Vancouver City Council |
CITY OF VANCOUVER
SPECIAL COUNCIL MEETING MINUTES
APRIL 20 AND 22, 2004
A Special Meeting of the Council of the City of Vancouver was held on Tuesday, April 20, 2004, at 7:30 p.m., in the Council Chamber, Third Floor, City Hall, for the purpose of holding a Public Hearing to consider proposed amendments to the Zoning, Sign and Heritage By-laws and the Official Development Plan. Subsequently, the meeting was recessed, and reconvened in the Council Chamber at 7:30 p.m. on Thursday, April 22, 2004, with the same members present. The Minutes have been consolidated for ease of reference.
PRESENT:
Deputy Mayor Raymond Louie
Councillor Fred Bass
Councillor David Cadman
Councillor Jim Green
Councillor Peter Ladner
Councillor Tim Louis
Councillor Anne Roberts
Councillor Tim Stevenson
Councillor Sam SullivanABSENT:
Mayor Larry Campbell (Leave of Absence - Civic Business)
Councillor Ellen WoodsworthCITY CLERK'S OFFICE:
Denise Salmon, Meeting Coordinator
COMMITTEE OF THE WHOLE
MOVED by Councillor Cadman
SECONDED by Councillor Bass
THAT this Council resolve itself into Committee of the Whole, Deputy Mayor Louie in the Chair, to consider proposed amendments to the Zoning, Sign and Heritage By-laws and the Official Development Plan.
CARRIED UNANIMOUSLY
1. REZONING: 1475 Howe Street
An application by Rafii Architects was considered as follows:
Summary:
Rezone from False Creek Comprehensive Development District (FCCDD) to Comprehensive Development District (CD-1) to permit a residential and live-work development. At the time of enactment, the Noise Control By-law will be amended with respect to this site.
The Director of Current Planning recommended approval, subject to conditions.
Staff Opening Comments
Alan Duncan, Planner, Rezoning Centre, provided a description of the application, noted the form of development is compatible with the surrounding area, subject to design refinements and provided highlights on both the sustainability aspects and pubic benefits of the application.
In response to questions from Council, Mr. Duncan provided clarification on the number of parking spaces recommended for the project. Larry Beasley, Director of Current Planning, provided additional details related to Council's new policy on allocation of spaces for cooperative vehicles, and also advised the applicant is voluntarily designing and constructing the building as a "green building".
Applicant Comments
Chuck Brook, Brook Development Planning, advised of his general agreement with the staff report and noted the development will set new standards for architecture and sustainability, and further advised LEED certification will be pursued for the building. Mr. Brook also responded to questions related to amount of parking proposed, and noted his willingness to reduce this amount of parking. Staff advised wording could be provided to address Council's concerns regarding the proposed amount of parking, although caution was noted related to the shortage now experienced in South False Creek.
Summary of Correspondence
Council received no correspondence on this application since referral to Public Hearing.
Speakers
The Deputy Mayor called for speakers for and against the application.
The following delegations spoke in opposition to the application:
Ken Mimura
David Song
Diana Merry
Yu Feng Zhang
Andrew Smyth
Rebecca Brown
Rod MacKin
Bob BubekComments provided by the foregoing speakers included the following:
· property values will decrease due to shadow cast by the tower, and views will be obstructed;
· the building will be 80 feet away from adjacent building, and both views and privacy will be compromised;
· the proposed parkade will double vehicles accessing the alleyway, which is already congested and will result in gridlock;
· concern with the proximity of the two sites - a very narrow space between the two towers;
· public information meeting gave little option for input from citizens, other than placement of tower;
· if the tower is constructed the adjacent courtyard will be severely deprived of sun;
· do not allow transfer of density to this site; and
· this project is not right for this site.The following delegations spoke in support of the application:
Majid Motlagh
Peter Carrall
Ashian JanComments provided by the foregoing speakers included the following:
· relocation of the tower is a wise decision, as many of the units at 888 Pacific will not now be blocked;
· less view blockage is afforded by the redesigned slender tower;
· this development will enhance the whole neighbourhood; and
· the building will block out the interchange up from Granville Street, which is an asset.Staff Closing Comments
Mr. Beasley advised the tower compares favorably with the floor plate size of the adjacent building at 888 Pacific, and in response to questions from Council regarding the applicant's willingness towards a green building, echoed Council's hope those savings from the reduction in parking will be geared toward additional greening and sustainable features within the building. Bob Macdonald, Parking Engineer, provided suggested wording for Council, should it wish to reduce the amount of parking.
