CITY OF VANCOUVER

SPECIAL COUNCIL MEETING MINUTES

July 25, 2002

A Special Meeting of the Council of the City of Vancouver was held on Thursday, July 25, 2002, 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 Bylaw, False Creek North Official Development Plan, Sign By-law and Heritage By-law, and Heritage Revitalization Agreements.

PRESENT:	Mayor Philip Owen* Councillor Don Lee, Acting Chair (Item 4) Councillor Fred Bass Councillor Lynne Kennedy Councillor Tim Louis Councillor Sandy McCormick Councillor Gordon Price Councillor Sam Sullivan
ABSENT:	Councillor Jennifer Clarke (Leave of Absence) Councillor Daniel Lee (Sick Leave) Councillor George Puil (Leave of Absence)
CITY CLERK'S OFFICE:	Nancy Largent, Meeting Coordinator

* denotes presence for a portion of the meeting

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 Bylaw.

CARRIED UNANIMOUSLY

1. Text Amendment: 7250 Oak Street 1401-47/5306

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

Summary: The proposed text amendment would exclude a porte cochère from floor space calculations and correct a parking space reference.

The Director of Current Planning recommended approval.

Staff Comments

Dave Thomsett, Senior Planner, briefly introduced the application and offered to answer any questions.

Summary of Correspondence

No correspondence was received since this item was referred to Public Hearing.

Speakers

The Mayor called for any speakers and none came forward.

Council Decision

MOVED by Councillor McCormick

THAT the application by the Director of Current Planning to amend CD-1 By-law No. 8457 for 7250 Oak Street (Lot 2, LMP 53218, Block 16A, DL 526) to exclude a porte-cochère from the computation of floor space ratio and to correct a typographical error regarding parking uses be approved.

CARRIED UNANIMOUSLY

2. Rezoning: 600 Granville Street 1401-47/5304

An application by Malcolm Elliott, Architectura, was considered as follows:

Summary: The proposed rezoning would allow a mixed-use residential commercial development with rapid transit access and heritage building restoration. The Sign By-law will also be amended.

The proposed heritage designations and Heritage Revitalization Agreementswould protect buildings at 600 and 648 Granville Street and 602 and 615 Seymour Streets. (For consideration after Public Hearing.)

The Director of Current Planning recommended approval, subject to conditions set out in the agenda of the Public Hearing, which were adopted this day by resolution of Council.

Also before Council were the following three memoranda from the Senior Rezoning Planner:

Parking Requirement Clarification - 600 Granville Street
July 22, 2002:

The draft by-law provisions dealing with parking requirements, as presented in the package submitted for 600 Granville Street, prescribe appropriate residential parking minimum and maximum standards which are based on research into nearby new residential buildings. For the commercial components, the parking standards of Section 4.3 of the Parking By-law, prescribing minimum and maximum standards for the downtown area, were viewed as appropriate, so no explicit alternative standards were specified. However, according to Section 4.1.5 of the Parking By-law, dealing with CD-1 district requirements, where no alternative standards are specified, the default is to Section 4.2, which deals with outlying areas of the city and prescribes no maximum and greater minimum standards compared with Section 4.3. This would require much more parking than should be provided and needs to be changed to the downtown commercial standard.

To remedy this, a housekeeping amendment report already in preparation will be presented for Council approval in September, prior to enactment of the 600 Granville text amendments. The housekeeping report will propose to modify the default for CD-1 zonings such that sites located within the downtown area will be governed by Section 4.3 rather than 4.2. This will ensure that henceforth the appropriate By-law section governs not just the 600 Granville site, but all others that are situated in the downtown area, and avoid any future mis-application of standards. Meanwhile, staff will work with the applicant on the basis that downtown standards apply to the commercial components of this site.

This is provided for Council's information. No action is required of Council at this time.

Parking Requirement Clarification - 600 Granville Street
July 25, 2002:

Further to yellow memo of July 22, 2002 regarding the parking requirements for the 600 Granville Street project, in addition to the actions outlined in that memo, staff recommend that Section 5 of the by-law before Council tonight be amended to reflect the changes outlined in Appendix A* to this memo.

The changes would clarify that:

· for Sub-area A commercial uses, section 4.3.1, Area I of the Parking By-law would apply to provide for downtown parking standards;
· for Sub-area B commercial uses, section 4.4.2 of the Parking By-law would apply to provide parking standards for heritage buildings outside HA districts; and
· for Sub-area A residential uses, the parking requirements would be based upon gross floor area.

* Amendments set out in Appendix A were adopted by resolution of Council

600 Granville Street - Additional Instruction
July 25, 2002

The rezoning referral report for 600 Granville Street should have included an instruction regarding an amendment to the Noise Control By-law. Therefore during consideration of this item the following instruction should be added:

FURTHER THAT the Director of Legal Services be instructed to bring forward the following amendments to the Noise Control By-law at the time of enactment of the zoning by-law.

Draft Amendment to Noise Control By-law No. 6555

Amend Schedule A (Activity Zone) by adding the following:

"[CD-1# ] [By-law # ] 600 Granville Street"

Staff Opening Comments

Dave Thomsett, Senior Rezoning Planner, reviewed the application with reference to residential use, heritage issues, and improved public access to the Granville SkyTrain Station, and referenced the foregoing memoranda re the Noise Control By-law and parking requirements. A rezoning application was needed for this project because residential use is not permitted in Area A of the Central Business District where the site is located. However, the Central Area Plan allows for consideration of this rezoning application because it proposes significant heritage retention initiatives.

