Agenda Index City of Vancouver

ADMINISTRATIVE REPORT

TO:

Vancouver City Council

FROM:

Director of Development Services in consultation with Director of City Plans

SUBJECT:

Lafarge Concrete Batch Plant Proposal - Review Process and Update on Relevant Planning Studies

 

RECOMMENDATION

GENERAL MANAGER'S COMMENTS

COUNCIL POLICY

There is no Council policy directly attributable to this matter.

PURPOSE

This report provides Council with information about how staff intend to review and process a new proposal to construct a concrete batch plant and associated office space on the site known as the former Sterling Shipyard lands, at the foot of Victoria Drive. In addition, information is provided on the anticipated East of Victoria Drive Port Lands Study and the Hastings-Sunrise Community Vision program.

BACKGROUND

Previous Application

A development application proposing to construct a concrete batch plant and ancillary office space on the site at 2995 Wall Street was reviewed by the City between 1998-2000. The sitewas immediately west of New Brighton Park and was comprised of land owned by the proponent, Lafarge Canada Inc. (Lafarge) and the Vancouver Port Authority (VPA). As such, both the VPA and the City had jurisdiction as approving authorities.

Neighbourhood opposition to the proposal was significant. As part of the VPA review, an independent Project Advisory Committee (PAC) was struck to review the Lafarge application. In a June 11, 1999 memorandum to Council, the Deputy City Manager advised that staff would not report to Council regarding the "form of development" proposed on this CD-1 zoned site, until after the PAC had completed their review and finalized their report to the VPA.

The City's Development Permit Board (DP Board) considered the application on June 28, 1999 and deferred making a decision, pending input from Council as to the "parameters for exercise of the Board's discretion on height over 30 ft., in the context of Council's consideration of the overall form of development".

In August 2000, the PAC reported to the VPA, concluding that the "proposed site is unacceptable for a concrete batch plant". Further, the VPA, Lafarge and the City were encouraged to work together to identify an alternate site which might be more suitable.

Despite requests from City staff to Lafarge to clarify their intentions for the Wall Street site following the PAC report, no action was taken. Pursuant to the Zoning and Development By-law provisions regarding development permit application time limits, the application was voided and the file was closed in July, 2001.

New proposal
At the end of August 2001, Lafarge submitted a new application to the VPA, seeking approval for construction of a concrete batch plant and associated office space on a portion of the site at 2095 Commissioner Street, known as the former Sterling Shipyards lands. (See context map, Appendix A). The City received notification of this application on August 30, 2001.

Jurisdiction
This site is wholly on VPA lands, and therefore, unlike the previous proposal, the City's approval is not required in order for this development to proceed. However, consistent with terms of "The Charter For the Relationship Between the City of Vancouver and Vancouver Port Corporation", dated September 15, 1998, the VPA and the City have an established process for City review and comment on development proposals on VPA lands. Consequently, the VPA has forwarded the application which Lafarge has made to them, to the City (along with other review agencies) for review and advice.

City Review Process
Consistent with the City's evaluation of other proposals for significant development on VPA lands, the City will conduct a full review of the proposal similar to that of a major development application. This will evaluate the proposed form of development and use against the CD-1 by-law established for this site and other applicable policies of Council, such as the Industrial Lands Strategy and Hastings-Sunrise Plan. The review will include notification of surrounding property owners, consideration by the Urban Design Panel, and then by the Development Permit Board. At the conclusion of the process, the Board will provide the VPA with a statement of "support", "support with conditions", or "non-support"of the proposal. The anticipated timing is summarized below.

Complete Submission from VPA
early October
-submission requirements as per City's standard for a major project proceeding to the Development Permit Board
Neighbourhood Notification
mid-October through mid-November
-written notification to neighbouring property owners, seeking comments
-plans available for public review

Urban Design Panel
November 14, 2001
-Lafarge to provide a model and other presentation material, as per major project process
Development Permit Staff Committee
December 12, 2001
-staff review completed
Staff report finalized
January 7, 2002
-Committee comments incorporated, any outstanding issues finalized
Report available to the public
January 7, 2002
-report submitted for addition to City website and available in hardcopy
Development Permit Board
January 21, 2002
-Board will hear from staff, the proponent and the public, then provide the VPA with advice on the City's support or opposition to the proposal.

Lafarge Public Consultation Process
Prior to making its current application to the VPA, Lafarge sponsored two public meetings (July 12 and August 2, 2001). It also circulated a newsletter to 6,036 households describing the project and process.

Vancouver Port Authority Process

Before making its final decision, the VPA will receive input on the Lafarge application from: the City; the Burrard Environmental Review Committee (BERC); the public; and three independent technical advisors who will evaluate Lafarge's Environmental Assessment Document (EAD) (which constitutes their application to the VPA), specifically focussing on the treatment of noise, traffic and air quality issues.

The VPA process and anticipated timing is outlined below.

