Agenda Index City of Vancouver

4

CITY OF VANCOUVER

SPECIAL COUNCIL MEETING MINUTES

DECEMBER 6, 2001

A Special Meeting of the Council of the City of Vancouver was held on Thursday, December 6, 2001, at 7:30 p.m., in the Council Chamber, Third Floor, City Hall, for the purpose of holding a Public Hearing to consider proposed amendments to the Zoning and Development By-law and the Sign By-law.

PRESENT:

Mayor Philip Owen
Councillor Fred Bass
Councillor Jennifer Clarke
Councillor Lynne Kennedy
Councillor Don Lee
Councillor Sandy McCormick
Councillor Sam Sullivan

ABSENT:

Councillor Daniel Lee (Sick Leave)
Councillor Tim Louis (Leave of Absence)
Councillor Gordon Price (Sick Leave)
Councillor George Puil (Civic Business)

CITY CLERK'S OFFICE:

Denise Salmon, Meeting Coordinator

COMMITTEE OF THE WHOLE

MOVED by Councillor Don Lee
SECONDED by Councillor McCormick

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 and Sign By-law.

CARRIED UNANIMOUSLY

1. TEXT AMENDMENT: 855 West 12th Avenue

An application by Mark Betteridge, Development Consultant was considered as follows:

Summary: The proposed text amendment would 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. The Sign By-law would also be amended to assign the C-2C District sign regulations.

The Director of Current Planning recommended approval subject to the conditions as set out in the agenda.

Also before Council was a memorandum from the Senior Central Area Planner, dated November 23, 2001, which noted Appendix B to the referral report states that the conditions are subject to change and refinement prior to finalization of the agenda for Public Hearing. The following changes are now reflected in the Summary and Recommendation pages in the agenda package:

1. Condition (b)(II) is amended to add after the words "regard to the above":

2. An additional condition (c) XVII is introduced as follows:

3. A new condition (d) is added:

Staff Opening Comments

Tom Phipps, Planner, Current Neighbourhood Projects Group, with the aid of graphic materials, reviewed the application, and referred to the above-noted memorandum (circulated with the agenda package). Mr. Phipps responded to questions on the anticipated timetable for the project, including development of green space and reuse of the 1906 Heather Pavilion.

Applicant Comments

Robyn Woodward, Chair, Vancouver Richmond Health Board (VRHB); Phil Hassen, President and CEO, VRHB; Barry Pearce, Vice-President, Facilities, VRHB; and and Dr. Bill Hunter, Angiotech Pharmaceuticals, on behalf of the applicant, reaffirmed support for the rezoning. Speakers noted approval of the text amendment would allow for the delivery of quality health care and provide support services for the largest provider of health services in the Province. As the Province's largest teaching hospital, the vital part research would play in the future, opportunities for attracting top notch heath care workers, additional jobs, and the importance and necessity of investment in health care research was also highlighted.

Mr. Hassen also circulated for Council information copies of the "Vancouver Hospital and Health Sciences Centre: Land Use Concept - 2001", prepared by Davidson Yuen Simpson Architects.

Summary of Correspondence

Council was advised the following correspondence was received since the date the application was referred to Public Hearing:

Speakers

Mayor Owen called for speakers for and against the application.

The following speakers expressed general support for the text amendment:

Following is a summary of comments made by the foregoing speakers:

· support for the text amendment with note on the importance of research, which is the basis of the biotechnology revolution;
· a strong research environment with help to attract and retain the best health care specialists, and also provides jobs;
· approval of the text amendment will allow the hospital to continue its leadership role in research and health care delivery;
· a significant component of the project is the spinal cord research centre, which would bring people together into one world class facility, and also be in close proximity to the ambulatory clinic and the surgeons doing the surgery, which provides seamless, integrated health care;
· the medical park at VGH site is recommended as this would provide a significant benefit to patients and enable them to receive the newest most effective treatment;
· Council's decision to approve the text amendment would contribute to a key growth sector in the city;
· the importance of bringing all stakeholders in research together at one location, as the collaborative approach surpasses individual efforts, and enhances research activities; and
· it is only through research that treatment, diagnosis and patient care can be improved -- redevelopment of the hospital to allow for scientific discovery to clinical therapy in close proximity is critical to this process.

