Public Hearing Agenda - July 25, 2002

NOTICE OF MEETING

PUBLIC HEARING AGENDA

DATE: Thursday, July 25, 2002

TIME: 7:30 p.m.

PLACE: COUNCIL CHAMBER

THIRD FLOOR, CITY HALL
453 WEST 12TH AVENUE

Minutes of this meeting.

ROLL CALL

COMMITTEE OF THE WHOLE

1. TEXT AMENDMENT: 7250 Oak Street

Policy Report dated June 7, 2002, refers.

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

Applicant: Director of Current Planning

Recommended Approval: By the Director of Current Planning

2. REZONING: 600 Granville Street

Policy Report dated May 28, 2002, refers.

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 Agreements would protect buildings at 600 and 648 Granville Street and 602 and 615 Seymour Streets. (For consideration after Public Hearing.)

Applicant: Malcolm Elliot, Architectura

Recommended Approval: By the Director of Current Planning, subject to the following conditions as proposed for adoption by resolution of Council:

(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; and material 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 the rehabilitationwork 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.

3. TEXT AMENDMENT: I-3 District Schedule

Policy Report dated May 28, 2002, refers.

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.

Applicant: Director of Current Planning

Recommended Approval: By the Director of Current Planning

4. REZONING: 651 Expo Boulevard

Policy Report dated June 13, 2002, refers.

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

Applicant: Pacific Place Developments Corporation

Recommended Approval: By the Director of Current Planning, subject to the following conditions as proposed for adoption by resolution of Council:

(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 defined in 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 Engineering Services 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 byCostco 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 of parking spaces for the Beatty Street Drill Hall (620 Beatty Street), including 23 normal-sized spaces and 7 spaces for over-sized vehicles, in area under the Dunsmuir Viaduct, such spaces to be as accessible to Drill Hall as is feasible to achieve.

Or

Alternative arrangements on site for parking spaces for the Beatty Street Drill Hall (620 Beatty Street), to the satisfaction of the General Manager of Engineering Services and the Director of Current Planning.

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.

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 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 Cityofficial having responsibility for each particular agreement, who may consult other City officials and City Council.

RISE FROM COMMITTEE OF THE WHOLE

ADOPT REPORT OF COMMITTEE OF THE WHOLE

BY-LAWS

1. A By-law to amend By-law No. 8457 which amended Zoning and Development By-law No. 3575 by rezoning an area to CD-1 (7250 Oak Street)
MOVER:
SECONDER:
(Subject to Approval of Item 1)

2. A By-law to authorize Council entering into a Heritage Revitalization Agreement with the Owner of Heritage Property (600 Granville Street & 648 Granville Street)
MOVER:
SECONDER:
(Subject to Approval of Item 2)

3. A By-law to designate heritage property and to amend By-law No. 4837, being the Heritage By-law (600 Granville Street & 648 Granville Street)
MOVER:
SECONDER:
(Subject to Approval of Item 2)

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)
MOVER:
SECONDER:
(Subject to approval of Item 2)

5. A By-law to designate heritage property and to amend By-law No. 4837, being the Heritage By-law (602 Dunsmuir Street & 614 Seymour Street)
MOVER:
SECONDER:
(Subject to approval of Item 2)

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