Public Hearing Decisions

SPECIAL COUNCIL MEETING
(PUBLIC HEARING)

DECISIONS

DATE: Tuesday, July 23, 2002

TIME: 7:45 p.m.

PLACE: Council Chamber

Third Floor, City Hall

FOR INFORMATION, PLEASE CONTACT DENISE SALMON 604.873.7269

1. HERITAGE DESIGNATION: 345 Water Street

A. THAT Council authorize the City to enter into a Heritage Revitalization Agreement to secure the conservation and rehabilitation of the west half of the Greenshields Building at 345 Water Street and to supplement Development Application No. 406714, and the HA-2 zoning, by granting a density bonus of 3,437 m2 (37,000 sq. ft.) to be transferred to site(s) in the Central Area;

AND THAT Council require a covenant providing that the density bonus not be available for transfer until the rehabilitation is complete, unless the owner secures completion of the rehabilitation by a separate agreement;

AND THAT The agreements shall be prepared, registered and given priority to the satisfaction of the Directors of Planning and Legal Services.

B. THAT Council amend Schedule A of the Heritage By-law to designate the west half of the Greenshields Building at 345 Water Street, as a Municipal Heritage Building along with certain interior features; and

C. THAT the Director of Legal Services bring forth the by-laws to authorise the Heritage Revitalization Agreement and amend the Heritage By-law to designate the building.

2. HERITAGE DESIGNATION: 728 Jackson Avenue

A. THAT Council authorize the Director of Legal Services to enter into a Heritage Revitalization Agreement for the properties at 728 Jackson Street and 734-742 Jackson Street to:

· secure the rehabilitation, protection and ongoing maintenance of these buildings listed in the "B" and "C" categories, respectively, on the Vancouver Heritage Register;
· vary the RT-3 District Schedule of the Zoning and Development By-law and the Parking By-law to make lawful the existing non-conforming aspects of the buildings in place on the reconfigured parcels; and
· vary the Subdivision By-law to allow the existing two parcels to be re-configured.

B. THAT Council designate the heritage buildings at 728 Jackson Street and 734-742 Jackson Street as protected heritage properties.

C. THAT Council require from the owner a registered agreement to secure the protection during construction and the prompt rehabilitation of the two heritage buildings, to the satisfaction of the Directors of Current Planning and of Legal Services.

D. THAT the Director of Legal Services bring forth the by-law to authorize the Heritage Revitalization Agreement.

E. THAT following the subdivision reconfiguration, the Director of Legal Services bring forth the by-law to designate the heritage buildings at 728 Jackson Street and 734-742 Jackson Street under Schedule A as protected heritage properties.

3. HERITAGE DESIGNATION: 732 Princess Avenue

A. THAT Council authorize the Director of Legal Services to enter into a Heritage Revitalization Agreement for the property at 732 and 750 Princess Avenue to:

· secure the protection and on-going maintenance of these two "C" category Vancouver Heritage Register buildings; and,

· vary the RT-3 District Schedule of the Zoning and Development By-law so that no zoning non-conformities are created or exacerbated by the proposed subdivision.

B. THAT the Director of Legal Services bring forth the by-law to authorize the Heritage Revitalization Agreement; and,

C. THAT the Director of Legal Services bring forth by-laws to designate the two heritage houses as Protected Heritage Property.

4. TEXT AMENDMENT: 1199 West Hastings Street

THAT the application of the Director of Current Planning to amend CD-1 By-law No. 7681 for the northerly vacant portion of 1199 West Hastings Street (portion of Lot G, Block 15, DL 185, Plan LMP 29894) to permit a one-storey restaurant, generally in accordance with Appendix A of the Policy Report dated June 11, 2002, entitled "CD-1 Text Amendment: Harbour Green Neighbourhood - 1199 West Hastings -Restaurant" be approved.

5. TEXT AMENDMENT: 201 Burrard Street (100 Thurlow Street)

A. THAT the application of the Director of Current Planning to amend CD-1 By-law No.7679 for Burrard Landing (100 Thurlow Street), to permit Convention and Exhibition Centre and provide floor area and height limits to accommodate this use generally as contained in Appendix A of the Policy Report dated May 16, 2002, entitled "Burrard Landing CD-1 Text Amendment - Vancouver Convention and Exhibition Centre (VCEC) - 100 Thurlow Street", and to amend the Coal Harbour Official Development Plan By-Law No. 6754 generally as contained in Appendix B of the Policy Report be approved subject to the following conditions:

(a) That, prior to approval by Council of the form of development, the applicant shall obtain approval of a development application by the Director of Planning or Development Permit Board, who shall have particular regard to the design response to Burrard Landing Convention and Exhibition Centre Development Guidelines approved by Council in respect to this CD-1 text amendment.

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

CHARGE SUMMARY

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.

LAND EXCHANGE

Make suitable arrangements to the satisfaction of the City Manager, the Director of Legal Services and the General Manager of Engineering Services to complete a land exchange as required to complete establishment of a 20 metre wide road (Canada Place) between Burrard Street and Thurlow Street.

These arrangements are to include all other things as necessary to create land parcels and street establishments as required by the City Manager, the Director of Legal Services and the General Manager of Engineering Services.

