Vancouver City Council

SPECIAL COUNCIL MEETING
(PUBLIC HEARING)

DECISIONS

DATE: Thursday, July 24, 2003

TIME: 7:30 p.m.

PLACE: Council Chamber
Third Floor, City Hall

For information, please contact Lori Isfeld at 604.871.6399
or e-mail lori_isfeld@city.vancouver.bc.ca

1. Text Amendment - 1601 West Georgia Street

THAT the application by the Director of Current Planning to amend the CD-1 By-law No. 7232 for 1601 west Georgia Street/1601-1650 Bayshore Drive to permit Child Day Care Facility and above-grade bicycle parking generally in accordance with Appendix A of the Policy Report dated June 9, 2003, entitled "Minor CD-1 Text Amendments - 1601 West Georgia Street/1601-1650 Bayshore Drive" be approved.

2. Rezoning: 1402-1436 Kingsway & 4050 Knight Street

A. THAT the application by Keith Hemphill, Rositch Hemphill and Associates Architects, to rezone 1402-1436 Kingsway and 4050 Knight Street (Lots 1-4, Blk 1 & 3, DL 352, Plan LMP45824 and Lot B, Blk 1 & 3, DL 352, Plan LMP45560) from C-2 (Commercial District) to CD-1 (Comprehensive Development), to permit a mixed use development, be approved subject to the follow conditions:

(a) That the proposed form of development be approved by Council in principle, generally as prepared by Rositch Hemphill and Associates Architects, and stamped "Received City Planning Department", December 20, 2002, provided that the Director of Planning may allow alterations to this form of development when approving the detailed scheme of development as outlined in (b) below.

(b) That, prior to approval by Council of the form of development, the applicant shall obtain approval of a development application by the Director of Planning, who shall have particular regard to the following:

(i) Design development to improve the visual scale of the overall development by:

(1) reducing the typical floorplate sizes, while internalising balconies, for the North Block West residential tower to approximately 560 m5 (6,000 sq. ft.);

(2) expressing the North Block West residential tower down to grade at the corner;

(3) re-distributing massing, and refining related articulation, associated with distinct lower street fronting forms to achieve a pre-dominant 4-6 storey plus penthouse streetwall expression fronting Kingsway and Knight Street, and a 3-5 storey plus penthouse streetwall expression fronting King Edward Avenue, recognizing higher floor to floor heights for all commercial tenancies;

(4) reducing the typical floorplate size for the South Block East residential tower to approximately 465 m5 (5,000 sq. ft.);

(5) relocating South Block East tower to east of the King Edward access and expressing the tower down to grade at the King Edward Avenue and lane corner;

(6) reducing the width and height of bridged openings into the centralised "Mews";

(7) clarifying phasing/ownership strategy and related opportunities for varying architectural expression to distinguish phases.

(ii) Design development to improve the usability, and utility, of the centralised "Mews", and related lane environment, by:

(1) utilising the current lane alignment and the Knight Street and King Edward Avenue crossing locations;

(2) relocating of the Kingsway crossing to underground parking at the easterly edge of the site for future shared access with the adjacent property;

(3) providing public open space north of the lane and adjacent to the North Block West residential tower;

(4) introducing pedestrian only access from the Kingsway frontage to the "Mews";

(5) relocating the new King Edward Avenue crossing further west (to allow (i) (5) above);

(6) creating a clearly distinguished zone for parking access, loading requirements and utilities that maximises manoeuvring requirements (including opportunities to overlap turning), screens this activity from the "Mews" to the west, and is safer for vehicles and pedestrians;

(7) creating opportunities for ground-oriented housing, and improved public realm, for proposed and future lane-fronting development at the easterly end;

(8) including limited parking and passenger drop-off opportunities where possible along the lane;

(9) providing a landscape plan that confirms general design intent for ground surface treatment(s), landscaping, benches and lighting to achieve a high quality lane/"Mews" environment as well as for related street frontages.

(iii) Introduction of ground-oriented housing opportunities, and related landscape treatment, into the lane environment east of the central parking access, loading and utility area.