Mr. Thomsett noted that area businesses are generally supportive, although the Hudson's Bay Company has concerns regarding increased congestion in the lanes. A copy of a July 25, 2002 letter from Hudson's Bay Company Real Estate Limited (on file in the City Clerk's Office), outlining its concerns, was referenced. Mr. Thomsett explained how staff will be working with The Bay to ameliorate its concerns.

Larry Beasley, Director of Current Planning, Paul Pinsker, Parking and Development Engineer, Gerry McGeough, Heritage Planner, and Mr. Thomsett responded to questions about noise abatement and ensuring prospective residents' awareness of noise potential, parking standards, and heritage preservation and restoration.

Applicant Comments

Malcolm Elliott, applicant, cited benefits which the application will bring to this negelcted portion of Granville Street: life and activity in the streets; handicapped access to the Granville SkyTrain Station; designation of four heritage buildings, protecting 86% of the block; and the addition of much-needed residential accommodation to this part of town.

Summary of Correspondence

No correspondence was received since this item was referred to Public Hearing.

Speakers

The following three speakers supported the application because it will provide access to the Granville SkyTrain Station for people with all kinds of disabilities, including visitors:

Bruce Chown, Special Advisory Committee on Seniors
Brad McCannell
Vince Miele, BC Paraplegic Association.

Dave Chard, Hudson's Bay Company Real Estate Limited, expressed concerns about possible congestion in the lane blocking access to the loading bay and requested that this receive further study.

Mr. Beasley pointed out that condition C (xii) covers the Hudson's Bay Company's concerns and instructs staff to work with the company and the applicant to solve the problem.

The Mayor called for any further speakers and none came forward.

Council Decision

MOVED by Councillor Price

A. THAT the application by Malcolm Elliot, Architectura, to rezone 600 Granville Street (Lots 1 to 9 inclusive, Block 23, DL 541, Plan 210 and Lot 10 [Reference Plan 2608], Block 43, DL 541, Plan 5428) and 602 Dunsmuir Street (Parcel A, Block 43, DL 541, Plan LMP 38754A) from DD to CD-1, to permit four levels of commercial use plus rapid transit access and a residential tower with retention of existing hotel and restaurant development, be approved generally as contained in Appendix A of the Policy report dated May 28, 2002, entitled "CD-1 Rezoning - 600 Granville Street and 602 Dunsmuir Street", subject to the following conditions:

(a) That for Site A, the proposed form of development be approved by Council in principle, generally as prepared by Malcolm Elliot, Architectura, and stamped "Received Planning Department", April 18, 2002 and May 16, 2002, provided that the Director of Planning or the Development Permit Board, as the case may be, may allow minor alterations to this form of development when approving the detailed scheme of development as outlined in (c) below.

(b) That for Site B, the proposed form of development be approved by Council in principle, being the plans of the St. Regis Hotel as prepared by W.A. Geppert and Associates, and stamped "Received Planning Department" April 26, 2002 and the plans of the Gotham Restaurant as

prepared by Darrell J. Epp, Architect Ltd, and stamped "Received Planning Department" April 25, 2002, provided that the Director of Planning or the Development Permit Board, as the case may be, may allow minor alterations to this form of development when approving any future detailed scheme of development.

(c) That for Site A, 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 the Development Permit Board, as the case may be, who shall have particular regard to the following:

DESIGN DEVELOPMENT

(i) design development to refine the overall building character;

Note to applicant: Areas to be reviewed include, among others, the following: roof top form and detailing; residential entrance identity; all exterior building materials and detailing; andmaterial colours need to compliment the context;

(ii) design development to develop further all plan aspects of each level of the proposal;

(iii) design development to refine the semi-private open space systems and provide details of all aspects;

(iv) design development to define further the operation, function, and design of all the amenity areas;

(v) design development to upgrade the surface material of the City lane;

(vi) design development to visually improve the party wall of the Bay, adjacent to and above 648 Granville Street;

Note to applicant: options may include vertical on-site elements or arrangements with the Bay to apply new material to the wall;

(vii) provide a security plan for the whole project including residential, commercial and SkyTrain functions;

HERITAGE

(viii) Design development to explore making the proposed new canopies of BC Electric Showroom Building contemporary in character yet compatible with the two proposed historic character canopies;

(ix) Design development to sensitively integrate the historic 648 Granville Street facade in plan and section into the new development in a manner that maximizes the experience of it as a building, while balancing the need to achieve tenant circulation needs;

(x) Submit as part of the Development Permit Application, drawings and outline specification for the rehabilitation of the St Regis Hotel, BC Electric Showroom Building and 648 Granville;

(xi) A letter of assurance from an architect or engineer having substantive heritage conservation experience that therehabilitation work executed will be consistent with the rehabilitation work identified in the Development Permit and the Heritage Revitalization Agreement;

ENGINEERING SERVICES

(xii) A loading management plan and 4 party agreement addressing loading issues in the lane will be required prior to issuance of the D.P. including amendments to the applicable development permits for Parcel A to implement the loading plan, or other arrangements to the satisfaction of the General Manager of Engineering Services that address the loading management demands that this and the adjacent developments may place on the lane;

(xiii) Deletion of the proposed roof/canopy structure from encroaching into the lane;

(xiv) The bicycle storage facilities are to be designed to the requirements of the Vancouver Parking By-law, including separation to a maximum of 40 bicycles per room or unit;

(xv) A separate application to the General Manager of Engineering Services for use below the lane and road will be required; and

CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN (CPTED)

(xvi) design development to take into consideration the principles of CPTED (Crime Prevention Through Environmental Design) having particular regard to reducing opportunities for:

· theft in the underground through separation of live/work and commercial elevators, parking areas and exiting;
· break and enter;
· mischief and vandalism such as graffiti; and
· mischief in door alcoves on the lane and street, and by gating the loading bay.

