Vancouver City Council

SPECIAL COUNCIL MEETING

(PUBLIC HEARING)

DECISIONS

DATE: Tuesday, April 20, 2004

Reconvened Thursday, April 22, 2004

TIME: 7:30 p.m.

PLACE: COUNCIL CHAMBER

THIRD FLOOR, CITY HALL

For information, please call Denise Salmon at
604.871.6353 or email at denise_salmon@city.vancouver.bc.ca

1. Rezoning: 1475 Howe Street

A. THAT the application by Rafii Architects Inc., to rezone 1475 Howe Street (Lots 23 - 30, Block 121, DL 541, PL 210, Lot C, Block 121, DL 541, PL 17157, Group 1 NWD; PID: 007308621; 015505529; 015505634; 015505685; 015505707; 015505774; 015505472; 015505481; and 015505812) from FCCDD to CD-1, to permit a residential and live-work development in a 30-storey tower and townhouses at a floor space ratio of 4.95, generally as outlined in Appendix A of the Policy report dated March 9, 2004 entitled "CD-1 Rezoning - 1475 Howe Street" 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 Rafii Architects, Architect, and stamped "Received City Planning Department", October 10, 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, among other things, the following:

Design Development:

(1) Design development to the tower and Howe Street townhouses;

Note to Applicant: Aspects to review include, among other things, the principle pedestrian entrance to the tower on Howe Street should have more prominence and identity; the tower form/character should be refined overall and visually come to the ground; the sky gardens need to be detailed with respect to landscape and character treatment; and the townhouse character along Howe Street needs to have a stronger rhythm and individual unit identity.

(2) Design development to the Pacific Street live-work units that increases their height to three storeys and sets them back 3 m (10 ft.) from the property line;

Note to Applicant: Aspects to review include, among other things, the live-work units need to have a stronger scale and character compatible with the scale and character of Pacific Street.

(3) Design development to the south façade of the townhouses facing May and Lorne Brown Park to balance with the architectural massing and character of the park-facing façade of the existing adjacent building to the west;

(4) Design development to the streetscape details along Howe and Pacific Streets;

Note to Applicant: Aspects to review include, among other things, the three-storey development along Howe and Pacific Streets should reflect the Downtown South streetscape details that include among other things, a 3.7 m (12 ft.) setback (3 m/10 ft. along Pacific Street) and patios that are approximately 1 m (3 ft.) above grade. The proposed streetscape design needs to accommodate both a short-term resolution for the existing conditions and a long-term plan that accommodates the future beautification treatment. The proposed street furniture can be considered but should not be the Downtown South colour or design. All existing street trees, furnishings and utilities (e.g., hydrants, poles, etc.) should be shown on the site plan.

(5) Design development to the small plaza at the corner of Pacific and Howe Streets;

Note to Applicant: Aspects to review include, among other things, allowance for public seating and provision of windows in the adjacent townhouse and live-work units that overlook this area for safety and security purposes.

(6) Design development to delete portions of the building and parkade shown within dedicated areas;

Crime Prevention Through Environmental Design (CPTED):

(7) Design development to take into consideration the principles of CPTED having particular regard to reduce opportunities for:

- theft in the underground parking area including full separation of residential and live-work parking,

- break and enter to ground level and podium level residential units,

- mischief in alcoves on the lane and at the corner open space,

- graffiti on blank walls and skateboarding on low walls and landscape furnishings, and

- providing direct internal access to townhouse units where appropriate;

Note to Applicant: Theft in the underground parking has become a significant concern in new towers downtown, therefore, special attention should be paid to parking security.

Landscape:

(8) Design development to the central common open space to provide permanent seating and a stronger "centre" to the space and provision of secure and equipped outdoor play area suitable for children;

Note to Applicant: As part of development permit approval, a secure and equipped outdoor play area suitable for children (refer to section 3.3 of the City's High Density Housing for Families with Children Guidelines) must be provided to the satisfaction of the Director of Social Planning. Particular care should be given to provide adequate fencing and fall zones (contact Community Care Facilities Licensing staff if you may require more information), and to avoid toxic plants and landscaping materials in and around the play area (a list of toxic plants is available as an appendix to the City's Childcare Design Guidelines and is available on line or by calling the City's Early Childhood Co-ordinator at 604-871-6042).

