Vancouver City Council

SPECIAL COUNCIL MEETING
(PUBLIC HEARING)

DECISIONS

DATE: Thursday, October 23, 2003

TIME: 7:30 p.m.

PLACE: Council Chamber
Third Floor, City Hall

For information, please contact Tarja Tuominen at 604.873.7191
or e-mail tarja_tuominen@city.vancouver.bc.ca

1. Text Amendment - Zoning & Development By-law (Consequential to SRA By-law)

THAT the application by the Director of Current Planning to amend Sections 3 and 6 of the Zoning and Development By-law to provide that failure to obtain a permit required under the Single Room Accommodation By-law is a basis for refusing to issue a development permit in relation to the same property, generally as set out in Appendix B of the Policy Report "Regulation of Single Room Accommodation" dated September 9, 2003 be approved.

2. Text Amendment - C-2 District Schedule

A. THAT the application by the Director of City Plans to amend the C-2 District Schedule of the Zoning and Development generally as set out in Appendix A of the Policy Report "Amendments to the C-2 District Schedule and Guidelines" dated August 5, 2003, with the height on balance of the site not to exceed 13.8 m, be approved.
(Version 1 Section 4.3.1 maximum height is 13.8 m (45 ft.))

B. THAT at the time of enactment of the revised C-2 District Schedule, the amended C-2 Guidelines, with the height on balance of the site not to exceed 13.8 m, be adopted generally as outlined in Appendix B of the above noted report.

3. Rezoning: 488 Robson Street

A. 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) generally as set out in Appendix A to the Policy Report "Cultural Amenity Bonus, Heritage Density Transfer and CD-1 Rezoning: 488 Robson Street" dated September 4, 2003, be approved, including consequential amendment to Downtown District Official Development Plan to remove the site from all map figures, subject to the following conditions:

(a) That the proposed form of development be approved by Council in principle, generally as prepared by Hancock Brückner Eng + Wright Architects, and stamped "Received Planning Department, August 7, 2003", 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 (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, or Development Permit Board.

(c) That, prior to enactment of the CD-1 By-law, the registered owner shall, at no cost to the City make arrangements for the contribution of $559,060 to the Affordable Housing Fund for use in replacing or securing SROs in Downtown South, to the satisfaction of the Director of the Housing Centre, on terms and conditions satisfactory to the Director of Legal Services.

B. THAT the application by Hancock Brückner Eng + Wright Architects to amend the Sign By-law (By-Law No. 6510) to establish regulations for the CD-1 in accordance with Schedule B (DD) be approved.

C. THAT the Director of Legal Services be instructed to bring forward the following amendments to the Noise Control By-law at time of enactment of the Zoning By-law:

Amend Schedule A (Activity Zone) by adding the following:

"[CD-1 #] [By-law #] 488 Robson Street".

4. Rezoning: 1201 West Hastings Street

A. THAT the application by Downs Archambault and Partners Architects, to rezone 1201 West Hastings Street (Lot k, Block 29, DL 185 of the Public Harbour of Burrard Inlet Plan LMP29893 from DD and CWD to CD-1, to permit a mixed use development at a density of 6.8 FSR, generally as set out in Appendix A to the Policy Report ACD-1 Rezoning - 1201 West Hastings Street@ dated August 25, 2003 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 Downs Archambault and Partners Architects and stamped AReceived City Planning Department February 14, 2003@, provided that the Director of Planning may allow minor 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, or the Development Permit Board, who shall have particular regard to the following:

Design Development:

(1) Design development to improve pedestrian animation along the Bute Street by providing more continuous storefront presence and weather protection and by increasing the setback as needed to accommodate the Triangle West Public Realm Treatment, modified as appropriate for proper grade and commercial interface.

(2) Design development to minimize the impacts of the parking/loading entrance on the existing townhouses across Cordova Street.

