POLICY REPORT
DEVELOPMENT AND BUILDING
Date: October 3, 2003
Author/Local: D. Mikkelsen/6168
RTS No. 03478
CC File No.5304
Meeting Date: October 21, 2003
TO: |
Vancouver City Council |
FROM: |
Director of Current Planning |
SUBJECT: |
Text Amendment to CD-1 By-law - 555 Great Northern Way |
RECOMMENDATION
THAT the application by Moodie Consultants to amend CD-1 By-law No. 8131 for 555 Great Northern Way to add "School - University or College" as a permitted use, be referred to a public Hearing together with:
(i) draft CD-1 By-law amendments, generally as contained in Appendix A; and
(ii) the recommendation of the Director of Current Planning to approve the application, subject to satisfaction of the conditions contained in Appendix B;
FURTHER THAT the Director of Legal Services be instructed to prepare the necessary by-law for consideration at the Public Hearing.
GENERAL MANAGER'S COMMENTS
The General Manager of Community Services RECOMMENDS approval of the foregoing.
COUNCIL POLICY
There is no Council Policy directly applicable to the proposed amendment.
PURPOSE AND SUMMARY
This report recommends an amendment to CD-1 #402 (By-law No. 8131) to permit "School -University or College" to be added as a permitted use on this site applicable to the maximum buildable area currently identified under CD-1 #402. This use is seen as compatible with this site, as the existing structure, phasing, and form is similar to the campus environment originally considered for this area as a high-tech facility. Adjacent I-3 zoning also accepts this use as a conditional use at a lesser scale. This report also recommends as a prior to condition of approving the text amendment that a no development covenant be entered into by the owners with the City and registered against title to the site. This no development covenant will apply only to the new use, "School - University or College" and will not apply to the current use of existing buildings by the applicant as per existing use agreements. The no development covenant would ensure that any costs incurred by the City in processing, or arising from any development permit application that is not consistent with the existing approved uses shall be dealt with in a cost recovery manner. This cost recovery should include any costs related to any changes and/or revisions to legal agreements, infrastructure upgrades, and urban form and site structure/phasing amendments. A no development covenant on the terms generally as provided for in Appendix B will require that the applicant, or any future owner of the Site, perform the necessary infrastructure planning and due diligence prior to the City approving any new institutional development. A no development covenant is beneficial and necessary from the City's perspective in order to provide security to the City that the full impact of the change in use will be evaluated prior to any new institutional development and that any changes to the existing relations and legal agreements, as required by the City, based upon any proposed form of development of the Site, will be adopted.
BACKGROUND AND DISCUSSION
In 1999, this site was rezoned from I-3 (high technology industry) to CD-1 #402 (By-law No. 8131) to permit development of the Great Northern Technology Park. During this rezoning period, the site was placed under a no development covenant to ensure that all infrastructural needs, both on site and off, were met. When the rezoning and a subsequent subdivision were complete, and the infrastructure requirements were established, the no development covenant was removed from the site and replaced by a services agreement. The zoning permitted technology uses (high-tech, bio-tech, enviro-tech, and film/multi-media), light industrial uses, office, retail, hotel, service and residential live-work uses. Included in the companion concept plan were legal agreements to provide for servicing upgrades, soil remediation, provision of daycare, public art and other public benefits.
The property owner, Finning International, subsequently gifted much of the site to a consortium of local educational institutions (British Columbia Institute of Technology, Emily Car Institute of Art & Design, Simon Fraser University and University of British Columbia)who now wish to include "School - University or College" amongst the permitted uses, currently permitted under the provisions of the CD-1 zoning for interim uses at the discretion of the Development Permit Board.
"School - University or College" is defined as an Institutional use under the Zoning and Development By-law and is a conditional approval use under the former I-3 zoning of this site. This term was not included as a permitted use when the site was rezoned from I-3 to CD-1 in 1999, as it was not requested by Finning International (the applicant at the time), nor was an academic campus envisioned despite its compatibility with the new zoning. This use is considered compatible with the structure, phasing, and campus-type environment that had been associated with the proposed high-tech uses by Finning International. "School -University or College" is also seen as compatible with the new planning program that came before Council on October 9, 2003. This amendment supports the initiative to "better integrate I-3 into the urban fabric of the City and helps to articulate a future for long-range land use and transportation directions."
Approval of the proposed text amendment will permit the educational institutions to proceed with fund raising for future expansion plans for the site. Potential donors and supporters are more likely to support this expansion given the confidence provided by ensuring that the future use is allowable in this CD-1 zone. The applicant is aware that any future land use proposals which would require amendments to the False Creek Flats Structure Plan and/or other existing legal and engineering agreements may require further zoning amendments, however the current application is only to establish "School - University or College" as a permitted use. The applicant currently is proposing to use the site in a way that is consistent with the existing CD-1 zoning, urban design guidelines, public realm plan, and supporting legal agreements. This support for the existing structure is provided in a letter from the Applicant as found in Appendix C.
