NOTICE OF MEETING

PUBLIC HEARING AGENDA

DATE: Tuesday, October 22, 2002

TIME: 7:30 p.m.

PLACE: COUNCIL CHAMBER

MINUTES FROM THE MEETING

 

THIRD FLOOR, CITY HALL
453 WEST 12TH AVENUE

1. HERITAGE DESIGNATION: True Colours Program

(a) 5629 Angus Drive
Administrative Report dated September 27, 2002, refers.

(b) 1932 Ferndale Street
Administrative Report dated September 27, 2002, refers.

(c) 1145 Union Street
Administrative Report dated September 27, 2002, refers.

Summary: To designate houses which participated in the true colours heritage program.

Applicant: Director of Current Planning

Recommended Approval: By the Director of Current Planning

2. HERITAGE DESIGNATION: 640 West Pender Street

This item rescheduled to the November 5, 2002, Public Hearing.

3. HERITAGE DESIGNATION: 570 West 7^th Avenue

Administrative Report dated October 3, 2002, refers.

Summary: To designate the Shaw House as a protected heritage property in fulfilment of a condition of a Development Permit.

Applicant: Chernoff Thompson Architects

Recommended Approval: By the Director of Current Planning

4. TEXT AMENDMENT: CD-1 By-laws Text Amendments

Policy Report dated August 22, 2002, refers.

Summary: To amend several CD-1s with respect to floor area exclusion for passenger pick up and drop off.

Applicant: Director of Current Planning

Recommended Approval: By the Director of Current Planning

5. TEXT AMENDMENT: Miscellaneous Text Amendments

Policy Report dated August 26, 2002, refers.

Summary: Housekeeping amendments to the Zoning and Development By-law (including a CD-1) and the Sign By-law.

Applicant: Director of Current Planning

Recommended Approval: By the Director of Current Planning

6. TEXT AMENDMENT: Industrial Districts - Text Amendments

Policy Report dated August 26, 2002, refers.

Summary: Housekeeping amendments to several industrial districts with respect to storage of goods and accessory buildings.

Applicant: Director of Current Planning

Recommended Approval: By the Director of Current Planning

7. TEXT AMENDMENT: Wedding Chapels

Policy Report dated September 3, 2002, refers.

Summary: To define wedding chapel and permit them in several zoning districts.

Applicant: Director of Current Planning

Recommended Approval: By the Director of Current Planning

8. TEXT AMENDMENT: Gasoline Station - Service Bays

Motion on Notice October 1, 2002, refers.

Summary: To remove the requirement to retain service bays, if existing, when changing from full-serve to split-island gasoline station. (Council initiated)

Applicant: Director of Current Planning

9. TEXT AMENDMENT: 655 Great Northern Way

Policy Report dated August 28, 2002, refers.

Summary: To amend the CD-1 to establish new sub-areas and assign development rights to those areas.

Applicant: Director of Current Planning

Recommended Approval: By the Director of Current Planning

10. TEXT AMENDMENT: 500 Pacific Street & False Creek North ODP

Policy Report dated September 17, 2002, refers.

Summary: To amend the CD-1 by adding a marina sub-area and to make consequential amendments to the False Creek North Official Development Plan. (Also that amendments to the Beach Neighbourhood Design Guidelines be approved at time of enactment.)

Applicant: Pacific Place Developments for the CD-1

Director of Current Planning for the FCN ODP

Note: The staff recommendation referred to Public Hearing, as set out in the draft by-laws, reduces the marina moorage area, size of ancillary floating building, number of floats and number of moorage berths as requested in the initial application.

Recommended Approval:

A. For the CD-1, By the Director of Current Planning, subject to the following conditions as proposed for adoption by resolution of Council:

B. For the False Creek North Official Development Plan, By the Director of Current Planning;

FORM OF DEVELOPMENT

(a) THAT the proposed form of development be approved by Council in principle, generally as prepared by Peter Busby and Associates Architects Inc., and stamped "Received, City Planning Department, July 31, 2002" and further amended as of September 05, 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, except that themarina moorage area (or footprint) must be reduced from 5 022 m² to approximately 2 728 m², the maximum size of the ancillary floating marina building must be reduced from 150 m² to 75 m², and the number of floats reduced from two to one.