(iv) Design development to private and semi-private open space to:

- integrate open space into the development;
- meet recreational needs of the residents, including families; and
- improve the visual quality of rooftop areas.

(v) Provision of various wall sections that

- confirm design intent for the public realm, including design related landscape, setbacks, entries, weather protection, display, lighting and related signage systems; and
- ensure pedestrian comfort, interest and storefront quality while accommodating a variety of potential tenancies and users.

(vi) Design development to provide adequate sidewalk widths for these highly used pedestrian corridors and the increased pedestrian volumes that this development is expected to generate.

(vii) Design development to the library component to ensure visible entry location. A prominent lane oriented entry, and related drop-off zone, should be considered to contribute to pedestrian activity, visual interest and safety of the "Mews" environment.

(viii) Provision of a landscape amenity at the King Edward Avenue and lane corner in consultation with Planning, Landscape and Engineering staff.

(ix) Provision of a safety and security plan that addresses recommended design changes, with an emphasis on safety and security of underground parking areas and the "Mews" environment.

(x) Confirmation of elevator override requirements, and related enclosure design, to minimise height while attractively integrating into the related building form for both towers and streetwall oriented buildings.

(xi) Design development to take into consideration the principles of CPTED (Crime Prevention Through Environmental Design), having particular regard for:

- providing secure separation between residential and commercial uses,
- separating the residential parking for north and south blocks,
- reducing opportunities for graffiti and skateboarding, and
- reducing opportunities for mischief in alcoves.

(xii) Design development to provide the fire department access to all above and below grade levels from within the lobby area of the principal entrance;

(xiii) Provision of details of all proposed roof garden planting and of landscaping, paving, urban furniture and light fixtures as per notation on architectural drawing A3.0.1;

(xiv) Illustration of all existing trees 20 cm caliper or greater located on the development site, all existing neighbouring trees 20 cm caliper or greater located within 2.0 m of the property line and all existing street trees located adjacent to the development site;

(xvi) Design development to provide interesting and detailed plaza designs for the entry plazas located at the corners of Knight Street and King Edward and the corner of Kingsway and Knight Street;

(xvii) Continuation of special lane paving behind the "three storey townhouses" in order to connect up with the special paving at the "Corner Park";

(xviii) Provision of street trees adjacent the site where space permits; and

(xix) Provision of loading facilities, access and manoeuvring sufficient to service oversized delivery vehicles i.e., for which a Class B loading space is inadequate, to the satisfaction of the General Manager of Engineering Services.

(c) That, prior to enactment of the CD-1 By-law, the registered owner shall at no cost to the City:

(i) Make arrangements to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services for subdivision of the development site in accordance with the proposed development plans, and including:

(1) consolidation of Lots 1-4, Blocks 1 & 3, D.L. 352, Plan LMP 45824;

(2) dedication of a portion of Lot B, Block 1 & 3, D.L. 352, Plan LMP 45560 shown on statutory right of way Plan LMP 38953 for road (2 parts);
[Note to applicant: Correct the plans to reflect the existing corner cut at the northwest corner of Lot 1.]

(3) dedication of a portion of Lot B for lane purposes. A minimum of 2.0 m on Knight Street by 6.0 m along the south side of the lane and a further dedication at the easterly "point" of the site (where the lane meets King Edward).
[Note to applicant: Deletion of portions of the underground parking structure located within the west part of the statutory right of way Plan 38953 on Lot B and all of the proposed dedication areas. The dedication requirement at the easterly point of the site can only be determined when the King Edward Avenue street design is finalized and the lane configuration is fully developed (lengths of 6.5 m to 7.5 m are estimated for the dedication).]

(ii) Enter into an agreement to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services, to provide for on-site and off-site services, including, but not limited to the following off-site services:

(1) street and traffic signal improvements to existing infrastructure within 150 m approaching the intersections of Knight and Kingsway, Knight and King Edward, and Kingsway and King Edward, and any other street or lane lying within the area bounded by Kingsway, Knight Street and King Edward Avenue, within five years of occupancy of the final phase of the development, subject to Council approval.
[Note to applicant: Where works attendant to a future and separate development within the above described area are required, these shall not be the obligation of this applicant.]

