SPECIAL COUNCIL MEETING
(PUBLIC HEARING)

DECISIONS

DATE: Thursday, December 6, 2001

TIME: 7:30 p.m.

PLACE: Council Chamber

Third Floor, City Hall

FOR INFORMATION
PLEASE CONTACT DENISE SALMON AT 604.873.7269

1. TEXT AMENDMENT: 855 West 12^th Avenue (Vancouver General Hospital)

THAT the application by Mark Betteridge, Development Consultant, to amend the CD-1 By-law for 855 West 12^th Avenue (Vancouver General Hospital) to permit medical technology, service, retail, institutional, residential, cultural and recreational uses in addition to hospital uses and to increase the permissible site coverage and floor space and Sign By-law to assign the C-2C District sign regulations be approved subject to the following conditions:

FORM OF DEVELOPMENT
(a) That the proposed Preliminary Development Plan be approved by Council in principle, generally as prepared by Davidson Yuen Simpson, Architects, and stamped "Received City Planning Department", dated January 18, 2001, provided that the Director of Planning may allow minor alterations to this form of development when approving the detailed scheme of development as outlined in (b) below.

DESIGN DEVELOPMENT
(b) That, prior to approval by Council of amendments to the form of development, the applicant shall obtain:

(I) approval of a preliminary development application for the area to contain medi-tech developments, open space and the Heather Pavilion by the Development Permit Board, prior to approval in principle by Council and shall have particular regard to the following:

(i) design development to the built form of the proposed medi-tech buildings that demonstrates:

· an overall massing that frames, defines and activates the principal open space (Heritage Common) and fronting streets (10th Avenue, 12th Avenue and Heather Street); and
· building massing (heights, depths and widths) that minimize shadow, view and scale impacts while proving out the heights, setbacks and floor area contained in the CD-1 By-law.

(ii) design development to the major public realm/public open space system between 10th and 12th Avenues and Heather Street and the Willow Street alignment as well as the open space fronting 13th Avenue and the 11th Avenue pedestrian corridor in consultation with the Park Board, that advances its programming landscape design;

(iii) design development to advance the conceptional plans for the adaptive re-use of the Heather Pavilion, including its integration as the focus of the major public open space (Heritage Common);

(iv) provision of a phasing plan for the delivery of the major public realm and public open space system including demonstration that the proposed development is consistent with a revised timetable for phasing and timing of the delivery of public open space approved by Council and the Vancouver Park Board;

(v) design development along the 11th Avenue alignment west of the Willow Street alignment to provide a minimum 24 m (80 ft.) building separation to achieve an extension of the 11th Avenue pedestrian corridor;

(vi) provision of analysis showing a full range of options for integration with adjacent buildings of an exhaust system for underground power generation located at either the Willow or Laurel Streets alignment;

(vii) provision of landscape assessments to accompany development applications demonstrating that significant landscape resources are not to be removed from planned public open space or areas for which provision has been made for public access without approval of the City Arborist. (Note: to achieve high quality open space on large consolidated parcels, the Policy Statement allows for removal of trees where they would compromise building footprints on recommended building sites.);

(viii) provision of preliminary drawings and outline specifications for the rehabilitation of the 1906 Heather Pavilion and the two end bays and towers of the 1908 addition. Submission to define the scope andlocation of original fabric to be retained;

(ix) demonstration that Building By-law fire access requirements will be achieved by:

· demonstrating adequate ladder access to the 1906 Heather Pavilion;
· providing a separate street address and Fire Department access point for any addition to the Nurses' Residence; and
· linking phased medi-tech buildings to be developed west of the Willow Street alignment with direct access on each floor.