(3) Design development to improve the interface with the four existing neighbouring townhouses to the west by providing as much setback as feasible, minimizing the height of any blank walls and through extensive landscape treatment and high quality materials.

Note to Applicant: CPTED concerns should be considered along the west side of the site. Also, an access agreement may be required between the neighbouring properties to allow for maintenance of any landscaping or other features ultimately located between the neighbouring walkway, along the east side of the property line, and the retaining wall(s) on the development site.

Landscape:

(4) Design development to provide landscape treatment with stepped planters and small trees along the West Hastings frontage of the townhouses and to ensure the interface with the neighbouring pathway at Hastings Street is given a sensitive landscape treatment;

(5) Design development to all open space lawn areas to finer grain with associated activity programs, specifically, Astepped view terrace and inclined lawn@, Aprivate podium level yards@ and the Alawn with stepped stone path@;

Note to Applicant: The following information will be required at the development permit submission:

(i) A detailed Landscape Plan clearly illustrating all proposed plant materials (both common and botanical name, size and quantity) and paving details;
(ii) A legal survey should include all existing trees 20 cm caliper or greater on the development site and the public realm (property line to curb), including existing street trees, street utilities such as lamp posts, fire hydrants, etc. adjacent to the development site;
(iii) Finishing details for the ground oriented patio walls facing the street should be provided; and
(iv) An irrigation system shall be specified in all common areas, including the entry and upper terrace areas (irrigation system design and installation shall be in accordance with the irrigation industry of BC standards and guidelines) and hose bibs should be provided in private areas such as patios and courtyards. Notations to this effect should be on the plan.

CPTED:

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

(i) theft in the underground by providing separation between residential and commercial uses;
(ii) break and enter to ground level residential;

(iii) improved treatments relating to the adjacent mews;

(iv) mischief in alcoves; and

(v) vandalism such as graffiti and skateboarding.

(7) Design development to ensure that a minimum unobstructed overhead vertical clearance of 3.8 metres for all Class B loading spaces and associated manoeuvring areas is provided.

Engineering:

(8) provide written assurance to the satisfaction of the Director of Planning and the General Manager of Engineering Services prior to the issuance of any development permit for the site that all loading activities, regardless of supplier, can and will be conducted on-site.

Notes to Applicant: (to be addressed at the development and building permit stages):

(i) The sanitary sewer for this site must connect to the 675 mm sanitary sewer on Hastings Street. A Cordova Street connection is not possible. Storm water connection can be made to either the 600 mm storm on Cordova Street or the 675 mm storm on Hastings Street. (Mechanical consultants should be made aware of this important information.); and
(ii) Provision of distinct space(s) for the garbage and recycling functions separate from all required loading spaces and separation of commercial garbage from residential garbage areas will be required.

Acoustic:

(9) The Noise Control By-law requires amendment at the time of enactment of the By-law to include this CD-1.

Note to Applicant: An Acoustical Consultant=s report shall be required which assesses noise impacts on the site and recommends noise-mitigating measures.

AGREEMENTS:

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

Heritage Density Transfer:

(1) ensure arrangements are made to the satisfaction of the Director of Planning and the Director of Legal Services to purchase and transfer the density required in order to permit the proposed rezoning of the receiver site to a floor space ratio of 6.8. Further, the registered owner of the receiver site shall provide evidence satisfactory to the Director of Planning and the Director of Legal Services that the registered owner has entered into a binding agreement(s), on terms and conditions acceptable to the Director of Legal Services, with the registered owner(s) of a heritage density donor site(s) for the transfer of the density required in order to permit the proposed rezoning of the receiver site to a floor space ratio of 6.8. The evidence shall confirm or include, without limitation:

(i) the amount of density being purchased for transfer to the receiver site;
(ii) the address and legal description of the donor and receiver sites;
(iii) the amount of density remaining for sale on the donor site(s);
(iv) a representation by the registered owner of the donor site stating that the density is permitted to be released for sale and has not been sold or committed to any other person or corporation;
(v) that payment for the purchased density has been made in full; and
(vi) an indemnity and release from the registered owners of the donor site(s) and the receiver site in favour of the City acknowledging that notwithstanding that the density transfer agreement has been entered into, that the City will not be held liable for any costs resulting from the density transfer, the density transfer agreement or the failure for any reason of the rezoning to be enacted.

