PUBLIC HEARING AGENDA

DATE:	Tuesday, June 26, 2001(Rescheduled to June 28, 2001)
TIME:	2:00 p.m.
PLACE:	Council Chamber Third Floor, City Hall 453 West 12th Avenue

Minutes of the meeting.

1. Text Amendment: 800 Beatty Street (855 Expo Boulevard) and 875 Expo Boulevard (858 Beatty Street)

Memorandum dated June 20, 2001 from the Director of Current Planning, refers.

Summary: 1. To amend CD-1 By-law No. 7248 (#324) and the False Creek North Official Development Plan, By-law No. 6650, as follows:

· amend the Quayside Neighbourhood CD-1 By-law No. 7248 (#324) to include the B.C. Place Gap Site at 800 Beatty Street, zoned CD-1 By-law No. 7249 (#325), as part of Site 5GH at 875 Expo Boulevard,
· permit on the new Site 5GH an additional 400 m² of Retail and Service Uses and 70 public parking spaces permitted by CD-1 By-law No. 7249 on the B.C. Place Gap Site,
· permit a maximum of 50 public parking spaces as an Interim Use on Site 5GH, and
· increase the maximum commercial floor area on Area 7B of False Creek North by 400 m² (Figure 5) and increase the maximum amount of retail uses outside of designated areas by 400 m² (Section 3.2.4).

CD-1 Guidelines (Quayside Neighbourhood) amendments are presented for adoption in principle by City Council.

2. To repeal CD-1 By-law No. 7249 which permits 400 m² of Retail and Service Uses and 1 600 m² of Parking Use on the B.C. Place Gap Site.

Applicant: Director of Current Planning.

Recommended Approval: By the Director of Current Planning, subject to the followingconditions as proposed for adoption by resolution of Council:

DESIGN
GUIDELINES (a) THAT the proposed revised guidelines entitled "Quayside Neighbourhood CD-1 Guidelines" be adopted by resolution of Council at the time of enactment of the CD-1 By-law.

AGREEMENTS (b) THAT, prior to enactment of the amendments to CD-1 by-law No. 7248, the registered owner shall, at no cost to the City,

(i) Make suitable arrangements to the satisfaction of the General Manager of Engineering Services for clarification of charges shown on title (a charge summary should be provided) and, if necessary, for the modification, release, extension or replacement of such charges, on terms acceptable to the Director of Legal Services.

[Note: Agreements likely to require modification include:

- Quayside Services Agreement (road, curb, sidewalk, and utility construction),

- Quayside Public Art Agreement,
- Quayside No Development Agreement,
- Quayside Daycare Agreement,
- Quayside Down Zoning Agreement,
- Quayside Shoreline Protection Works Agreement, and
- Stadium Plaza Volumetric Lease.]

(ii) Complete the consolidation of Site 5GH (Lot 220 at 875 Expo Boulevard [aka 858 Beatty Street] ) and portion of Lot 157 (B.C. Place Gap Site at 800 Beatty Street [aka 855 Expo Boulevard] ), to the satisfaction of the General Manager of Engineering Services.

[Note: In the following conditions, "site" refers to the consolidated Site 5GH and B.C. Place Gap Site.]

(iii) Execute an encroachment agreement and/or easement and section 219 covenant on terms acceptable to the Director of Legal Services, or such agreement satisfactory to the Director of Legal Services, to provide for stairway encroachment from remainder of Lot 157 (Terry Fox Plazaand Parkade) onto the site, such stairs providing access from the parkade to the plaza above, to the satisfaction of the General Manager of Engineering Services.

[Note: An agreement or no-development covenant on the remainder of Lot 157 (Terry Fox Plaza and Parkade) will be secured prior to development permit issuance to provide public access (building entrances or exits) and visual access (glazing) to and from Terry Fox Plaza for a one-storey, 400 m². retail/service uses building at the north(west) corner of the site. A plaza encroachment agreement, to provide right of way for public access over remainder of Lot 157 (Terry Fox Plaza), will also be required.]

(iv) Execute an agreement, on terms acceptable to the Director of Legal Services, to deal with minor voids and overlaps between the site and remainder of Lot 157 (Terry Fox Plaza and Parkade), to the satisfaction of the General Manager of Engineering Services.

(v) Execute an agreement, on terms acceptable to the Director of Legal Services, to ensure that the plaza on the site which extends and connects to the Terry Fox Plaza and B.C. Place Stadium concourse is designed and constructed to the satisfaction of the General Manager of Engineering Services.

(vi) Execute an agreement, on terms acceptable to the Director of Legal Services, to provide right of way for public access to a portion of the plaza on the site which will be connected to Terry Fox Plaza and public access to the stairs from the plaza to Expo Boulevard, including obligations for plaza and stair maintenance, to the satisfaction of the General Manager of Engineering Services.

(vii) Execute an agreement, on terms acceptable to the Director of Legal Services, to provide right of way for public pedestrian and vehicular access from Expo Boulevard to the Terry Fox Parkade (parking garage under the Terry Fox Plaza), to the satisfaction of the General Manager of Engineering Services.

Where the Director of Legal Services deems appropriate, the preceding agreements are to bedrawn, not only as personal covenants of the property owner, but also as Covenants pursuant to Section 219 of the Land Title Act.

Such agreements are to be registered in the appropriate Land Title Office, with priority over such other liens, charges and encumbrances effecting the subject site as is considered advisable by the Director of Legal Services; and otherwise, to the satisfaction of the Director of Legal Services, prior to enactment of the by-law; provided, however, the Director of Legal Services may, in her sole discretion and on terms she considers advisable, accept tendering of the preceding agreements for registration in the appropriate Land Title Office, to the satisfaction of the Director of Legal Services, prior to enactment of the by-law.

The preceding agreements 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.

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.

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(c) 1998 City of Vancouver