(d) That, prior to enactment of the CD-1 By-law, the registered owners of Sites A and B shall, at no cost to the City:

ENGINEERING SERVICES

(i) make arrangements to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services for consolidation of lots 1 to 9 inclusive, Block 43, DL 541, Plan 210 and lot 10 (Reference Plan 2608), Block 43, DL 541, Plan 5428;

(ii) make arrangements to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services for dedication of a 10' by 10' corner cut off from the southwest corner of Parcel A (St. Regis Hotel/Gotham site) for lane purposes;

(iii) make arrangements to the satisfaction of the General Manager of Engineering Services, the Director of Legal Services and Translink for a disability connection to the Granville Street SkyTrain platform;

(iv) make arrangements to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services for removal of the existing areaways adjacent the site;

(v) make arrangements for all new hydro and Telus cables to be under grounded from the closest existing suitable service point;

HERITAGE

(vi) THAT the owners of the two "B" listed Heritage Register buildings at 600 Granville Street (BC Electric Showroom) and 648 Granville Street:

· enter into a Heritage Revitalization Agreement with the City, and that the City can and does register such By-law, to secure the rehabilitation, protection and on-going maintenance of the heritage street facades and to vary the Development Cost Levy By-law to reduce the DCL rate from $26.91 m² to $24.37 m²;
· enter into an associated agreement with the City to secure the temporary protection and the prompt rehabilitation of these facades;
· agree to the City designating the street facades of the "B" listed Heritage Register buildings under Schedule "B" of the Heritage By-law, without further compensation;

all to the satisfaction of the Director of Legal Services;

(vii) THAT the owners of the two "C" listed Heritage Register buildings at 602 Dunsmuir Street (St. Regis Hotel) and 615 Seymour Street (Gotham Restaurant):

· enter into a Heritage Revitalization Agreement with the City, and that the City can and does register such By-law, to secure the rehabilitation, protection and on-going maintenance of the two "C" listed buildings;
· enter into an associated agreement with the City to secure the phased rehabilitation of the St. Regis Hotel street facades and to prohibit the transfer of associated density until completion of such rehabilitation; and
· agree to the City designating the two "C" listed Heritage Register buildings under Schedule "A" of the Heritage By-law without further compensation;

all to the satisfaction of the Director of Legal Services.; and

FURTHER THAT the draft bylaw be amended as follows, as recommended in Appendix A of the memorandum from the Senior Rezoning Planner dated July 25, 2002 (deletions are shown as strikeout, additions are bold italics):

Parking and Loading

5.1 Any development or use of the site requires the provision, development, and maintenance, in accordance with the requirements of the Parking By-law, of off-street parking, loading, and bicycle storage, except that:

(a) the relaxations and exemptions in the Parking By-law will be available;

(b) in Sub-area A, for commercial uses, the parking requirements will be as per section 4.3.1, Area I of the Parking By-law;

(c) in Sub-area B, for commercial uses, the parking requirement will be as per section 4.4.2 of the Parking By-law;

(b)(d) in Sub-area A, for dwelling units, the following parking space requirements will apply based upon gross floor area:

(i) for dwelling units less than 44 m², a minimum of 0.3 space per dwelling unit and a maximum of 0.5 space per dwelling unit,

(ii) for dwelling units 44 m² or more but less than 70 m², the requirement will increase at a rate of 0.025 space per square metre above 44 m², and

(iii) for dwelling units 70 m² or more, the requirement will increase at a rate of 0.008 space per square metre,

except that in no case will more than 2.0 parking spaces per dwelling unit be required or more than 2.2 parking spaces per dwelling unit be permitted;

(c) (e) in Sub-area A, for dwelling units, the following loading space requirements will apply:

(i) for fewer than 99 dwelling units, no requirement,

(ii) for 100 to 299 dwelling units, at least one Class B loading space,

(iii) for 300 or more dwelling units, at least two Class B loading spaces, except that it will be permissible to meet the requirement to provide two Class B loading spaces by making one of the commercial loading bays available for residential use if there is access thereto satisfactory to the Director of Planning in consultation with the General Manager of Engineering Services;

(d) (f) in Sub-area A, for commercial uses, there must be at least two Class A and two Class B loading spaces; and

(e) (g) in Sub-area A, there must be a minimum overhead clearance of 3.8 m for all Class B loading spaces and related manoeuvring and access aisles.

5.2 The Parking By-law including, without limitation, the design standards in section 4.8 thereof will apply.

B. THAT the Sign By-law be amended to establish regulations for this CD-1 in accordance with:

· Schedule G (Granville Street) for Site A; and

· Schedule B (DD) for Site B, including Section 1 (d) to not permit a billboard.

C. THAT the Director of Legal Services be instructed to bring forward the following amendments to the Noise Control By-law at the time of enactment of the Zoning By-law:

Draft Amendment to Noise Control By-law No. 6555

Amend Schedule A (Activity Zone) by adding the following:

"[CD-1 #] [By-law #] 600 Granville Street".

D. THAT Council designate the following as protected heritage properties:

(i) designate the street facade of the "B" listed BC Electric Showroom Building at 600 Granville Street, and the street facade of 648 Granville Street under Schedule "B" of the Heritage By-law;

(ii) designate the St. Regis Hotel and Gotham Restaurant building under Schedule "A" of the Heritage By-law; and

E. THAT the Director of Legal Services be authorized to enter into Heritage Revitalization Agreements for the following properties:

(i) 600 and 648 Granville Street to:

· secure the rehabilitation, protection and on-going maintenance of the street facades of the BC Electric Showroom Building and 648 Granville Street; and
· vary the Development Cost Levy By-law to reduce the rate from $26.91 m² to $24.37 m²; and

(ii) 602 Dunsmuir and 615 Seymour to:

· secure the rehabilitation, protection and on-going maintenance of the St. Regis Hotel and the protection and on-going maintenance of the Gotham Restaurant building.