Public Art:

(2) 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.

Engineering Services:

(3) ensure the following are addressed to the satisfaction of the General Manager of Engineering Services:

(i) Clarification and, if necessary, modification of all charges shown on title; and

Note to Applicant: A charge summary is required, paying particular attention to any charge that may affect this proposal.

(ii) Undergrounding of all new electrical and Telus services from the closest existing suitable service point.

(4) ensure arrangements are to be made to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services for:

(i) Provision of sidewalk and street trees adjacent the site.

B. THAT the application by Downs Archambault and Partners Architects to amend the Sign By-law (By-law No. 6510) to establish regulations for the CD-1 in accordance with Schedule B (DD) generally as contained in Appendix C to the above noted Policy Report be approved.

C. THAT the Director of Legal Services be instructed to bring forward the following amendments to the Noise Control By-law at time of enactment of the Zoning By-law:

Amend Schedule A (Activity Zone) by adding the following:

A[CD-1 #] [By-law #] 1201 West Hastings Street@.

5. Text Amendment: 2001 Cassiar Street

A. THAT the application by LPA Development and Marketing Consultants Ltd., to amend CD-1 By-law No. 3893 for 2001 Cassiar Street (Block 92, Sec. 29 THSL Plan 3104), to permit redevelopment of the site to increase the number or residential units for seniors, including congregate housing, generally as set out in Appendix A to the Policy Report ACD-1 Text Amendment - 2001 Cassiar Street (Beulah Gardens@ dated August 29, 2003 be approved, subject to the following conditions:

(a) That the proposed form of development be approved by Council in principle, generally as prepared by LPA Development and Marketing Consultants Ltd., and stamped AReceived City Planning Department@, May 3, 2003, provided that the Director of Planning may allow minor 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 buildings in sub-areas A and B to

(1) ensure livability and access to daylight to the ground level units;

Note to applicant: No dwelling unit should be located more than 0.6 m (2 ft.) below grade.

(2) provide variation in the overall roof form to achieve a more residential building character, in scale and proportion, with further variation in the massing, materials, dormers, windows and colour;

Note to applicant: design development should utilize materials that will enhance and complement the natural environ on the site.

(3) ensure that the proposed bridge structure between building in sub-area A and building in sub-area B is articulated to be light and transparent;

(ii) design development to building in sub-area C to

(1) ensure that ground facing units are not oriented to the 5^th Avenue parkade driveway;

(2) ensure livability by maximizing the access to daylight for the lower level units oriented to Rupert Street;

(3) enhance its streetscape character by providing variation within the overall building form through transitional massing along the Rupert Street streetscape, with further variation is massing, materials, windows and colour;

Note to applicant: design development should utilize materials that will enhance and complement the natural environ of the site.

(4) alternate roof forms other than a sloped roof may be considered;

(5) ensure that the proposed covered walkway between building in sub-area B and building in sub-area C is articulated to be light and transparent;

(iii) design development to parking garage areas to ensure they are adequately screened, including garbage, with landscaping treatments;

(iv) design development to take into consideration the principles of CPTED (crime prevention through environmental design) having particular regard for:

- break and enter into ground level suites through reducing areas of concealment outside of windows and doors;
- theft in the underground parking through security gating, careful locations of exit stairs to be visible and watched by residents only;
- improved definition of public and private spaces to reduce opportunities for cutting through the property.

