Public Hearing Minutes - July 23, 2002

CITY OF VANCOUVER

SPECIAL COUNCIL MEETING MINUTES

JULY 23, 2002

A Special Meeting of the Council of the City of Vancouver was held on Tuesday, July 23, 2002, at 7:45 p.m., in the Council Chamber, Third Floor, City Hall, for the purpose of holding a Public Hearing to consider proposed amendments to the Heritage and Zoning and Development By-laws, the Coal Harbour Official Development Plan, and enter into Heritage Revitalization Agreements.

PRESENT:

Mayor Philip Owen
Councillor Fred Bass
Councillor Jennifer Clarke
Councillor Lynne Kennedy
Councillor Daniel Lee
*Councillor Don Lee
Councillor Tim Louis
Councillor Sandy McCormick
Councillor George Puil
*Councillor Sam Sullivan

ABSENT:

Councillor Gordon Price (Sick Leave)

CITY CLERK'S OFFICE:

Denise Salmon, Meeting Coordinator

*denotes presence for a portion of the meeting

COMMITTEE OF THE WHOLE

MOVED by Councillor Daniel 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 Heritage and Zoning and Development By-laws, the Coal Harbour Official Development Plan, and to enter into Heritage Revitalization Agreements.

CARRIED UNANIMOUSLY

1. Heritage Designation: 345 Water Street

An application by Simon Bonnettemaker was considered as follows:

Summary: The proposed heritage designation and Heritage Revitalization Agreement would protect the building and permit transfer of density off site.

The Director of Current Planning recommended approval.

Staff Comments

Yardley McNeill, Heritage Planner, advised she was present to answer questions.

Applicant Comments

Mr. Bonnettemaker, applicant, advised he was present to answer questions.

Summary of Correspondence

No correspondence was received.

Speakers

The Mayor called for speakers for and against the application and none were present.

Council Decision

MOVED by Councillor Clarke

A. THAT Council authorize the City to enter into a Heritage Revitalization Agreement to secure the conservation and rehabilitation of the Taylor Building at 310 Water Street and to supplement Development Application 406444, and the HA-2 zoning, by granting a density bonus of 3 370 m2 (36,285 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 Taylor Building, 310 Water Street, as a Municipal Heritage Building.

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

CARRIED UNANIMOUSLY
(Councillors Don Lee and Sullivan absent for the vote.)

2. Heritage Designation: 728 Jackson Avenue

An application by Brad Alberts was considered as follows:

Summary: The proposed heritage designation and Heritage Revitalization Agreement would secure protection and restoration of two buildings.

The Director of Current Planning recommended approval.

Staff Comments

Yardley McNeill, Heritage Planner, advised she was present to answer questions.

Applicant Comments

Mr. Alberts, applicant, advised he was present to answer questions.

Summary of Correspondence

No correspondence was received.

Speakers

The Mayor called for speakers for and against the application and none were present.

Council Decision

MOVED by Councillor Louis

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.

CARRIED UNANIMOUSLY
(Councillors Don Lee and Sullivan absent for the vote.)

3. Heritage Designation: 732 Princess Avenue

An application by Muffy McCuiag and Nicole Liddell was considered as follows:

Summary: The proposed heritage designation and Heritage Revitalization Agreement would enable subdivision and protect two heritage houses.

The Director of Current Planning recommended approval.

Staff Comments

Terry Brunette, Heritage Planner, advised he was present to answer questions.

Applicant Comments

Ms. Liddell, applicant, advised she was present to answer questions.

Summary of Correspondence

No correspondence was received.

Speakers

The Mayor called for speakers for and against the application and none were present.

Council Decision

MOVED by Councillor McCormick

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 twoheritage houses as Protected Heritage Property.

CARRIED UNANIMOUSLY
(Councillors Don Lee and Sullivan absent for the vote.)

4. Text Amendment: 1199 West Hastings Street

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

Summary: The proposed text amendment would permit a one-storey restaurant. If approved, the by-law would be accompanied at time of enactment by amendments to the Harbour Green Neighbourhood CD-1 Guidelines (501 Bute Street).

The Director of Current Planning recommended approval.

Staff Comments

Alan Duncan, Planner, advised he was present to answer questions.

Summary of Correspondence

No correspondence was received since the date the application was referred to Public Hearing.

Speakers

The Mayor called for speakers for and against the application and none were present.

Council Decision

MOVED by Councillor Puil

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.

CARRIED UNANIMOUSLY
(Councillor Sullivan not present for the vote.)

5. Text Amendment: 201 Burrard Street (100 Thurlow Street)

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

Summary: The proposed text amendment to the CD-1 by-law and Coal Harbour Official Development Plan would permit a Convention and Exhibition Centre. Draft Vancouver Convention and Exhibition Centre Guidelines are also put forward for adoption in principle by Council.

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

Staff Comments

Larry Beasley, Director of Current Planning, described the application and noted this rezoning is initiated to simplify and shorten the process necessary to achieve form of development approvals when funding has been secured and a design has been developed. Mr. Beasley further advised this rezoning does not remove the development rights for development according to the Burrard Landing concept if the trade and convention proposal falls through on this particular site.

Tom Phipps, Planner, noted the proposed amendments relate to use and density necessary to accommodate the convention centre and guidelines provided in the package are based upon conceptual planning issues. Mr. Phipps provided additional details of public realm opportunities related to the project.

Summary of Correspondence

No correspondence was received since the date the application was referred to Public Hearing.

Speakers

The Mayor called for speakers for and against the application.

The following speakers supported approval of the application:

Dave Park, Assistant Managing Director and

Chief Economist, Vancouver Board of Trade

Larry Belseeto, Renaissance Hotel and Chair of the Hotel Association
John McLean, Executive Director,

Vancouver Convention Centre Expansion Task Force

Following are some of the comments made in support of the application:

· this project is essential to community growth; benefits include jobs and revenue streams to governments;
· without the expansion volumes, convention centre business will decline;
· the design will complement and be integrated with the existing facility and will complete the regeneration of the downtown waterfront;
· the proposal is well founded, with a comprehensive business plan;
· this new activity will help with declining hotel occupancy; and
· many local, provincial and national groups have expressed support for the expansion.

Council Decision

MOVED by Cllr. McCormick

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, tosecure 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.

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 Daniel Lee
SECONDED by Councillor Don Lee

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

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)