(9) Design development to ensure adequate soil depth for proposed trees as part of the streetscape within the property line; and

Note to Applicant: At the development permit stage, sections should be provided to confirm adequate soil depth for tree growth.

Sustainability:

(10) Planning and Engineering staff to work with the applicant to pursue sustainability measures for the buildings and landscape, so as to design and construct a "green building", as part of the approval of a development permit.

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) submit typical Letters A and B, (available from the Project Co-ordinator) to be completed by both the owner of the "donor" site and the owner of the "receiver" site.

Note: Letter B should be modified to reflect rezoning enactment rather than development permit application. The owner of the donor site should also supplement Letter B with an accounting of the following: amount of density awarded by City Council, all transactions that have occurred to date (including any tentative agreements for purchasing density and the final balance anticipated).

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 and the Director of Legal Services:

(i) consolidate Lots 23 - 30, Block 121, DL 541, PL 210, Lot C, Block 121, DL 541, PL 17157, Group 1 NWD; PID: 007308621; 015505529; 015505634; 015505685; 015505707; 015505774; 015505472; 015505481; and 015505812;

(ii) dedication of a 3.05 m by 3.05 m (10 ft. by 10 ft.) corner cut off from the south-west corner of Lot 23;

(iii) dedication of a portion of Lot C for road purposes (approximately 7.6 m/24.8 ft. at the lane and 4.4 m/14.3 ft. at Howe Street);

(iv) undergrounding of new BC Hydro and Telus services from the closest existing suitable service point;

(v) connection of the site to BC Hydro's dual radial electrical servicing system; and

(vi) execute a legal agreement satisfactory to the Director of Legal Services.

Soils:

(4) ensure an approved remediation plan has been accepted or a Certificate of Compliance (COC) or Conditional Certificate of Compliance (CCOC) has been issued by the Provincial Ministry of Water Lands and Air Protection.

Note to Applicant: The City may also require a soil agreement (covenant) be registered on title which in part Holds issuance of an Occupancy permit pending receipt of a COC or CCOC.

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

C. THAT section 8 (c) of the draft rezoning by-law before Council this evening, be amended by replacing section 8 (c) with the following:

(c) the Director of Planning and General Manager of Engineering Services, on conditions that are satisfactory to them, may allow:

(i) the substitution of co-operative vehicles and associated parking spaces for required parking spaces at a 1:3 ratio, up to 1 co-operative vehicle for each 60 dwelling units, rounded to the nearest whole number, and

(ii) if the owner provides 4 co-operative vehicles and associated parking spaces, a reduction in the total number of parking spaces to 191.

2. Rezoning and HRA/Heritage Designation: 1380 Hornby Street

A. THAT the application by Christopher Bozyk Architects Ltd. to rezone 1380 Hornby Street (Lots 15, 16 & 17, Block 111, District Lot 541, Plan 210; PID: 015472213, 015472230 & 015472264 ) from DD (Area N) to CD-1, to permit a hotel tower and to restore the Leslie House for a lounge for the adjacent hotel lobby and for ancillary offices on the second floor, generally as outlined in Appendix A of the Policy report dated March 9, 2004 entitled "CD-1 Rezoning - 1380 Hornby Street" 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 Christopher Bozyk Architects Ltd., and stamped "Received City Planning Department March 5, 2004", 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:

Design Development:

(1) Design development to the north and east facades, and related podium rooftop treatment, to improve visual quality for residents of the adjacent developments to the north and across the lane;

Note to applicant: The podium rooftop treatment should mitigate active uses, and be maintenance friendly.

(2) Design development to the courtyard, related podium facades, bridging features connecting the Leslie House with hotel functions and landscape treatment to ensure an appropriate setting and scale relationship between the heritage resource and new development;

Note to applicant: The bridge element should be transparent in its expression to distinguish the Leslie House's north facade. Careful study of the courtyard's perceived visual scale, include the introduction of large landscape features, is required.

(3) Design development to the lane elevation to reduce the visual impact and improve crime and safety performance of loading, parking garage access and utility functions.

Note to applicant: Greater lower level rear yard setback may be required to respond to Engineering and Health conditions of approval related to garbage and recycling facilities siting and access.

(4) Design development to all facades to refine detail intent, ensure visual interest and reduce the perceived visual scale to ensure an appropriate visual relationship with the Leslie House.

Landscape:

(5) Design development to provide one additional street tree along Hornby Street (in the area of the closed curb crossing).