(x) demonstration that a minimum floor area of 13 935 m² (150,000 sq. ft.) in buildings intended for medi-tech uses is also designed to be adaptable to patient care hospital uses;

(xi) demonstration of approval from the Director of Current Planning and the General Manager of Parks and Recreation for revised design schedule and conceptual design of the public open space; and

(xii) to ensure continuous provision of usable public open space at all stages during redevelopment, if a structure is to be erected on a site providing open space:

· at the northwest corner of 10th Avenue and Heather Street or a space provided to compensate for that space, demonstrate that a comparable area of open space has been created and landscaped north of 12th Avenue;
· west of Willow Street between 12th and 13th Avenues demonstrate that the open space shown in the Preliminary Development Plan fronting 13th Avenue east and west of Willow Street has been completed; and
· on the tennis court site at 12th Avenue and Oak Street provide comparable space for relocation of these tennis courts.

(xiii) demonstration that comments of community interests have been recorded through a public consultation process including Save Our Parklands Society, Universal Gardens Society, Heather Heritage Society, Douglas Park Community Association and residents of the area bounded by 12th and 16th Avenues from Oak to Cambie Streets.

(II) approval of a Development Application for each building by the Director of Planning or Development Permit Board, who shall have particular regard to the above, and who shall report to Council prior to approval of each amendment to the form of development the status of progress on the delivery of open space in respect to the phasing plan required above.

AGREEMENTS
(c) That, prior to enactment of the CD-1 By-law, the registered owner shall at no cost to the City:

CHARGE SUMMARY
(I) Make suitable arrangements to the satisfaction of the General Manager of Engineering Services and the Director of Legal 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.

SOILS REMEDIATION AND INDEMNITY
(II) Make suitable arrangements for obtaining and submitting to the City copies of all soils studies and the consequential Remediation Plan for the subject site including all parks, civic plazas, off-site streets and on-site streets (civic lands), approved by the Ministry of Environment and acceptable to the City. Execute agreements satisfactory to the Director of Legal Services and the City Manager, in consultation with appropriate Department Heads, obligating the property owner to:

(i) remediate to the satisfaction of the Ministry of Environment and, with respect to the City, to the satisfaction of the City, any contaminated soils on the subject site and civic lands in accordance with a Remediation Plan approved by the Ministry of Environment and acceptable to the City; and
(ii) indemnify the City, the Approving Officer and the Park Board and their employees against any liability or costs which may be incurred as a result of the presence of contaminated soils on the subject site and civic lands, including costs arising as a result of any failure to carry out the aforementioned approved Remediation Plan and provide such security for the indemnity as the Director of Legal Services deems necessary.

SOILS OCCUPANCY RESTRICTION
(III) Execute a Section 215 agreement, satisfactory to the Director of Legal Services, that there will be no occupancy of any buildings or improvements constructed pursuant to this rezoning on the subject site until the contaminated soils on the subject site have been remediated to the satisfaction of the Ministry of Environment (and all relevant Federal authorities to the extent that the same evaluate the remediation), and to the satisfaction of the City with respect to lands dedicated or transferred to the City, in accordance with a remediation plan approved by the Ministry of Environment, and acceptable to the City.

SUBDIVISION PLAN
(IV) Obtain approval of and deposit for registration a subdivision plan to consolidate all the lots bounded by 10th Avenue, 12th Avenue, Laurel Street and the west property line of Block 378, District Lot 526, Plan 991, or other measures acceptable to the General Manager of Engineering Services, Director of Legal Services, the Director of Planning and the City Approving Officer.

STREET DEDICATION
(V) Make suitable arrangements for the timely dedication of the westerly 2.0 m of Lot 1, Block 376, District lot 526, Plan 16793 for the widening of Oak Street, to the satisfaction of the General Manager of Engineering Services and Director of Legal Services.

PUBLIC ACCESS AGREEMENTS
(VI) Make arrangements to the satisfaction of the General Manager of Engineering Services and Director of Legal Services for provision of Statutory Rights-of-Way to permit public access to the proposed green spaces throughout all phases of the project.