CARRIED UNANIMOUSLY

3. Text Amendment: I-3 District Schedule 1401-47/5302

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

Summary: The proposed amendment would make Information Technology uses over a floor space ratio of 1.00 conditional. The amended I-3 District Guidelines False Creek Flats would also be adopted at time of enactment.

The Director of Current Planning recommended approval.

Staff Opening Comments

Ian Smith, Senior Planner, briefly introduced the application and offered to answer any questions.

Summary of Correspondence

No correspondence was received since this item was referred to Public Hearing.

Speakers

The Mayor called for any speakers and none came forward.

Council Decision

MOVED by Councillor Bass

THAT the I-3 District Schedule be amended to require conditional approval of Information Technology uses over 1.0 FSR, generally as contained in Appendix A of the Policy Report dated May 28, 2002, entitled "Text Amendment: I-3 District -Conditional Density Provision"; and

FURTHER THAT the draft I-3 District Guidelines for the False Creek Flats, generally as contained in Appendix B of the Policy Report dated May 28, 2002, entitled "Text Amendment: I-3 District - Conditional Density Provision", be approved.

CARRIED UNANIMOUSLY

- - - - -

Mayor Owen declared Conflict of Interest on item 4 because he has commercial and residential property interests in the area, and left the Council Chamber at 8:15 p.m. The Mayor did not return to the meeting. Councillor Don Lee assumed the Chair for the remainder of the meeting.

- - - - -

4. 651 Expo Boulevard and 630-696 Beatty Street 1401-47/5304

An application by Pacific Place Developments Corporation to rezone the sites at 651 Expo Boulevard from BCPED to CD-1 was considered as follows:

Summary: The proposed rezoning and associated amendments to the False Creek North Official Development Plan (ODP) would allow for future development of four high-rise residential towers, a mid-rise non-market housing development, and a Costco store.

An application by the Director of Current Planning to rezone the site at 696 Beatty Street to allow a residential floor area of 6747 m², and to amend the False Creek North Official Development Plan, By-law No. 6650 to include this site and floor area within Sub-Area 7B of False Creek North, was also considered.

The Director of Current Planning recommended approval, subject to conditions set out in the agenda of the Public Hearing, which were adopted this day by resolution of Council.

Council also had before it the following memorandum from the Director of Current Planning:

651 Expo Boulevard and 620-696 Beatty Street (Area 7B)
CD Rezoning and FCN ODP Text Amendments
July 25, 2002

Subsequent to referral of these applications to Public Hearing, progress has been made regarding arrangements for the sale of the City-owned Lot D at 696 Beatty Street to Pacific Place Developments Corp. and for the provision of parking spaces for the B.C. Regiment Drill Hall at 620 Beatty Street.

Accordingly, it is recommended that the conditions of approval be amended as follows:

1. Delete condition (c) (4) (xii) and substitute the following:

"Arrangements for the development and leasing of 23 normal-sized parking spaces for the Beatty Street Drill Hall (620 Beatty Street) in below-grade area near the Drill Hall and 7 parking spaces for over-sized vehicles in area under the Dunsmuir or Georgia Viaduct, all spaces to be as accessible to the Drill Hall as is feasible to achieve, to the satisfaction of the General Manager of Engineering Services and the Director of Current Planning, on terms and conditions acceptable to the Director of Legal Services, and subject to the prior approval of City Council."

2. Insert the following condition after (c) (4) (xxiii):

"LOT D

(5) Arrangements for the sale of the City-owned Lot D at 696 Beatty Street to Pacific Place Developments Corp. to the satisfaction of the Director of Real Estate Services and General Manager of Engineering Services, on terms and conditions acceptable to the Director of Legal Services, and subject to the prior approval of City Council."

Staff Opening Comments

Phil Mondor, Planner, reviewed the application with reference to the extensive public process, changes in land use and density, residential use, transfer of density, non-market housing conditions, and parking requirements. The proposed development of a Costco store

and provision of a pedestrian connection between the Stadium SkyTrain Station and BC Place Stadium were reviewed in some detail.

Larry Beasley, Director of Current Planning, noted significant differences between this urban Costco proposal and the suburban Wal-Mart proposal. The proposed Costco does more wholesale than retail business, would provide better access for both small businesses and residents in the area, and generate less traffic overall than is caused by area motorists going to existing Costco locations.

Applicant Opening Comments

Matt Meehan, Pacific Place Development Corporation, advised that the applicant is prepared to accept all conditions except the requirement to provide pedestrian access to BC Place Stadium at its cost. BC Place Stadium, not the applicant, is the owner of the land the connection is to be made to, and it should not be the applicant's responsibility to pay for the connection. It should be covered by the $1.8 Million payment-in-lieu.

Walter Kizinsky, Costco, stated that the company has wanted a downtown location for some years. Costco wishes to be respectful of the City and its visions, and this store will be radically different in its design and architecture from other Costcos. Mr. Kizinsky responded to questions about design details, transportation alternatives and delivery services, which will be worked out at the development permit stage.

Mr. Beasley commented that the ODP is very clear that there was a requirement for an eventual pedestrian connection across the site to the stadium, one of the least pedestrian-accessible areas in the downtown, and that it would be paid for by Concord Pacific (now Pacific Place Development Corporation). Payment-in-lieu is a separate requirement. Should the condition prove difficult to work out, it can be brought back to Council for further consideration.

Summary of Correspondence

Eight letters of support were received since the application was referred to Public Hearing.

