SPECIAL COUNCIL MEETING
(PUBLIC HEARING)

DECISIONS

DATE: Tuesday, October 22, 2002

TIME: 7:30 p.m.

PLACE: Council Chamber

Third Floor, City Hall

FOR INFORMATION, PLEASE CONTACT DENISE SALMON 873-7269
or denise_salmon@city.vancouver.bc.ca

1. HERITAGE DESIGNATION: True Colours Program

(a) 5629 Angus Drive

A. THAT Council approve the designation of 5629 Angus Drive, listed on the Vancouver Heritage Register in the "A" category, as a protected heritage property.

B. THAT Council commend the building owners for designating their property on a voluntary basis and for participating in the Vancouver Heritage Foundation's True Colours program.

(b) 1932 Ferndale Street

A. THAT Council approve the designation of 1932 Ferndale Street, listed on the Vancouver Heritage Register in the "C" category, as a protected heritage property.

B. THAT Council commend the building owner for designating their property on a voluntary basis and for participating in the Vancouver Heritage Foundation's True Colours program.

(c) 1145 Union

A. THAT Council approve the designation of 1145 Union Street, listed on the Vancouver Heritage Register in the "B" category, as a protected heritage property.

B. THAT Council commend the building owners for designating their property on a voluntary basis and for participating in the Vancouver Heritage Foundation's True Colours program.

2. HERITAGE DESIGNATION: 640 West Pender Street

Item Withdrawn. Rescheduled to the November 5, 2002, Public Hearing.

3. HERITAGE DESIGNATION: 570 West 7^th Avenue

A. THAT the James Shaw House, at 570 West 7th Avenue, listed on the Vancouver Heritage Register in the "B" evaluation category, be designated as a Protected Heritage Property.

B. THAT the Director of Legal Services bring forward for enactment an amendment to the Heritage By-law.

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

THAT the application by the Director of Current Planning to amend the CD-1 By-laws in False Creek North, City Gate, Coal Harbour and BayshoreGardens, with respect to parking and loading exclusion clauses generally in accordance with Appendix A of the Policy Report dated August 22, 2002, entitled "Text Amendments to CD-1 By-law in False Creek North, City Gate, Coal Harbour Complex and Bayshore Gardens" be approved.

5. TEXT AMENDMENT: Miscellaneous Text Amendments

THAT the application by the Director of Current Planning to amend the Zoning and Development By-law, CD-1 By-law No. 7654, and the Sign By-law for miscellaneous amendments generally in accordance with Appendix A of the Policy Report dated August 26, 2002, entitled "Miscellaneous Text Amendments: Zoning and Development By-law, CD-1 By-law, Sign By-law, Parking By-law and Heritage Policies and Guidelines", be approved.

6. TEXT AMENDMENT: Industrial Districts - Text Amendments

THAT the application by the Director of Current Planning to amend the IC-1, IC-2, IC-3, I-2 and I-3 District Schedules regarding storage and accessory buildings, generally in accordance with Appendix A of the Policy Report dated August 26, 2002, entitled "Text Amendments: Various Industrial Zoning District Schedules", be approved.

7. TEXT AMENDMENT: Wedding Chapels

THAT the application by the Director of Current Planning to amend the RM-6 District Schedule to include "Wedding Chapel" as a conditional approval use also include this use to the C-2, C-2B, C-2C, C-2C1, C-3A, C-7, C-8, HA-1, HA-1A, HA-2, HA-3, and FC-1 District Schedules, generally in accordance with Appendix A of the Policy Report dated September 3, 2002, entitled "Wedding Chapels" be approved;

FURTHER THAT at the time of enactment of the zoning amendments, the Parking By-law be amended to establish parking and loading standards for Wedding Chapel, and the License By-law be amended to define and establish a fee for Wedding Chapel, all generally in accordance with Appendix B of the Policy Report dated September 3, 2002, entitled "Wedding Chapels".

8. TEXT AMENDMENT: Gasoline Station - Service Bays

THAT the application by the Director of Current Planning to amend relevant sections of the Zoning & Development By-law to delete the requirement that a change of use from a full service gasoline station to a split-island gasoline station shall include provision of services bays if service bays exist in the current full service station, be approved.

9. TEXT AMENDMENT: 655 Great Northern Way

THAT the application by the Director of Current Planning to amend CD-1 By-lawNo. 8131 for 655 Great Northern Way (Lots 1, 2 and 3, DL 200A, 264A, 2037 LMP 50588) to create sub-areas consistent with the current land ownership and to apportion the approved floor areas in those sub-areas generally in accordance with Appendix A of the Policy Report dated August 28, 2002, entitled "CD-1 Text Amendment - 655 Great Northern Way" be approved.