SERVICE AGREEMENT
(VII) Execute a service agreement, to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services, to ensure that all on-site and off-site works and services necessary or incidental to the servicing of the subject site (collectively called the "Services") are designed, constructed and installed at no cost to the City, and that all necessary street dedications and rights-of-way for the Services are provided, all to the satisfaction of the General Manager of Engineering Services (who provided comments on this in Appendix C). Without limiting the discretion of the said City officials, the agreement shall include:

(i) The upgrading of all Storm, Sanitary and Water systems as required by the development;
(ii) The undergrounding of all electrical and telephone services within and adjacent the site from the closest existing suitable service point;
(iii) The closure of Willow Street between 12th and 13th Avenues to vehicular traffic and the creation of a public walk;
(iv) The installation of traffic signals and other works at Oak St. and 10th Avenue;
(v) The widening of 12th Avenue at Heather Street and the construction of east and west bound left turn bays;
(vi) Bicycle route improvements along 10th Ave., from Oak St. to Cambie St.;
(vii) Traffic calming measures south of 12th Ave.; and,
(viii) the re-paving of 10th Ave. from Oak St. to Heather St., including newcurbing and features such as bulges and lay-bys.

OPEN SPACE AGREEMENT AMENDMENT
(VIII) Amend the 1989 Open space Agreement and the Parkade Open Space Agreement to reflect: the revised open space boundaries as shown in the Preliminary Development Plan, the design, specifications and maintenance of the open space as approved by the Director of Current Planning and the General Manager of Parks and Recreation, the proposed phasing and timing as approved by Council, and the retention of the 1906 Heather Pavilion and parts of the 1908 additions; all to the satisfaction of the Director of Legal Services and the General Manager of Parks and Recreation.

HERITAGE DESIGNATION OF HEATHER PAVILION
(IX) Obtain designation under Schedule A of the City's Heritage By-law and enter into a Heritage Revitalization Agreement to secure preservation, stabilization and protection against deterioration and vandalism of the 1906 Heather Pavilion and the two end bays of the 1908 addition and dismantling, quarrying and storage of exterior materials from the 1908 structure all to the satisfaction of the Director of Current Planning and Director of Legal Services.

(X) Execute an agreement to the satisfaction of the Director of Current Planning and Director of Legal Services in which the owner agrees to pay to the City the sum of $3,100,000 as follows:

(i) for the first phase of the development, as determined by the Director of Current Planning, the owner shall pay the following amounts aggregating $2,000,000:

(1) for each non-hospital building containing medi-tech, retail or commercial service uses, a portion of the $2,000,000 that is equivalent to or no less than the proportion the floor area permitted by each Building Permit is to the total estimated permitted floor area for non-hospital buildings containing medi-tech, retail or commercial service uses in the first phase, 23 690 m² (255,000 sq. ft.); provided however,

(2) the owner may at its option defer paying one half of the first payment until a time no later than the date the City issues a Development Permit for the second non-hospital building containing medi-tech, retail or commercial service uses;

(ii) for the second phase of the development, as determined by the Director of Current Planning, the owner shall pay the following amounts aggregating $700,000:

(1) for each non-hospital building containing medi-tech, retail or commercial service uses, a portion of the $700,000 that is equivalent to or no less than the proportion of the floor area permitted by each Building Permit is to the total estimated permitted floor area for non-hospital buildings containing medi-tech, retail or commercial service uses in the second phase, 20 160 m² (217,000 sq. ft.); and

(iii) for the third phase of the development, as determined by the Director of Current Planning, the owner shall pay the sum of $400,000 prior to the issuance of the first Building Permit for a non-hospital building containing medi-tech, retail or commercial service uses;

provided however:

(iv) all payments made to the City shall be adjusted to reflect changes in the Consumer Price Index from the date of the last Public Hearing on this rezoning application to the date each payment is received by the City;

(v) should the restoration of the 1906 Heather Pavilion and the two end bays of the 1908 addition commence prior to completion of the payment obligations set out in this condition (C)(X), all as determined by the Director of Current Planning in his sole discretion, then all amounts yet unpaid shall be paid forthwith to the City; and

(vi) all payments made to the City, including any interest earned thereon, shall be used to cover restoration costs when the Heather Pavilion restoration project commences or, at the sole discretion of the Director of Current Planning, to cover conservation costs should the Heather Pavilion restoration project not yet have commenced.