Speakers

The following speakers opposed the application:

John Irwin, Southeast False Creek Working Group (brief filed)
Rob Wynen, West End Residents' Association

Following are some of the comments made in opposition to the application:

· big-box retail is not ecologically sustainable;
· big-box retail is not transit or pedestrian-friendly and traffic will increase;
· small retailers, e.g. in the West End and Chinatown, will be forced out of business, especially at this time while margins are tight and the vacancy rate rising;
· local resident-serving businesses such as groceries, meat markets and bakeries will be lost and their places taken by high-end retail;
· jobs created by Costco would be low-paying and part-time, not suitable replacement for jobs lost, and there will be little opportunity for employees to get to know customers;
· a Wal-Mart could be developed at International Village;
· the notification process did not include the West End.

The following speakers supported the application:

Susan Wilkins, area resident and a business owner
David Le Page, Fast Track to Employment
Vernon Kingman, West End resident and a business owner
Howard Goodrich

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

· the proposed Costco location will be more convenient for area residents and businesses alike;
· many Costco members will now drive less distance, use less fuel and generate less air pollution than when they had to go to Grandview or Richmond;
· the idea of a delivery service was supported;
· there is the opportunity for positive economic benefits to the Downtown Eastside through the creation of entry-level jobs and laddering opportunities for area residents;
· Council was asked to put a local employment condition on the development;
· retailers like to be where the traffic is - Costco will bring new traffic and business opportunities;
· business in the Downtown Eastside and Strathcona will be revitalized by the new shoppers and traffic brought to the area;
· Costco members also patronize their local merchants;
· the project will increase the City's tax base.

Graham Ramsay, BC Place Stadium, generally supported the application but expressed concerns about access around the stadium.

Mariel Roch, representing National Defence, advised that concerns regarding parking for the Beatty Street Drill Hall have now been resolved to the satisfaction of National Defence by the amended condition (c) (4) (xii) recommended by the Director of Current Planning.

In response to questions raised, Blake Hudema, retail consultant to the applicant, and Trevor Ward, transportation consultant, reviewed their findings with regard to Costco's wholesale/retail mix, numbers of customers and their points of origin, trip peak times, and fuel and time savings.

The Mayor called for any further speakers and none came forward.

Mr. Meehan responded to questions about the pedestrian connection and estimated costs for the work, and reiterated the applicant's objection to paying for a project on another owner's property. He also noted indications of support from groups such as the Downtown Eastside Residents' Association and the Chinatown and Strathcona Merchants' Associations.

Mr. Beasley, Mr. Mondor, and Paul Pinsker, Parking and Development Engineer, answered questions about notification, residential towers, low-cost rental, Costco's wholesale/retail mix, traffic loads, estimated travel time and fuel savings, and local employment strategy. Local employment is not a requirement in the ODP; however; staff can certainly work with the applicant, Costco and advocacy groups to encourage it.

Potential costs of the pedestrian connection to BC Place were also provided, with varying estimates. Mr. Beasley read out the section of the ODP relevant to the pedestrian connection, and explained its background and intent. Should Council desire further information, it should approve the condition but ask staff to report back on this issue. It is always within Council's power to relieve the applicant of a condition should it so desire.

Applicant Final Comments

Mr. Meehan commented that the applicant is prepared to discuss concerns regarding the pedestrian connector further with staff, and also to look into the question of local employment.

Staff Final Summation

Mr. Beasley and Mr. Mondor assured Council that all legal requirements regarding notification were met, and in addition, events such as public open houses were advertised in community newspapers. Costco has expressed interest in the question of local employment, and this issue will be discussed further. It was reiterated that should Council desire further information on the requirement for a pedestrian connection to BC Place stadium, it should approve the condition at this time and instruct staff to report back on the issue.

Council Decision

MOVED by Councillor Kennedy

A. THAT the application by Pacific Place Developments Corp. to rezone the sites at 651 Expo Boulevard (portion of Lot 156, except portions in Plans 21735, LMP12037, LMP12038 and LMP13010, False Creek, Plan 21458) and 690 Beatty Street (Lot 7, Plan 4656, Block 49, D.L. 541) from BCPED to CD, generally as contained in Appendix A of the Policy Rport dated June 13, 2002, entitled "Comprehensive Development (CD) Rezoning and False Creek North Official Development Plan Amendments: 651 Expo Boulevard and 690-696 Beatty Street", be approved, subject to the the following conditions amended as recommended in the memorandum from the Director of Current Planning dated July 25, 2002 (italics denote amendment):

(a) THAT the proposed form of development be approved by Council in principle, generally as prepared by James K. M. Cheng Architects Inc., and stamped "Received, City Planning Department, April 23, 2002", provided that the Director of Planning, or Development Permit Board,may allow alterations to the form of development when approving the detailed scheme of development as outlined in (b) below.