Notwithstanding this assurance, uncertainty remains with the potential for shortcomings to have considerable impact. This uncertainty strengthens the recommendation for a no development covenant. If there is to be substantial new development on this site, a full review of transportation, parking, infrastructure, servicing, and urban design impacts would need to be undertaken with new requirements negotiated as part of any development. This is possible given the conditional nature of a CD zoning area through the implementation of development permit conditions. Additionally, it has been recommended that a no development covenant be placed on the CD-1 zoning area that would be removed upon compliance and/or proof of no necessary modifications to the existing agreements. If there are additional site impacts as part of the new proposal, a full cost recovery process will be negotiated.
APPLICANT'S COMMENTS:
The Great Northern Way (GNW) Campus Trust, with considerable reservation, accepts the requirement for a no development covenant that would allow future "School - University or College" buildings to receive greater scrutiny during the development approvals process. The Trust recognizes that the unique nature of the GNW site - an academic consortium working with hi-tech, bio-tech, and enviro-tech industries to develop new ways of delivering education - involves some uncertainty. Indeed, the Trust is continuing to develop its strategy for the best use of the former Finning Lands. However, the requirement for the no development covenant is accepted on the very clear understanding that: (1) the covenant only applies to new "School - University or College" buildings and NOT to new buildings that are consistent with the existing zoning and related agreements; and (2) the City has decided not to pursue a floor area cap for "School - University or College" use as had been originally suggested by the Trust.
CONCLUSION
The proposed text amendment to CD-1 By-law No. 8131 will add "School - University or College" as a permitted use in this existing CD-1, as this use is seen as compatible with the proposed campus-type environment, phasing, and structure developed with Finning International for high-tech uses. It will also allow the institutions involved to proceed with their fund raising endeavours. All new proposals under the new use will be reviewed to assess changes to infrastructure/transportation requirements, parking, urban form, and legal agreements. If no changes are required, the no development covenant may be lifted and the application may proceed. Any work and/or fees necessary to complete this work would be collected through a full cost recovery process prior to the lifting of the no development covenant. With this condition, staff recommend that the application be referred to Public Hearing and be approved.
- - - - -
APPENDIX A
DRAFT AMENDMENT TO CD-1 BY-LAW No. 8131
Add to section 3 (Uses)
- Institutional Uses, limited to School - University or College
From section 5 (Floor Area and Density), delete Table 1, and substitute the following:
Table 1
Sub-areas |
Use |
1 |
2 |
3A + 3B combined |
3B only |
Maximum Total Floor Area |
· High-Tech and Light Industrial Uses;
|
48 158 m² |
27 999 m² |
245 125 m² |
- |
321 282 m² |
· Office Uses, but not including the offices of accountants, lawyers and notary publics, nor the offices of real estate, advertising and insurance, nor travel and ticket agencies |
- |
5 715 m² |
50 025 m² |
- |
55 740 m² |
· Office Uses, but limited to the offices of accountants, lawyers and notary publics, and the offices of real estate, advertising and insurance, and travel and ticket agencies |
- |
571 m² |
5 003 m² |
- |
5 574 m² |
· Retail;
|
- |
1 619 m² |
14 174 m² |
- |
15 793 m² |
· Live-Work Uses |
- |
- |
- |
16 722 m² |
16 722 m² |
· Hotel |
- |
- |
- |
9 290 m² |
9 290 m² |
APPENDIX B
Page 1 of 1
PROPOSED CONDITIONS OF APPROVAL
NO DEVELOPMENT COVENANT FOR CD-1 8131 ZONING AREA
· That, prior to the enactment of the CD-1 By-law Amendment, the registered owner shall, at no cost to the City:
Execute an agreement, drawn and registered in the New Westminster/Vancouver Land Title Office to the satisfaction of the City's Director of Legal Services, that prohibits development of "School - University or College" uses in the CD-1 8131 zoned area until such time as the registered owner has, at no cost to the City, modified any existing infrastructure or other contractual arrangements that are, in the opinion of the Director of Legal Services (in consultation with the General Manager of Engineering Services and the Managers of any other affected City Departments) necessitated by changes in the proposed development of the site as a result of the rezoning, it being understood that:
(a) such changes may include the modification of existing agreements (including security requirements of the City) or the need for further agreements (which may include the provision for new security) or both; and
(b) obligations of the registered owner contained in such modified or new agreements shall be carried out at no cost to the City.
Appendix C
Page 1 of 1
LETTER FROM THE APPLICANT; April 28, 2003