NO DEVELOPMENT COVENANT FOR THE VCEC EXPANSION SITE LOCATED IN SUB-AREA 2

Execute an agreement, on terms acceptable to the Director of Legal Services, that prohibits the development of the VCEC expansion site located in Sub-area 2 until such time as

(A) the owner has paid to the City the rezoning fees in accordance with the City's rezoning schedule related to the Vancouver Convention and Exhibition Centre CD-1 Rezoning;

(B) the form of development has been approved by the City of Vancouver;

(C) the owner has entered into an agreement or agreement(s), acceptable to the Director of Legal Services and the General Manager of Engineering Services that outlines, without limitation, the design, construction, demolition, ownership, maintenance, passage, and usage rights and responsibilities for the Canada Place viaduct and the 1000 block of Canada Place; and

(D) the owner has prepared a series of Transportation Studies, Parking Studies and Transportation Management Plans to the satisfaction of the General Manager of Engineering Services and made the appropriate arrangements for their implementation, including registration of any agreements as may be required, to the satisfaction of the Director of Legal Services and the General Manager of Engineering Services.

RIGHT OF WAY FOR PEDESTRIAN PASSAGE (BLANKET ACROSS THE VCEC EXPANSION SITE LOCATED IN SUB-AREA 2)

Execute an agreement, on terms acceptable to the Director of Legal Services, to secure a blanket right of way through the VCEC expansion site located in Sub-area 2 for the future Canada Place Sidewalk including the obligations for design,construction, support and maintenance, to the satisfaction of the General Manager of Engineering Services.

RIGHT OF WAY FOR SHORELINE WALKWAY (BLANKET ACROSS THE VCEC EXPANSION SITE LOCATED IN SUB-AREA 2)

Execute an agreement, on terms acceptable to the Director of Legal Services, to secure, at the option of the General Manager of Engineering Services an establishment as street or a blanket right of way through the VCEC expansion site located in Sub-area 2 for the future Shoreline Walkway including the obligations for design, construction, support and maintenance, to the satisfaction of the General Manager of Engineering Services.

RIGHT OF WAY FOR THURLOW WATERFRONT PLAZA (BLANKET ACROSS THE VCEC EXPANSION SITE LOCATED IN SUB-AREA 2)

Execute an agreement, on terms acceptable to the Director of Legal Services, to secure a blanket right of way through the VCEC expansion site located in Sub-area 2 for the future Thurlow Plaza including the obligations for design, construction, support and maintenance, to the satisfaction of the General Manager of Engineering Services.

RIGHT OF WAY FOR BURRARD STREET END (BLANKET ACROSS THE VCEC EXPANSION SITE LOCATED IN SUB-AREA 2)

Execute an agreement, on terms acceptable to the Director of Legal Services, to secure, at the option of the General Manager of Engineering Services an establishment as street or a blanket right of way through the VCEC expansion site located in Sub-area 2 for the future Burrard Street End including the obligations for design, construction, support and maintenance, 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.

B. THAT the draft Vancouver Convention and Exhibition Centre Guidelines generally in accordance with Appendix E of the Policy Report dated May 16, 2002, entitled "Burrard Landing CD-1 Text Amendment - Vancouver Convention and Exhibition Centre (VCEC) - 100 Thurlow Street" be approved in principle.

BY-LAWS

1. A By-law to authorize Council entering into a Heritage Revitalization Agreement with the Owner of Heritage Property (345 Water Street) (By-law No. 8519)

MOVED by Councillor Clarke
SECONDED by Councillor Kennedy

THAT the By-law be introduced and read a first time.

CARRIED UNANIMOUSLY

The By-law was read a first time and the Presiding Officer declared the by-law open for discussion and amendment.

There being no amendments, it was

MOVED by Councillor Clarke
SECONDED by Councillor Kennedy

THAT the By-law be given second and third readings and the Presiding Officer and City Clerk be authorized to sign and seal the By-law.

CARRIED UNANIMOUSLY
(Councillors Don Lee and Sullivan excused from voting.)

2. A By-law to designate heritage property, and to amend By-law No. 4837, being the Heritage By-law (345 Water Street) (By-law No. 8520)

MOVED by Councillor Clarke
SECONDED by Councillor Kennedy

THAT the By-law be introduced and read a first time.

CARRIED UNANIMOUSLY

The By-law was read a first time and the Presiding Officer declared the by-law open for discussion and amendment.

There being no amendments, it was

MOVED by Councillor Clarke
SECONDED by Councillor Kennedy

THAT the By-law be given second and third readings and the Presiding Officer and City Clerk be authorized to sign and seal the By-law.

CARRIED UNANIMOUSLY
(Councillors Don Lee and Sullivan excused from voting.)

3. A By-law to authorize Council entering into a Heritage Revitalization Agreement with the Owner of Heritage Property (732 and 750 Princess Avenue) (By-law No. 8521)

MOVED by Councillor Clarke
SECONDED by Councillor Kennedy

THAT the By-law be introduced and read a first time.

CARRIED UNANIMOUSLY

The By-law was read a first time and the Presiding Officer declared the by-law open for discussion and amendment.

There being no amendments, it was

MOVED by Councillor Clarke
SECONDED by Councillor Kennedy

THAT the By-law be given second and third readings and the Presiding Officer and City Clerk be authorized to sign and seal the By-law.

CARRIED UNANIMOUSLY
(Councillors Don Lee and Sullivan excused from voting)

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