(b) THAT, prior to final approval by Council of the form of development, the applicant shall obtain approval of a development application by the Development Permit Board who shall have particular regard to the following:

DESIGN DEVELOPMENT

1) design development to the non-market residential site to ensure livability and viability - aspects to review include, among other things: eliminating the stepped built form; combining the two parking access points into one to provide more semi-private open space; and orient more built form toward the public open space to better define that space;

2) design development to the lower built form of the market housing to introduce more variety and residential presence on the viaducts - aspects to review include, among other things: increasing the building height at the south-west and north-east corners, and strengthening the townhouse character and use;

3) design development to the residential character and presence on the internal street - aspects to review include, among other things: locating the parking entrances onto the north-south road, and minimizing the tower lobby areas;

4) design development to allow views through the site to GM Place - aspects to review include, among other things: relocating the amenity area or providing pedestrian access through or under the amenity area to the pedestrian path above the Expo Boulevard facade, taking into consideration the principles of CPTED (Crime Prevention Through Environmental Design);

5) design development to optimize the width of the pedestrian system along the upper level of the Expo Boulevard facade, taking into consideration the principles of CPTED (Crime Prevention Through Environmental Design);

6) design development of the public open space and the Expo Boulevard facade and pedestrian walkway above it at the south-east corner of the site (Georgia Viaduct and Expo Blvd.) -aspects to consider include acknowledgement and reference, and re-integration or replication if possible, of the historic resources on the commemorative plaza at 696 Beatty Street, including sculpture, railings and lamps from the original Georgia Viaduct's western approach, and the Dunsmuir rail tunnel portal;

7) design development to the Expo Boulevard facade to enhance its visual experience and recollect the escarpment - aspects to consider include, among other things: introducing a substantial vertical landscaped wall at the southerly end of the facade; introducing a vertical water course at the easterly end of the facade in conjunction with the elevator and stair system;

8) design development to increase the amount of planting, including trees, along the parking facade facing Expo Boulevard;

9) design development to the canopy system along Expo Boulevard to ensure natural light access - aspects to review include, among other things: maximizing the amount of glass;

10) design development to the landscaping and treatment of the areas under the viaducts - aspects to review include, among other things: horizontal and vertical materials;

CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN

11) design development to consider the principles of CPTED (Crime Prevention Through Environmental Design), having particular regard for:

(i) design of underdeck areas to reduce opportunities for mischief and vandalism.
(ii) separation of parking users including exit stairs to ensure security.
(iii) ensuring that all pathways are clearly defined with defensible design.
(iv) reducing opportunities for graffiti and skateboarding.
(v) preparation of a parking security report.

LANDSCAPE

12) preparation of a comprehensive landscape plan, including consideration of the following:

(i) a second pedestrian walkway, with double row of trees, along the southern edge of the public open space adjacent to the Drill Hall.
(ii) a double row of trees along the east side of the new street connecting West Georgia to Dunsmuir.
(iii) east-west pedestrian access by creating a walkway between the proposed Amenity building and Tower B.

PARKING AND LOADING

13) parking provision will be subject to the following:

(i) preparation of a transportation demand management plan, including the development of a carpool plan/transit policy for employees.

(ii) pilot project to assist Costco members who choose to walk to the store, including provision of shopping carts, wagons

and/or other pedestrian-serving conveniences.

(iii) pilot project for the operation of delivery services.

14) loading provision will be subject to the following:

(i) design and access of goods loading for the Costco store requires further development, ensuring that:

- all trucks enter and leave the site moving forward,
- all manoeuvring occurs on site, and
- conflicts with other vehicles and pedestrians are minimized; and

(ii) consideration of pick-up/drop-off zone near the pedestrian entrance.

AGREEMENTS

(c) THAT, prior to enactment of the CD-1 By-law and False Creek North Official Development Plan amending by-law, at no cost to the City, the registered owner shall make arrangements for the following:

NON-MARKET HOUSING

1) the Non-Market Housing Agreement which secures the provision of a site in Area 7B for 100 non-market housing units (50 family and 50 non-family), be amended on terms and conditions to the satisfaction of the Director of the Housing Centre and the Director of Legal Services, to include transfer to Area 7B of an obligation to provide a site for 116 non-market housing units (61 family and 55 non-family) from Area 6C, for a total of 216 non-market housing units (111 family and 105 non-family); and

2) one or more agreements satisfactory to the City Manager and the Directors of the Housing Centre and Legal Services by which sufficient parcels shall be conveyed to the City for the 216 non-market housing units to be constructed within the site, at a price acceptable to City Council. Such parcels are for such non-market housing programs or initiatives as City Council may generally define or specifically approve from time to time.

PUBLIC ART

3) execute an agreement, satisfactory to the Directors of Legal Services and Social Planning, for the provision of public art in accordance with the City's Public Art Policies and Guidelines.

ENGINEERING

4) the registered owner shall, at no cost to the City, and to the satisfaction of the Director of Legal Services and the General Manger of Engineering Services, complete the following:

SUBDIVISION

(i) Subdivide the subject portion of Lot 156 to create a single parcel (proposed Lot 289).

(ii) Subdivide the proposed Lot 289 to achieve the dedications referred to in ROAD AND OPEN SPACE DEDICATIONS.

(iii) Subdivide the proposed Lot 289 to create an air space parcel for the Costco Wholesale store.

CHARGE SUMMARY

(iv) 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. (Provide summary of charges that apply only to proposed Lot 289).

SOILS REMEDIATION

(v) Obtain and submit to the City copies of all soils studies and the consequential Remediation Plan, approved by the Ministry of Environment. Enter into or cause to be entered into by the Province of British Columbia, agreements satisfactory to the Director of Legal Services, providing for the remediation of any contaminated soils on the Area 7B in accordance with a Remediation Plan approved by the Ministry of Environment and acceptable to the City, providing security satisfactory to the Director of Legal Services for the completion of remediation and indemnifying the City and the Approving Officer against any liability or costs which may be incurred as a result of the presence of contaminated soils on the site.

SOILS INDEMNITY AGREEMENT

(vi) Execute an Indemnity Agreement, satisfactory to the Director of Legal Services, providing for security to the satisfaction of the Director of Legal Services, protecting the City and the Approving Officer from all liability or damages arising out of or related to the presence of contaminated soils on the lands comprising the subject site, howsoever occurring, arising during the period commencing immediately following the Public Hearing until such time as the Ministry of Environment issues an approval, in a form satisfactory to the Director of Legal Services and the General Manager of Engineering Services, certifying that the subject site, including all roads, utility corridors and open spaces contained therein, have been remediated to Provincial Standards as definedin such approval.