DEVELOPMENT APPROVAL CONDITIONS

(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 marina configuration and lay-out to maximize public views from the adjoining seawall public walkway and nearby George Wainborn Park aspects to review include, and are not limited to:

- limiting the number of float spines to one and maintaining its east-west orientation,
- locating the larger moorage berths at the eastern end of the spine,
- limiting the number of ancillary floating service buildings to one, limiting its width, length and height, and providing transparency where building function permits it, and
- not locating any berths or floating building in the Homer Street-end view corridor.

DESIGN GUIDELINES

(c) THAT proposed revisions to the Beach Neighbourhood (500 and 600 Pacific Street) CD-1 Guidelines be adopted by resolution of Council at time of enactment of the CD-1 and False Creek North Official Development Plan amending by-laws. (see Appendix D).

LEGAL AGREEMENTS

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

NO-DEVELOPMENT COVENANT

1) Execute a Section 219 Covenant, satisfactory to the Director of Legal Services, providing that there will be no development of Waterlot #249 and #267 nor will there be any Development Permit issued in respect of any building or improvements to be constructed on Waterlots #249 and #267 pursuant to this rezoning until all of the conditions and agreements required below are completed to the satisfaction of the General Manager of Engineering Services, and the Director of Legal Services.

SOILS - STUDIES AND REMEDIATION PLAN

2) Obtain and submit to the City copies of all soils studies and the consequential Remediation Plan, approved by (Pacific Place) the B.C. 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 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, the Approving Officer and the Park Board against any liability or costs which may be incurred as a result of the presence of contaminated soils on the site. Provided however, Concord Pacific Group Inc. or the Province shall not be responsible for soil remediation costs for lands owned by the City at the date of this report.

SOILS - REMEDIATION PLAN

3) Submit to the City a remediation plan for all newly dedicated streets and utility rights-of-way required to serve the subject site, including utility construction plans compatible with the accepted remediation plan, together with any agreements deemed necessary by the City Engineer providing for the construction and installation of remedial works, including monitoring systems for, among other things, water discharges and ground water flows; and any other remedial works or systems required by the City Engineer all to the satisfaction of the City Engineer and the Director of Legal Services.

SOILS - INDEMNITY

4) 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, the Approving Officer and the Park Board fromall 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 City Engineer, certifying that the subject site, including all roads, utility corridors, open spaces and parks contained therein, have been remediated to Provincial Standards as defined in such approval. Provided however, this indemnity agreement shall not apply to lands within Area 1A owned by the City at the date of this report.

SOILS - VANCOUVER CHARTER

5) Shall, as required by the City Engineer 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.

SOILS - OCCUPANCY

6) 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 City Engineer have been provided to the City by the Ministry of Environment.

MARINA

7) Execute an agreement with a term and cancellation provisions, satisfactory to the City Engineer and the Director of Legal Services, to allow for the occupation by the Marina of portions of City roads along the shoreline protection works, at a nominal fee for such use, over a term of 40 years with an option to renew for an additional 40 years. This agreement is to allow for:

i) access for inspection, maintenance, and replacement of the City works, and may involve the relocation of the Marina at such time at the Owner's cost; and

ii) allow access ramps and servicing for the Marina to connect to the City's seawall.

BRIDGE PROXIMITY

8) Execute a Bridge Proximity Agreement for land Lot #266 and Waterlot #267 to the satisfaction of the General Manager of Engineering Services.