Clarence Hansen, Chair, Vancouver Park Board (brief filed), expressed support for VGH's construction schedule, if the applicant will do what has been agreed to regarding delivery of public open space. Mr. Hansen, on behalf of the Board, also proposed the hospital not be allowed to build all commercial medi-tech buildings allowed in the new zoning before the community gets their green space.

The following spoke in general support of the text amendment, and specifically to the retention of the Heather Pavilion and creation of the gardens adjoining the Pavilion:

Major points noted included the following:

· Council urged to consider bumping up the density of surrounding buildings to allow for full restoration of the Heather Pavilion, or seek Provincial funding;
· a specific requirement to include a formal garden on 10th Avenue north of the 1906 Heather Pavilion should be included in the conditions of the text amendment; and
· would like to see the City require early restoration of the Heather Pavilion as a condition of the rezoning application.

The following speakers expressed concern with the proposed green space and/or the biotech facilities planned for the development:

Following is a summary of comments made by the foregoing speakers:

· concern there is no designated park in this development, but rather public open space, which is not a permanent legal park;
· Council should approve the timely delivery of public open space, and approve an appropriate amendment to the legal agreements pertaining to delivery of public open space at VGH as recommended by the Park Board;
· concerns related to biotech activities (and potential for contamination) which will take place adjacent the existing daycare;
· petition with 73 signatures referred to which opposed development of the existing green space at 12th and Willow;
· there is a shortage of legal Park Board parks around the 12th Avenue and Willow area;
· green space should serve the hospital staff, visitors and patients; however the chief beneficiaries will be the occupants of the medi-tech buildings;
· concern with the commercial space and anticipated interaction with the medi-tech buildings will detract from the quiet ambiance of the proposed green space;
· concern with the shrinking availability of hospital beds, diagnostic equipment and surgical facilities -- the proposed development will only exacerbate this situation and not serve the current and future needs of the community;
· the growth in the area's population has not been reflected in same for surrounding park space; Douglas Park facilities and playgrounds are no longer adequate

Trevor Lee, City Square Property Holdings Inc. (brief filed) requested Council consider applying the proposed "medi-tech" definition and parking requirement to City Square to put his existing development on an equal footing with the proposed VGH development. He also noted the negative impact further commercial development in the area would have on City Square. Staff advised as this request did not pertain specifically to the Public Hearing, a separate meeting could be arranged with Mr. Lee if he so desired.

Applicant Closing Comments

Mr. Hassen noted the success of Vancouver's future is wanted by all and approval of this text amendment would be part of that success.

Staff Closing Comments

Mr. Phipps commented briefly on the importance of a specific timetable for the project, pointed out the structure of the conditions, and noted this was the first of six steps of approval, four of which involve Council. Provisions in the conditions allow for none of the existing park space to be removed without replacement in the interim period. He recommended Council not include any further specific conditions related to the timetable as recommended by the Law Department with respect to park space.

Larry Beasley, Director of Current Planning, in response to a delegation's submission, advised staff would integrate the spirit of the request regarding timely delivery of public open space into negotiations for the legal agreement, consistent with the Vancouver Park Board's resolutions approved on December 3, 2001.

Council Decision

MOVED by Councillor Clarke

THAT the application by Mark Betteridge, Development Consultant, to amend the CD-1 By-law for 855 West 12th 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:

(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:

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, theagreement shall include:

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:

(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;

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

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

CARRIED
(Councillor Bass opposed)

RISE FROM COMMITTEE OF THE WHOLE

MOVED by Councillor Don Lee

CARRIED UNANIMOUSLY

ADOPT REPORT OF COMMITTEE OF THE WHOLE

MOVED by Councillor Don Lee
SECONDED by Councillor McCormick

CARRIED UNANIMOUSLY

The Special Council adjourned at 11:15 p.m.

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