(iii) 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 agreements satisfactory to the Director of Legal Services, providing for the remediation of any contaminated soils on the site 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;

(iv) 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;

(v) 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;

(vi) Make suitable arrangements, to the satisfaction of the General Manager of Engineering Services, for all new BC Hydro and Telus services to be undergrounded from the closest existing suitable service point including a review of the impact of the new site servicing to determine its effect on the neighbourhood;

(vii) Make arrangements to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services for clarification of all charges registered in the Land Title Office against title to the lands (a charge summary, including copies of all charges, must be provided) and the modification, extension or release of any charges deemed necessary by the Director of Legal Services.

(viii) Execute an agreement, satisfactory to the Directors of Legal Services and the Office of Cultural Affairs for the provision of public art in accordance with the City's Public Art Policy, such agreement to provide for security in a form and amount satisfactory to the aforesaid officials; and provide a preliminary public art plan to the satisfaction of the Director of Cultural Affairs setting out the proposed public art program aims, artist terms of reference, site and artists selection methods, project budget, implementation plan and a schedule;

(ix) Execute legal agreements satisfactory to the Director of Legal Services, the Manager of Real Estate Services and the Vancouver Public Library Board for the provision of a Neighbourhood Branch Library to:

· provide a minimum floor area of 690 m5 (7,436 sq. ft.);
· provide the premises to the Vancouver Public Library on a "turn-key" basis in accordance with the Library's specifications for a Neighbourhood Branch Library to the satisfaction of City Manager, in consultation with the Vancouver Public Library Board and the Manager of Real Estate Services with improvement costs incurred by the developer to be repaid by Vancouver Public Library over the initial 10-year period following the opening of the Neighbourhood Branch Library for general use by the public; and
· lease the space to the City for a term of up to 10 years at no cost to the City, with four 5-year options to renew, with the rent during the option periods to reflect market rents.

Where the Director of Legal Services deems appropriate, the preceding agreements are to be drawn, not only as personal covenants of the property owner, but also as Covenants pursuant to Section 219 of the Land Title Act.

Such agreements are to be registered in the appropriate Land Title Office, with priority over such other liens, charges and encumbrances effecting the subject site, as is considered advisable by the Director of Legal Services, and otherwise to the satisfaction of the Director of Legal Services prior to enactment of the by-law; provided, however, the Director of Legal Services may, in her sole discretion and on terms she considers advisable, accept tendering of the preceding agreements for registration in the appropriate Land Title Office, to the satisfaction of the Director of Legal Services, prior to enactment of the by-law

The preceding agreements shall provide security to the City including indemnities, warranties, equitable charges, letters of credit and withholding of permits, as deemed necessary by and in a form satisfactory to the Director of Legal Services.

The timing of all required payments shall be determined by the appropriate City official having responsibility for each particular agreement, who may consult other City officials and City Council.

B. THAT the CD-1 By-law be amended to include "The Development Permit Board or the Director of Planning, as the case may be, may relax the Horizontal Angle of Daylight requirement of Section 6 having regard to live-ability of the resulting dwelling units".

C. THAT Council indicates its strong concern regarding a covenant on title forestalling a supermarket or drug store on the Kingsway and Knight site and request the City Manager and Director of Planning meet with the appropriate parties, including Safeway, to urge them to remove this prohibition.

3. Heritage Designation: 885 East Georgia Street

THAT Council approve the designation of 885 East Georgia Street, listed on the Vancouver Heritage Register in the "B" category, as a protected heritage property.

BY-LAWS

1. A By-law to amend CD-1 By-law No. 7232 re 1601 West Georgia Street (By-law No. 8708)

2. Heritage Designation By-law re 885 East Georgia Street (By-law No. 8709)

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© 2002 City of Vancouver