Note to applicant: On the development permit drawings, new street trees should be noted "Final species, quantity and spacing to the approval of the City Engineer and Park Board." Contact Eileen Curran (604.871.6131) of the Engineering Streets Division regarding street tree spacing and quantity and Bill Stephen (604.257.8587) at the Park Board regarding tree species.

Environmental Health:

(6) Design development to garbage storage area to minimize nuisances.

(7) Design development to ensure underground parking is adequately ventilated to prevent the build-up of noxious gases.

Note to applicant: Pr ior to construction, detailed drawings of food/retail spaces are to be submitted for review by the Environmental Health Division for compliance with Health By-law #6580 and the Food Premises Regulation and details of the swimming pools/hot tubs are to be submitted to the Environmental Health Division and the Provincial Health Engineer.

CPTED:

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

(i) theft in the underground by securing the parking with a gate;
(ii) mischief in alcoves on the lane; and
(iii) vandalism such as graffiti on the lane.

Engineering Services:

(9) Parking and loading for the new development are to be provided as per section 4.3.2 (DD requirements) of the Vancouver Parking By-law. Relaxation and exemption provisions of the Vancouver Parking By-law shall apply.

(10) Parking for the existing restaurant and other ancillary functions of the Leslie house shall be provided as per section 4.3.1, Area II of the Vancouver Parking By-law within the hotel parkade.

(11) All garbage and recycling facilities for the hotel and restaurant are to be provided on site to the satisfaction of the General Manager of Engineering Services, including appropriate access and right-of-way agreements.

Fire Department:

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

Note to applicant: Review Section 3.2.5.20 - Co-ordination of Fire Fighting Facilities. Fire protection equipment (i.e., fire hydrant location, fire department connection, central alarm and control facility and standpipes) should be indicated on Development Permit drawings.

Acoustics:

(13) Design development to mitigate noise impacts on the site.

Note to applicant: An Acoustical Consultant's report which assesses noise impacts on the site and recommends mitigating measures will be required with the Development Permit application. If a bell or bells are to be incorporated, they should be considered in the consultant's assessment, noting that they would not be subject to the Section 8 (b) exemptions of the Noise Control By-law No. 6555.

AGREEMENTS

(c) That, prior to enactment of the CD-1 By-law, the following are addressed to the satisfaction of the General Manager of Engineering Services:

(i) consolidate lots 15, 16 and 17, Block 111, D.L. 541, Plan 210;

(ii) arrangements for sewer upgrading for this site;

Note to applicant: The current plans are inadequate to determine upgrading requirements; additional site information and further review is necessary to determine extent of upgrading;

(iii) arrangements for relocation of the "H" pole that obstructs access to the proposed driveway ramp in the lane;

Note to applicant: Confirmation from BC Hydro that the pole can be relocated is required.

(iv) arrangements for undergrounding of any new electrical and Telus services from the closest existing suitable service point, including a review of any proposed additional cabling to serve this development to determine any impacts on the neighbourhood; and

(v) execute a legal agreement satisfactory to the Director of Legal Services.

(d) That, prior to enactment of the CD-1 By-law, the following are addressed to the satisfaction of the Directors of Current Planning and Legal Services:

(i) approval and enactment of a Heritage Revitalization Agreement and Designation By-law along with any required accompanying by-laws to ensure the long-term protection of the Leslie House at 1380 Hornby Street.

B. THAT Council authorize the Director of Legal Services to enter into a Heritage Revitalization Agreement for the property at 1380 Hornby Street to secure the protection and on-going maintenance of the Leslie House.

C. THAT the Director of Legal Services bring forth the by-law to designate the heritage house.

D. THAT Council require that an agreement be registered to secure the timely rehabilitation of the heritage house.

E. THAT, as a consequential amendment to rezoning of the site at 1380 Hornby Street from DD to CD-1:

(i) the maps in the Downtown Official Development Plan By-law No. 4912, be amended to indicate this site is no longer zoned DD;

(ii) the Schedule E to the Sign By-law No. 6510 be amended to assign this site Schedule B(DD); and

(iii) subject to approval of the rezoning at Public Hearing, at the time of enactment the Noise By-law be amended to include this CD-1 in

F. THAT the applicant and city staff establish a co-design team with the affected neighbours; and

FURTHER THAT there is a creation of an operational management plan, again with neighbourhood input; and

FURTHER THAT the HRA grant be at the highest level of access that is feasible.

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