Public Hearing Minutes - June 28, 2001

CITY OF VANCOUVER

SPECIAL COUNCIL MEETING MINUTES

JUNE 28, 2001

A Special Meeting of the Council of the City of Vancouver was held on Thursday, June 28, 2001, at 2:35 p.m., in Committee Room No. 1, Third Floor, City Hall, for the purpose of holding a Public Hearing to consider proposed amendments to the Zoning and Development By-law.

PRESENT: Mayor Philip Owen

Councillor Fred Bass
Councillor Jennifer Clarke
Councillor Lynne Kennedy
Councillor Daniel Lee
Councillor Don Lee
Councillor Tim Louis
Councillor McCormick
Councillor Gordon Price
Councillor George Puil
Councillor Sam Sullivan

CITY CLERK'S Tarja Tuominen, Meeting Coordinator
OFFICE:

COMMITTEE OF THE WHOLE

MOVED by Councillor Clarke
SECONDED by Councillor Don Lee

THAT this Council resolve itself into Committee of the Whole, Mayor Owen in the Chair, to consider proposed amendments to the Zoning and Development By-law.

CARRIED UNANIMOUSLY

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

An application by the Director of Current Planning was considered as follows:

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.

The Director of Current Planning recommended approval.

Staff Comments

Phil Mondor, Planner, briefly reviewed the application, and referred to the memorandum, dated June 26, 2001, from the Director of Current Planning recommending further amendments to the False Creek North Official Development Plan (FCN ODP). The further amendments are: to replace the FCN ODP amending by-law in the Public Hearing agenda with a draft by-law attached to the memorandum, indicating an additional 400 m² on an enlarged Site 5GH; and, to amend the FCN ODP to show the Gap Site as part of Site 5GH.

Summary of Correspondence

There was no correspondence received on this application since the date it was referred to Public Hearing.

Speakers

Mayor Owen called for speakers for and against the application.

Paul Latham, representing the homeless, noted the application proposes to vary the official development plan to improve business access to the lands and provide additional parking spaces. The application does not address the needs of the people, particularly the homeless, to be able to access viable transit.

Council Decision

MOVED by Councillor Kennedy

THAT the application by the Director of Current Planning to achieve comprehensive development on a consolidated Site 5GH (875 Expo Boulevard, also known as 858 Beatty Street) and B.C. Place Gap site (800 Beatty Street, also known as 855 Expo Boulevard), be approved, subject to:

· replacing the False Creek North Official Development Plan (FCN ODP) amending by-law in the Public Hearing Agenda with the draft by-law attached to the Memorandum, dated June 26, 2001 from the Director of Current Planning; and
· amending Figures 3 and 6 to 12C (inclusive) in the FCN ODP to show the Gap Site as part of Site 5GH; and
· subject to the following conditions :

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 Plaza and 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 whichextends 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 be drawn, 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.

CARRIED UNANIMOUSLY

RISE FROM COMMITTEE OF THE WHOLE

MOVED by Councillor Don Lee

THAT the Committee of the Whole rise and report.

CARRIED UNANIMOUSLY

ADOPT REPORT OF COMMITTEE OF THE WHOLE

MOVED by Councillor Don Lee
SECONDED by Councillor Sullivan

THAT the report of the Committee of the Whole be adopted, and the Director of Legal Services be instructed to prepare and bring forward the necessary by-law amendments.

CARRIED UNANIMOUSLY

The Special Council adjourned at 2:40 p.m.

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