.6.4;"
· in section 4.2.6.1, in column 1, by inserting at the beginning the following words "Except as provided in section 4.2.6.4;"
· in section 4.2.6.2, in column 1, by inserting at the beginning the following words "Except as provided in section 4.2.6.4;"
· in section 4.2.6.3, in column 1, by inserting at the beginning the following words "Except as provided in section 4.2.6.4;"

D. THAT the Sign By-law 6510 be amended as follows to include the I-3 District Schedule:

- 3 -

1. By-law No. 6510 is amended in section 9.2 in the paragraph commencing with the words "Commercial and Industrial Areas" by deleting the words "I-1 and I-2" and substituting the following:

"I-1, I-2 and I-3".

2. Schedule B to By-law No. 6510 is amended in section 1.0 (d) (i) by deleting the words "I-2 and DD" and substituting the following:

"I-2, I-3 and DD".

E. THAT the Director of Legal Services bring forward for enactment amendments to the Subdivision By-law to apply the regulations pertaining to the I-2 District to the I-3 District.

F. THAT the Director of Legal Services bring forward for enactment amendments to the Noise Control By-law to include the I-3 District.

G. THAT Council approve rezoning the Bentall site at 2950 East Broadway to I-3 and accept the applicant's proposed benefit package as outlined in a letter from Bentall dated July 2, 1999 with the key contributions being:

· a left turn bay and signal at Broadway and Nootka Street;
· upgrading of the water and sewer systems which will serve additional development on the site;
· construction of a realigned Hebb Avenue at the west end of the site (Renfrew Street) to achieve a normalized Hebb/Renfrew intersection;
· construction of a left-turn lane on Renfrew Street at Hebb Avenue;
· contribution of 50 percent of the cost of providing a signalized crossing at Hebb Avenue; and
· provision for public right-of-ways and the maintenance/policing commitment for a terraced garden open space at the northwest corner of the site, the east-west access road, and a plaza to be located in the southwest corner of the site to link with the SkyTrain station; and

· dedication of a portion of the site for widening of Hebb Avenue consisting of a 5 foot strip along the south side of Parcel B and the granting of a further 9 foot service easement to allow a total street corridor of 54 feet;

AND THAT there be further discussion on the width of the right-of-way on the westerly portion of Hebb Avenue east of Renfrew Street to facilitate cars turning, movement of SkyTrain and other pedestrians, and pick-up and drop-off of passengers;

- 4 -

AND THAT the agreement documents related to the benefit package be drafted, executed, administered, and registered in accordance with the following:

1. The documents are to be drawn to the satisfaction of and executed on behalf of the City by the City's Director of Legal Services prior to the enactment of the I-3 Rezoning By-law;

2. Where the Director of Legal Services deems appropriate, the documents are to be drawn, not only as personal covenant of the property owner, but also as covenants pursuant to Section 219 of the Land Title Act;

3. The documents are to be registered in the appropriate Land Title Office, with priority over any other liens, charges and encumbrances affecting the subject site as is considered advisable by the Director of Legal Services, prior to enactment of the I-3 Rezoning By-law; provided however the Director of Legal Services may, in her sole discretion and on terms she considers advisable, accept tendering of the documents for registration in the appropriate Land Title Office, to the satisfaction of the Director of Legal Services, prior to enactment of the By-law; and

4. The documents shall provide security to the City including indemnities, warranties, equitable charges, letters of credit, and withholding of permits, as deemed necessary by, and in a form satisfactory to, the Director of Legal Services.

H. THAT Bentall Development Services be responsible for submitting an application to amend Schedule C of the Zoning and Development By-law to address their requirement for a reduced setback on the Broadway frontage if they wish to proceed.

I. THAT the areas of False Creek shown on maps 1, 2, and 3 posted at the Public Hearing, with the exception of the following properties, be rezoned to I-3:

City Owned sites to be removed as follows:

Lot E DL 196&2037 Plan 13449 Map 1 of 3
Lot F DL 196&2037 Plan 13449 Map 1 of 3
Lot 8 DL 181 196 &2037 Plan 6780 Map 1 of 3
Lot 26&27 Block 105 DL196&2037 Plan 196 Map 1 of 3

- 5 -

Other Sites not to be included in the rezoning:

Costco Site: 1660 Station Street (per letter from Costco Wholesale dated May 6, 1999)
· PCL H Rem PL Ref PL 1341 DL 2037
· PCL 2 PCL H DL 2037 PL 7729
· Lot 2 of H Plan 7729 DL 2037 LD 36
· Lot 3 W 50 ft, E Hlf of Lot 3 & Rem Lot 4 of H DL2037 Plan 7729 Except Plan 18236

J. THAT, in response to concerns by operators of uses under the I-2 District Schedule and recognizing that the area approved for I-3 zoning in False Creek Flats will be in transition for a number of years, Council wishes to advise the Development Permit Board and the Director of Planning to give favourable consideration to those uses which were outright in I-2, and converted to conditional uses under I-3, unless it can be demonstrated that the proposed use would have a serious, direct, and lasting negative impact on achieving the long-term goals of the I-3 area.

K. THAT the Director of Legal Services, in consultation with the Co-Directors of Planning, prepare the wording for, and request an amendment to, the Vancouver Charter to make it possible to create a new District Zoning Schedule without the requirement to, at the same time, identify a location to apply the new District Schedule.

L. THAT the Director of Legal Services be instructed to prepare and bring forward the necessary by-laws.

- carried

AMENDMENT MOVED by Cllr. Price,

THAT the foregoing perking standard for the I-3 District Schedule be amended to 2.21 spaces per each one thousand square metres of gross floor area.

- LOST

(Councillors Bellamy, Clarke, Daniel Lee, Don Lee and the Mayor opposed)

The motion to amend having lost, the motion by Councillor Clarke was put and CARRIED, with Councillor Price opposed.

(Councillors Chiavario, Herbert, Puil and Sullivan not eligible to vote)

Comments or questions? You can send us email.