(v) written confirmation from a Certified Arborist, that they have been retained to supervise and undertake any work necessary to ensure the existing trees retained on site are not compromised during either excavation or construction. The Certified Arborist will undertake any necessary work to retained trees which have been negatively impacted by construction on site. (i.e., altering of grades, concrete waste dumped near trees, etc.). In addition, the Certified Arborist will submit (to the Development Services Department) a letter of undertaking to the satisfaction of the Director of Development Services.

(vi) design development to further enhance the public realm (between the property line and the sidewalk) along the 5th Avenue frontage of the site;

(vii) design development to the AForest Garden@ pedestrian pathway to provide a walking circuit which provides more than one terminus (than the mid block city sidewalk location proposed);

(viii) provision of street trees adjacent the site where space permits;

(ix) provision of satisfactory vertical clearance to the underside of the bridge between buildings in sub-area B and C;

Note to applicant: Engineering Services requires 4.3 m clearance for large trucks and Fire Department requires 5.0 m clearance for fire truck access.

(x) design development to ensure that Fire Department access to building entries and to below and above grade levels comply with the Vancouver Building By-law.

(c) That, prior to enactment of the CD-1 By-law, the registered owner shall:

(i) make arrangements to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services for the following:

(1) upgrading of the City sewer system to provide adequate sanitary and storm services for the proposed development;

(2) upgrading of the City water main system to meet the firefighting demands for the proposed development;

(3) provision of a 1.52 m (5-foot) wide concrete sidewalk on Cassiar Street adjacent to the site and on that portion of 4th Avenue where no sidewalk exists adjacent to the site;

(ii) 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 modification, extension or release of any charges deemed necessary by the Director of Legal Services;

(iii) make suitable arrangements to the satisfaction of the General Manager of Engineering Services, for all new BC Hydro and Telus services for this site to be undergrounded from the closest existing suitable service point including a review of any required overhead lines that may be needed, to determine its effect, if any, on the neighbourhood;

(iv) make arrangements to the satisfaction of the Director of the Housing Centre and the Director of Legal Services to enter into a Housing Agreement, to:

(1) secure the residential units as affordable (50% of the occupants will be income tested at their point of entry, and incomes are at or below the core need income threshold), for the life of the buildings; and

(2) further that the project be operated for low-to-moderate income seniors by a non-profit reporting society registered in the Province of British Columbia, and, if sold, only to another non-profit reporting society also registered in British Columbia, except that Phase 3 may be exempted from this provision if clause (1) is satisfied in Phases 1 and 2 ;

(v) make arrangements to the satisfaction of the Director of the Housing Centre for a tenant relocation plan, as outlined by the applicant, wherein residents are satisfactorily relocated to units on site, units owned and operated by the Society, or affiliated non-profit housing societies.

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.

B. THAT the draft CD-1 By-law No. 3893 for 2001 Cassiar Street be amended as follows:

Height

5.1 In sub areas A and B, the building height, measured above the base surface must not exceed four storeys having a maximum height of 10.7 m, except that the Director of Planning may relax that height to 13.7 m for a sloping roof.

5.2 In sub-area B, the building height, measured above the base surface, must not exceed four storeys having a maximum height of 12.2 m, except that the Director of Planning may relax that height to 15.5 m for a sloping roof.

5.3 In sub-area C, the building height, measured above:

a) the base surface, must not exceed eight storeys; and

b) the Rupert Street building grade elevation 51.98 m, must not exceed four storeys having a maximum height of 12.2 m, except that the Director of Planning may relax that height to 15.65 m for a sloping roof.(Italics and strikethrough denote amendment)

6. Text Amendment: Downtown District (Car Rental)

THAT the application by the Director of Current Planning to amend the Downtown District Official Development Plan to permit car rental operations in sub-areas K1, K2, and K3 (Granville Street - Downtown South) generally as set out in Appendix A to the Policy Report "Car Rental Operations on Granville Street in Downtown South" dated August 27, 2003 be approved.

BY-LAW

1. A By-law to amend the Zoning and Development By-law re conversion or demolition permits.(By-law No. 8734)

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