Vancouver City Council

COUNCIL MEETING FOLLOWING
PLANNING AND ENVIRONMENT MEETING

SEPTEMBER 18, 2003

DECISIONS

For information, please contact Laura Kazakoff, Meeting Coordinator,
at 604.871.6353 (e-mail laura_kazakoff@city.vancouver.bc.ca)

At its meeting immediately following the Standing Committee on Planning and Environment meeting on September 18, 2003, Vancouver City Council approved the following.

1. 279 East 59^th Avenue - Warning to Prospective Purchasers

A. THAT the City Clerk be directed to file a 336D Notice against the title to the property at 279 East 59th Avenue (Lot 13, Block 10 S 1/2, District Lot 656, Plan 2200) in order to warn prospective purchasers that there are contraventions of the Zoning and Development and Vancouver Building By-laws related to this building.

B. THAT the Director of Legal Services is hereby authorized, in her discretion, to commence legal actions or proceedings in relation to the premises located at 279 East 59th Avenue and may, in her discretion, seek injunctive relief in those actions or proceedings, in order to bring this building into compliance with City By-laws.

2. Cultural Amenity Bonus, Heritage Density Transfer & CD-1 Rezoning:
488 Robson Street

A.1 THAT City Council approve in principle the request for a cultural amenity bonus at 488 Robson Street (DE 407615) as outlined in the Policy Report dated September 4, 2003, entitled "Cultural Amenity Bonus, Heritage Density Transfer and CD-1 Rezoning: 488 Robson Street", subject to the signing and registration in the Land Title Office, prior to issuance of the development permit, of an Option to Lease, as set out in Appendix E of the report, and a Section 219 Covenant providing for:

(i) the design and construction by the property owner of 561.1 m² (6,040 sq. ft.) of amenity space in the development to be constructed pursuant to DE407615, and

(ii) the registration of the lease of the amenity space to the City for nominal rent for the life of the development, on the terms contained in this report;

A.2 THAT, subject to approval of A.1, City Council approve a sublease of the amenity space to ArtStarts In Schools for nominal rent on the terms set out in Appendix F of the Policy Report dated September 4, 2003, entitled "Cultural Amenity Bonus, Heritage Density Transfer and CD-1 Rezoning: 488 Robson Street". The agreements herein approved shall be on the terms discussed in this report and such other terms as deemed advisable by the Director of Legal Services, in consultation with the Directors of the Office of Cultural Affairs, Real Estate Services and Facilities Design & Development, it being understood that no legal rights or obligations shall arise except upon the signing and registration of the Option to Lease and Section 219 Covenant and issuance of development permit DE407615;

A.3 THAT City Council approve in principle a contribution of $173,118 to the Affordable Housing Fund resulting from the transfer to 488 Robson Street (DE407615) of 487.4 m² (5,246 sq. ft.) of heritage floor area, from a suitable donor site according to the Transfer of Density Policy and Procedure.

B.1 THAT the application by Hancock Brückner Eng + Wright Architects on behalf of H. Tjoa to rezone 488 Robson Street (Lot J, Block 65, DL 541, Plan LMP 41829) from DD (Downtown District) to CD-1 (Comprehensive Development District) be referred to a Public Hearing, together with:

(i) draft CD-1 By-law parameters, as presented in Appendix A of the Policy Report dated September 4, 2003, entitled "Cultural Amenity Bonus, Heritage Density Transfer and CD-1 Rezoning: 488 Robson Street", allowing a maximum floor space ratio (FSR) of 9.14 which is an increase of 974.7 m² (10,492 sq. ft.) in residential floor area to over that sought under DE407615, and

(ii) the recommendation of the Director of Current Planning to approve the application, subject to approval of conditions contained in Appendix B of the Policy Report, including arrangements by the property owner to contribute $559,060 to the Affordable Housing Fund for use in replacing SRO units in Downtown South; and

FURTHER THAT the Director of Legal Services be instructed to prepare the necessary by-laws for consideration at the Public Hearing, including a consequential amendment to the Downtown District Official Development Plan to remove the site from all map figures;

B.2 THAT the applicant be advised to make application to amend the Sign By-law, to establish regulations for this CD-1 in accordance with Schedule "B" (DD), and that the application be referred to the same Public Hearing; and

FURTHER THAT the Director of Legal Services be instructed to prepare the necessary by-law for consideration at the Public Hearing;

B.3 THAT, subject to approval of the rezoning at a Public Hearing, the Noise Control By-law be amended to include this CD-1 in Schedule A.

AND FURTHER THAT the Director of Legal Services be instructed to bring forward the enactment to the Noise Control By-law at the time of enactment of the CD-1 By-law.

3. Significant New Rezoning Applications

The Committee received for information verbal descriptions of the following two significant new rezoning applications which have been received by the Planning Department:

(a) 6450 Clarendon Street
(b) 3837 Point Grey Road (Jericho Tennis Club)

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