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

A. THAT the application by Pacific Place Developments Corp. to amend CD-1 By-law No. 7675 (#366) for Beach Neighbourhood (Area 1B) at 500 Pacific Street to add a marina sub-area, generally as presented in Appendix A of the Policy Report entitled "CD-1 Text Amendment: Beach Neighbourhood (Area 1B) - 500 Pacific Street Marina" dated September 17, 2002, be approved subject to the following conditions,

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", further amended as of September 05, 2002, and further amended at the Public Hearing of October 22, 2002, as illustrated in the October 22, 2002, schematic prepared by Busby & Associates Architects, and titled "Concord Area 1 Rezoning Granville Marina" 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 the marina moorage area (or footprint) must be reduced from 5 022 m² to approximately 4 410 m², the maximum size of the ancillary floating marina building must be reduced from 150 m² to 75 m² and allow for an additional five berths located adjacent to the False Creek Yacht Club marina near the harbour headline and on the eastern edge of the marina.

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:

- maintaining the east-west orientation of the float spines,
- locating the larger moorage berths at the eastern end of the spine which is adjacent to the shore,
- limiting the berths for the spine adjacent to the Harbour Headline to smaller berths,
- 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 ApprovingOfficer 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 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 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 thesubject 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 any re-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 EngineeringServices 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.

B. THAT the application by the Director of Current Planning to amend the False Creek North Official Development Plan, By-law No. 6650, to add a marina sub-area in Area 1B Beach Neighbourhood, be approved.

C. THAT the General Manager of Engineering Services and Director of Legal Services be authorized to enter into an agreement with Pacific Place Developments Corp. permitting usage of the water area over a portion of City Road for marina use at a nominal fee.

D. THAT amendments to the Beach Neighbourhood Design Guidelines, as set out in Appendix D of the Policy Report entitled "CD-1 Text Amendment: Beach Neighbourhood (Area 1B) - 500 Pacific Street Marina" dated September 17, 2002, be approved at the time of enactment, including a reduction in the permitted expansion zone in Beach Neighbourhood (Area 1A).

11. TEXT AMENDMENT: Southeast Granville Slopes ODP

THAT the application by the Director of Current Planning to amend the Southeast Granville Slopes Official Development Plan to permit permanent marina use on Water Lot 143, generally as contained in Appendix A of the Policy Report entitled "Text Amendment: Southeast Granville Slopes Official Development Plan - Permanent Marine Use on Water Lot 143", dated September 17,2002, be approved.

BY-LAWS

MOVED by Councillor Clarke
SECONDED by Councillor Sullivan

THAT Council vote to enact the by-laws before Council this evening numbered 1 to 15 inclusive, and authorize the Mayor and City Clerk to sign and seal the enacted by-laws.

CARRIED UNANIMOUSLY

1. A By-law to designate heritage property, and to amend Heritage By-law No. 4837) (5629 Angus Drive) (By-law No. 8560)

2. A By-law to designate heritage property, and to amend Heritage By-law No. 4837) (1932 Ferndate Street) (By-law No. 8561)

3. A By-law to designate heritage property, and to amend Heritage By-law No. 4837) (1145 Union Street) (By-law No. 8562)

4. A By-law to designate heritage property, and to amend Heritage By-law No. 4837) (570 West 7^th Avenue) (By-law No. 8563)

5. A By-law to amend By-law No. 7654 which amended Zoning and Development By-law No. 3575 by rezoning a certain area to CD-1 (By-law No. 8564)

6. A By-law to amend Zoning and Development By-law No. 3575 (Miscellaneous text amendments) (By-law No. 8565)

7. A By-law to amend By-law No's. 6744, 6747, 6757, 7156, 7200, 7232, 7677, 7681, and 8109 which amended Zoning and Debelopment By-law No. 3575 be rezoning certain areas to CD-1 (Miscellaneous text amendments) (By-law No. 8566)

8. A By-law to amend Sign By-law No. 6510 (Miscellaneous text amendments) (By-law No. 8567)

9. A By-law to amend Zoning and Development By-law No. 3575 (Miscellaneous text amendments to IC-1, ICI-2, IC-3, I-1, and I-3 District Schedules)) (By-law No. 8568)

10. A By-law to amend Zoning and Development By-law No. 3575 (Miscellaneous text amendments to I-2 District Schedule) (By-law No. 8569)

11. A By-law to amend Zoning and Development By-law No. 3575 (Wedding chapel) (By-law No. 8570)

12. A By-law to amend Parking By-law No. 6059 (Wedding chapel) (By-law No. 8571)

13. A B-law to amend License By-law No. 4450 (Wedding chapel) (By-law No. 8572)

14. A By-law to amend Zoning and Development By-law No. 3575 (District Schedules - Gasoline Stations) (By-law No. 8573)

15. A By-law to amend By-law No. 8131 which amended Zoning and Development By-law No. 3575 by rezoning a certain area to CD-1 (655 Great Northern Way) (By-law No. 8574)

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(c) 1998 City of Vancouver