Application received
August 27, 2001
-Lafarge's complete Environmental Assessment Document (EAD) submitted to VPA.
Application referred to reviewing agencies and City
August 30, 2001

September 28, 2001

-EAD sent to City

-City notified of VPA process
-EAD sent to Independent Technical Consultants
Public Meetings in community
October 23 and 24, 2001
-advertisement in local paper and flyers sent on September 29, 2001.
-purpose - VPA to hear comments from residents about the EAD and the proposal as a whole.
-second advertisement one week in advance
-second flyer to be circulated
Receipt of BERC commentary/decision
end of November, 2001

Receipt of Technical Consultants reports
end of November, 2001

Receipt of City's advice
end of January, 2002
-Development Permit Board scheduled January 21, 2002
VPA makes its decision
Following completion of City and other external reviews

BERC Review Process

BERC is a standing committee of Federal and Provincial government agencies that undertakes coordinated environmental reviews of proposals in and around Burrard Inlet. The member agencies are: Environment Canada; the Federal Department of Fisheries and Oceans; the British Columbia Ministry of Water, Land and Air Protection; the Vancouver Port Authority and the Canadian Coast Guard. Each member agency of BERC must approve aspects of the proposal under its regulatory control before the proposed development can proceed.

Independent Technical Consultants Review Process
The VPA has engaged independent parties to review three specific areas of the Lafarge Environmental Assessment Document - air quality, noise and traffic - which were identified through the previous application as primary concerns. In concluding its review of the previous Lafarge proposal, the PAC noted that the "potentially adverse effects of....fugitive dust, noise and traffic" made that project incompatible with existing residential and recreational land uses in the vicinity of the 2995 Wall Street site. The consultants' reports on the current Lafarge proposal will be made public and will be available to City staff to assist them in their consideration of the proposal.

OUTSTANDING COUNCIL MOTION

At a regular Council meeting on April 24, 2001, Councillor Louis submitted the following Notice of Motion and was recognized by the Chair:

"Possible Relocation of Lafarge Concrete Batch Plant

Council resolved as follows:

UPCOMING PLANNING INITIATIVES AND THE NEW LAFARGE PROPOSAL

Questions have arisen about the relationship of the Lafarge proposal to the anticipated East of Victoria Drive Port Lands Study, and to a lesser degree to the upcoming Hastings-Sunrise Community Vision program.

Background

In 1990, in response to a conflict with the Port Authority over a proposed specialty grain transhipment facility, City Council approved the CD-1 zoning principally encompassing the Port lands east of Victoria Drive. Following consideration of a report entitled "Burrard Waterfront East of Semlin" Council resolved as follows:

The report further noted that the area would remain in industrial use for port purposes, but that the plan should result in:

A draft work program for the planning study was prepared in March 1991, but was not approved during the April 1991 round of civic budget reductions. In 1993 and 1994, the Director of Planning contacted the Port about proceeding, but their planner was committed to other work. Subsequently, the port study remained low on the priority list for Planning Department planning staff, relative to other initiatives such as CityPlan, Oakridge-Langara, the RS Zoning Program, new Industrial zonings, and Rapid Transit Planning.

Status of the East of Victoria Drive Port Lands Study
The VPA has indicated that they would be in a position to begin work on the study by the end of this year. The Director of City Plans anticipates providing a staff person to undertake the first part of the work--a feasibility or "scoping" phase aimed at a City/VPA agreement (in consultation with residents, businesses, and other parties) about the scope, deliverables, process, and resourcing. This phase would likely take a number of months, with a report to Council and the VPA for endorsement. At a rough estimate, based on similar size projects, the planning study itself would subsequently take at least a year to complete. On the City's part, it might involve the use of consultants rather than staff. The study would be aimed at developing a plan that the VPA and the City could agree to. The City would then proceed to revise the current zoning, noting that the status of the VPA having jurisdiction over its lands would not change. This might be completed sometime in the first half of 2003.

As has happened in the past, concerns have been expressed about considering a specific proposal, such as from Lafarge, in advance of or during a broader planning study. City Council and staff have always been clear with the public that all owners or applicants are entitled to receive fair consideration of their proposals under the duly-adopted zoning and policies. The concerns that the broader East of Victoria Drive Port Lands Study is to address (impacts of use, noise, light, dust, views, traffic etc) can be appropriately considered for this project on an individual basis, through the processes and impact studies outlined in this report.

Status of the Hastings-Sunrise Community Vision Program
The research phase of a Community Vision program will be beginning in Hastings-Sunrise this Fall, with the public outreach beginning late this year, subject to decisions relating to a planning process for the PNE and Hastings Park. The content of Visions is broad-brush and long-term, compared to the more focussed and specific outcomes anticipated from the East of Victoria Drive Port Lands Study. Staff are comfortable that the two can complement each other, even while happening at the same time. One concern was whether there would be too much participation demanded of community members. To discuss this, staff met with some key community representatives in July. After reviewing the timing and scale of participation involved in Visions program, as well as what was likely for the East of Victoria Drive Port Lands study, it was concluded that the two could run simultaneously.

CONCLUSION

As in the past, City input will be provided to the VPA on the application before it via advice from the DP Board. This will be one component of the information which the VPA will receive prior to making its decision.

Policy planning for the East of Victoria Drive Port Lands is expected to commence in the latter months of this year. It is anticipated that the policy study might be completed sometime in the first half of 2003. Community Visioning is also expected to commence this Fall.

Consistent with past practise, consideration of the Lafarge proposal can proceed in advance of the East of Victoria Drive Port Lands Study and Community Visioning.

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