SERVICES AGREEMENT

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

i) 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 City Engineer;

ii) the design of all the Services will be completed to the satisfaction of the City Engineer prior to: (a) tendering for the construction of any of the Services; or (b) any construction of the services if the Property Owner decides not to tender the construction;

iii) no occupancy of any buildings or improvements constructed pursuant to the rezoning shall be permitted until all Services are completed to the satisfaction of the City Engineer;

iv) alteration to be provided to the proposed ferry dock facility at David Lam Park, to provide wheelchair accessibility, the satisfaction of the City Engineer;

v) provision of 5 permanent visitor berths, on terms satisfactory to the City Engineer (terms will included availability, duration, conditions of use, annual reporting and fees to be charged);

vi) provision of public amenities including a visiting boater information/referral centre, pump-out station, laundromat, and toilet facilities for visiting, transient boaters, all to the satisfaction of the City Engineer; and

vii) design and construction of a pedestrian walkway through Lots 161 and 167, in a location and of a width, as well as on terms and conditions to the satisfaction of the City Engineer and the Director of Current Planning.

SHORELINE WORKS

10) Execute agreements, satisfactory to the City Engineer and the Director of Legal Services, obligating the property owners, at no cost to the City to design and construct the shoreline works relevant to the subject site and which shall include a waterfront pedestrian/bicycle system (collectively called "Shoreline Works"), to the satisfaction of the City Engineer (and the General Manager of Parks and Recreation where such improvements encroach on park areas). This agreement will include provisions that:

i) 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 the Shoreline Works is completed to the satisfaction of the City Engineer;

ii) the design of the Shoreline Works will be completed to the satisfaction of the City Engineer prior to tendering for the construction of these works, or the commencement of construction of the Shoreline Works if the property owner decides not to tender the construction;

iii) the property owner shall grant all requisite ownership rights to the City, whether by dedication or perpetual right-of-way (as the City shall determine), over lands containing the Shoreline Works and shall grant access thereto, to the satisfaction of the City Engineer and the Director of Legal Services;

iv) the property owner shall assure access to, and support of, the Shoreline Works from both the uplands and the water lots, and shall grant rights-of-way therefore as required by the City Engineer, including a blanket right-of-way over the water lots for access to the Shoreline Works for maintenance and repair purposes;

v) the property owner shall amend the temporary walkway letter agreement dated October 16, 1987, to the satisfaction of the City Engineer and Director of Legal Services, to include provisions for improved maintenance of anyre-routings of the temporary walkway and for bypassing of construction areas;

vi) the water lots shall be maintained, to the satisfaction of the City Engineer, in such a manner as to preserve the amenity value inherent in the Shoreline Works;

vii) the property owner shall obtain all necessary approvals and permits under the Navigable Waters Protection Act (Canada) and any ocean dumping permits which may be required by Federal authorities; and

viii) the construction of the Shoreline Works shall be completed in accordance with the following: no occupancy of any buildings or improvements constructed pursuant to this rezoning shall be permitted until the Shoreline Works is completed to the satisfaction of the City Engineer (and the General Manager of Parks and Recreation where relevant).

FLOODPLAIN

11) If necessary execute a flood plain covenant, satisfactory to the Director of Legal Services and the B.C. Ministry of Environment.

AMEND COVENANTS

12) 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.

PARKING AND LOADING

13) Execute an offsite parking and loading covenant securing all required parking and 2 Class A loading spaces for Waterlot #249.

14) Obtain a right-of-way for a pedestrian walkway over Lots 161 and 167 at locations and on conditions satisfactory to the General Manager of Engineering Services and 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.

11. TEXT AMENDMENT:Southeast Granville Slopes ODP

Policy Report dated September 18, 2002, refers.

Summary: To amend the Southeast Granville Slopes ODP to permit a permanent marina on the waterlot (W.L. 143) at the foot of Howe Street.

Applicant: Director of Current Planning

Recommended Approval: By the Director of Current Planning, only if the application by Pacific Place Developments to amend CD-1 No. 7675 (#366) (previous item) is first approved

(c) 1998 City of Vancouver