SOILS VANCOUVER CHARTER

(vii) Shall, as required by the General Manager of Engineering Services and the City's Director of Legal Services in their discretion, do all things and/or enter into such agreements deemed necessary to fulfill the requirements of Section 571(B) of the Vancouver Charter.

OCCUPANCY

(viii) Execute a Section 219 Covenant, satisfactory to the Director of Legal Services, that there will be no occupancy of any buildings or improvements on the subject site constructed pursuant to this rezoning until an approval, in a form satisfactory to the Director of Legal Services and the General Manager of Engineering Services, have been provided to the City by the Ministry of Environment.

SERVICES AGREEMENT

(ix) Execute a Services Agreement to ensure that all on-site and off-site works and services necessary or incidental to the servicing of this site (collectively called the "services") are designed, constructed, and installed at no cost to the City, and to provide for the grant of all necessary street dedications and rights-of-way for the Services, all to the satisfaction of the Director of Legal Services and the General Manager of Engineering Services. Without limiting the discretion of the said City officials, this agreement shall include provisions that:

1. No Development Permit in respect of any improvements to be constructed on the subject site pursuant to this rezoning shall be issued until the design of all of the Services is completed to the satisfaction of the General Manager of Engineering Services;

2. The design of all the Services will be completed to the satisfaction of the General Manager of EngineeringServices prior to (i) tendering for the construction of any of the Services; or (ii) any construction of the Services if the Property Owner decides not to tender the construction;

3. No occupancy of any buildings or improvements constructed pursuant to the rezoning until all Services are completed to the satisfaction of the General Manager of Engineering Services;

4. In addition to standard utilities, necessary services will include the provision of:

- a pedestrian connection from the south side of Georgia Street to the Stadium Plaza Concourse to be provided to the satisfaction of the General Manager of Engineering Services and the Director of Planning,

- sidewalk widths on Beatty Street, Expo Boulevard, Georgia Street, Dunsmuir Street adjacent to the site and on the proposed internal street are to be provided to the satisfaction of the General Manager of Engineering Services and the Director of Planning,

- the realignment of Griffiths Way to lie opposite the Costco vehicular entrance below Georgia Viaduct, thereby improving the level of service at the Abbott Street/Expo Boulevard intersection,

- signals at the intersections of the proposed internal roadway with the Dunsmuir and Georgia Viaducts, and at Griffiths Way and Expo Boulevard, and

- a plan, including recommending and installing traffic calming measures, to ensure that the existing lane running behind Beatty Street cannot be used by Costco customers and site residents.

STADIUM PARKING AGREEMENT

(x) Execute a modification to the existing Stadium Parking Agreement to transfer the obligation for 100 built stalls to another Concord site and transfer the obligation for 50 pay-in lieu stalls to this site from another Concord site, all to the satisfaction of the General Manager of Engineering Services.

As there is already an obligation on this site to provide 150 pay-in-lieu stalls, the applicant will be required to provide a total of 200 pay-in-lieu parking stalls. As an alternative, the General Manager of Engineering Services and the Director of Current Planning may report on the disposition of these pay-in-lieu funds.

COSTCO PARKING AGREEMENT

(xi) Execute an agreement to allow the applicant to construct and operate 726 commercial parking stalls, and obligating the applicant to ensure that the 726 spaces are available only on a short-term (hourly) basis and are not to be subject to any long term leases.

DRILL HALL PARKING AGREEMENT

(xii) Arrangements for the development and leasing of 23 normal-sized parking spaces for the Beatty Street Drill Hall (620 Beatty Street) in below-grade area near the Drill Hall and 7 parking spaces for over-sized vehicles in area under the Dunsmuir or Georgia Viaduct, all spaces to be as accessible to the Drill Hall as is feasible to achieve, to the satisfaction of the General Manager of Engineering Services and the Director of Current Planning, on terms and conditions acceptable to the Director of Legal Services, and subject to the prior approval of City Council.

ROAD AND OPEN SPACE DEDICATIONS

(xiii) Arrange for the dedication, right of way or other agreement for the road, open space and internal road system within the site, and the area under the Viaducts.

RIGHTS-OF-WAY

(xiv) Arrange for rights-of-way for any shared private open spaces. Amendments will be required to statutory right-of-ways for existing road, and for internal roads within site.

USE OF SPACE UNDER THE VIADUCTS

(xv) Arrange for temporary parking and any other uses under the Viaducts, including registration of a Bridge Proximity Agreement and any agreements required to allow for the granting to the applicant, at nominal cost, and for the life of the Costco building the granting of a lease, easement or any other right to use the space under the viaducts.

These agreements will take into consideration the provision of long-term parking for the Beatty Street Drill Hall (see (xii) above).

RIGHT-OF-WAY FOR SIDEWALK

(xvi) Execute an agreement to secure sidewalk rights-of-way on the proposed Georgia and Dunsmuir Viaduct walkways adjacent to the site, including the obligation for support and maintenance.

ELEVATED WALKWAYS AGREEMENT

(xvii) The existing agreement dealing with the design, construction, maintenance, and use by the public of the elevated walkways connecting Beatty Street with GM Place is to be discharged or modified, to the satisfaction of the Director of Legal Services and the General Manager of Engineering Services.

STREET LANDSCAPING

(xviii) Execute an agreement to secure installation, irrigation and support of all street trees and landscaping features to be located on the new Georgia and Dunsmuir Viaduct walkways adjacent to the site.