(XI) Provision of a letter from the Chief Executive Officer of the Vancouver/Richmond Health Board, or its successor, committing the owner to broadly seeking funding of the full premium cost of rehabilitation of the 1906 Heather Pavilion which exceeds the amount of CAC payments to the City for this purpose to achieve an economically viable re-use of the building.

PUBLIC ACCESS TO PAVILION
(XII) Execute an agreement to the satisfaction of the Director of Current Planning and Director of Legal Services, that after redevelopment, restricts uses in the south facing portion of the grade level of the 1906 Heather Pavilion to public oriented uses such as child daycare, retail, restaurant or other commercial services. The agreement shall also provide for public access to any main floor recreational assembly spaces.

RECREATION SPACE
(XIII) Execute an agreement to the satisfaction of the General Manager of Parks and Recreation, Director of Current Planning and Director of Legal Services to provide public access to two main floor recreational spaces and meeting rooms, to be located on Block 418, District Lot 526 either in the former Nurses' Residence or in improvements to be constructed on the site pursuant to this rezoning. (Note Park Board Comments in Appendix C.)

PUBLIC ART
(XIV) (i) Execute an agreement, satisfactory to the Directors of Legal Services and the Office of Cultural Affairs for the provision of public art in accordance with the City's Public Art Policy, such agreement to provide for security in a form and amount satisfactory to the aforesaid officials;

(ii) Submit a preliminary public art plan to the satisfaction of the Director, Office of Cultural Affairs setting out the proposed public art program aims, artist terms of reference, site which will include the two 1908 end bays and towers of the Heather Pavilion and artist selection methods, project budget, implementation plan and a schedule.

PROVISION FOR SHORT TERM HOUSING
(XV) Provision of a letter of undertaking satisfactory to the Directors of Legal Services and Housing committing VHHSC to engage in a process with the City to develop a facility providing short term accommodation and referral services on a VGH site having functional proximity to the Emergency department, the process to include identification of capital and operating funding and sources.

DAYCARE
(XVI) Execute a legal agreement satisfactory to the Directors of Legal Services and Social Planning to provide and forever operate for a fully finished (i.e., ready for immediate occupancy) license daycare facility including the required outdoor play space and on-site parking, at no cost to the City. (Note: Comments in Appendix C.)

(XVII)That prior to enactment of the CD-1 By-law, the registered owner shall at no

cost to the City provide an agreement to require each tenant to conform to the Environmental Protocol dated July 2000 prior to occupancy of any space.

(XVIII) The owner enter into a registered covenant with the City to the satisfaction of the Director of Legal Services committing to not reoccupying the Heather Pavilion once the major adaptive re-use work has commenced and until the related exterior rehabilitation work is complete to the satisfaction of the Director of Current Planning and the District Building Inspector.
CD-1 GUIDELINES
(d) That Council approve in principle the Vancouver General Hospital (VGH) Precinct CD-1 Guidelines as contained in draft form in the agenda package for the December 6, 2001 Public Hearing.

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 which charge and run with the land.

The facilities to be provided, may, in the discretion of the General Manager of Engineering Services, the Approving Officer, General Manager of Parks (where Park Board related facilities are concerned), Director of Legal Services and the Director of Current Planning, be constructed in phases, in accordance with phasing plans satisfactory to the aforesaid officials, and the respective Agreements will provide for security and development and occupancy restrictions appropriate to such phasing, as determined by the Director of Legal Services.

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 theopinion of the Director of Legal Services, the retaining of outside counsel, reimbursement for these costs will be required from the property owner.

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(c) 1998 City of Vancouver