MAINTENANCE OF PUBLIC OPEN SPACES

(xix) Execute an agreement to secure public access rights to, and maintenance of the public open space to the satisfaction of the Director of Planning and the General Manager of Engineering Services.

BEATTY STREET BULKHEAD

(xx) Execute an agreement for provision and maintenance of a bulkhead to ensure continued support of Beatty Street.

DUNSMUIR TUNNEL

(xxi) The Dunsmuir Tunnel is to be filled and closed, to the satisfaction of the General Manager of Engineering Services. How much of the tunnel should be filled - the entire length of tunnel, the portions under Beatty Street and Lot D, or just the portion under Lot D -- has not yet been determined. If the entire length is not filled in, an access to the tunnel portion under the City-owned Block 48 may need to be provided, satisfactory to the General Manager of Engineering Services, to allow for tunnel maintenance.

UTILITIES

(xxii) Arrange for the undergrounding of all new services (Hydro, Tel, Cable and Gas) to the site, including a review of the impact on the adjacent neighbourhood of any additional cabling that may be necessary to facilitate the underground of services.

Note: The site appears to have the ability to be serviced by Hydro and Tel, but applicant will need to provide written confirmation from these utilities. BC Gas is available off Beatty Street, but service availability to this site is not known. Any proposed changes to the underground/ overhead utility network to accommodate service to this site must be reviewed by Utilities Management.

AMEND COVENANTS

(xxiii) Re-evaluate, amend and/or release all existing covenants and rights-of-way to address the proposed development to the satisfaction of the Director of Legal Services.

LOT D

(5) Arrangements for the sale of the City-owned Lot D at 696 Beatty Street to Pacific Place Developments Corp. to the satisfaction of the Director of Real Estate Services and General Manager of Engineering Services, on terms and conditions acceptable to the Director of Legal Services, and subject to the prior approval of City Council."

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.

The facilities to be provided including the Services, and site remediation, may, in the discretion of the General Manager of Engineering Services and Director of Legal Services, be constructed in phases, in accordance with phasing plans satisfactory to the aforesaid officials, and the respective Agreements will provide for security and occupancy restrictions appropriate to such phasing.

The preceding 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 includingindemnities, 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 application by Pacific Place Developments Corp. to amend the False Creek North Official Development Plan, By-law No. 6650 be approved generally as contained in Appendix A of the Policy Rport dated June 13, 2002, entitled "Comprehensive Development (CD) Rezoning and False Creek North Official Development Plan Amendments: 651 Expo Boulevard and 690-696 Beatty Street".

C. THAT the application by the Director of Current Planning to rezone the site at 696 Beatty Street (Lot D, Block 49, DL 541, Plan LMP42064) from BCPED to CD, to allow a residential floor area of 6747 m², and to amend the False Creek North Official Development Plan, By-law No. 6650 to include this site and floor area within Sub-Area 7B of False Creek North, be approved.

D. THAT the application to amend the Sign By-law to establish regulations for this CD District in accordance with Schedule "B" (DD) be approved.

E. THAT prior to enactment of the CD-1 By-law, staff report back to City Council on the interpretation of Section 3.3 of the False Creek North Official Development Plan as it applies to rezoning approval condition (c) (4) (ix) (4) requiring the applicant to provide a pedestrian connection from the south side of the Georgia Viaduct to the Stadium Plaza Concourse.

F. THAT staff facilitate discussion between employment and job-training advocate organizations and the applicant, including Costco Wholesale Store, regarding a voluntary job creation and training program for low-income residents in surrounding neighbourhoods.

CARRIED
(Councillors Bass and Louis opposed)
(Mayor Owen not present for the vote)

RISE FROM COMMITTEE OF THE WHOLE

MOVED by Councillor Price

THAT the Committee of the Whole rise and report.

CARRIED UNANIMOUSLY

ADOPT REPORT OF COMMITTEE OF THE WHOLE

MOVED by Councillor Price
SECONDED by Councillor McCormick

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 amend By-law No. 8547 which amended Zoning and Development By-law No. 3575 by rezoning an area to CD-1 (7250 Oak Street) (By-law No. 8522)

MOVED by Councillor Sullivan
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 Sullivan
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
(Mayor Owen not present for the vote)

2. A By-law to authorize Council entering into a Heritage Revitalization Agreement with the Owner of Heritage Property (600 Granville Street and 648 Granville Street) (By-law No. 8523)

MOVED by Councillor Sullivan
SECONDED by Councillor McCormick

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 Sullivan
SECONDED by Councillor McCormick

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
(Mayor Owen not present for the vote)

3. A By-law to authorize Council entering into a Heritage Revitalization Agreement with the Owner of Heritage Property (600 Granville Street and 648 Granville Street) (By-law No. 8524)

MOVED by Councillor Sullivan
SECONDED by Councillor McCormick

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 Sullivan
SECONDED by Councillor McCormick

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
(Mayor Owen not present for the vote)

4. A By-law to authorize Council entering into a Heritage Revitalization Agreement with the Owner of Heritage Property (602 Dunsmuir Street & 615 Seymour Street Street) (By-law No. 8525)

MOVED by Councillor Sullivan
SECONDED by Councillor McCormick

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 Sullivan
SECONDED by Councillor McCormick

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
(Mayor Owen not present for the vote)

5. A By-law to authorize Council entering into a Heritage Revitalization Agreement with the Owner of Heritage Property (600 Granville Street and 648 Granville Street) (By-law No. 8526)

MOVED by Councillor Sullivan
SECONDED by Councillor McCormick

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 Sullivan
SECONDED by Councillor McCormick

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
(Mayor Owen not present for the vote)

The Special Council adjourned at 10:05 p.m

* * * * *

(c) 1998 City of Vancouver