Council Decision
MOVED by Councillor Cadman
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.
CARRIED UNANIMOUSLY
2. REZONING & HRA/HERITAGE DESIGNATION: 1380 Hornby Street
An application by Christopher Bozyk Architects Ltd. was considered as follows:
Summary:
Rezone from Downtown District (DD) to Comprehensive Development District (CD-1) to permit a hotel. Associated with the rezoning is designation and a Heritage Revitalization Agreement for the restoration of the Leslie House. There is also an amendment to the Sign By-law and at the time of enactment of the zoning by-law, an amendment to the Noise Control By-law. The Downtown District base maps will also be altered to delete this site.
The Director of Current Planning recommended approval, subject to conditions.
Staff Opening Comments
Larry Beasley, Director of Current Planning, advised this is not a typical developer application - the developer plans to develop, and then use the building as a full boutique hotel; the scale of the project represents a minimum scale to make this kind of project work. Mr. Beasley advised of two compelling public objectives - first, to save the heritage building, and second, to do a neighbourly development. Mr. Beasley also acknowledged the concerns which will be expressed by neighbours this evening are real, and further acknowledged Council will be faced with some choices. He further stated his belief that the optimum balance has now been brought forward to Council.
Alan Duncan, Planner, Rezoning Group, provided details of the form of development, and noted the Vancouver Heritage Commission has offered its support for the project, and stressed the importance of preserving Leslie House. Mr. Duncan further advised of the Urban Design Panel's support for the proposed tower, which although much taller than permitted by current zoning, is also much slimmer. In regard to the public process, staff advised this proposed massing was intended to positively respond to neighbours' concerns related to loss of views, shadowing and reduction of visibility. Leigh Gayman, Development Officer, Real Estate Services, Scot Hein, Development Planner, and Yardley McNeill, Heritage Planner were also present and responded to questions from Council.
Applicant Comments
Christopher Bozyk, Christopher Bozyk Architects Ltd., made note of the Vancouver Heritage Commission's support for the project. He advised the applicant team has worked diligently, taking into account the concerns of the public and, given the mass of the building, feels the proposed solution is successful.
Robert Lemon, Robert Lemon Architects, noted Leslie House is `A' listed in City's Heritage Register in regard to architecture, cultural, and historical context. It is one of the oldest buildings in the City and a good example of the Queen Anne style of architecture. All features, both interior and exterior, will be kept and designated. The 1888 building is a valuable component of the City's heritage program.
Summary of Correspondence
Council received the following correspondence since the date the application was referred to Public Hearing:
· 7 letters in opposition.
Speakers
The Deputy Mayor called for speakers for and against the application.
The following delegations spoke in opposition to the application:
Jolanta Potocki (materials filed) (overhead presentation)
Dion Vuk
Dana Atwood
Ohan Korlikian
Mr. McGraal
John Houde (brief filed)
Dolores Gelabert-Houde
Karim Amersi
Yuseng Zhang
Heather Conley
Carole Dawson
Robert Young
Joy Junemann
Andrew Smyth
Jason Andrews
Lorene Smith
Man Mei Ho
Yavus Tekcan (George)
Ian Gilfillan
Chris Potocki
Rachel Stannus
Steven Jackson (materials filed)
Woosuk Choi
M.T. O'Brennan
Patrick Galasso
Shauna Erickson
Matthew Erickson
Damian Bass
Sailor Neale
Donna Crawford
Roger MacInnis
Zebulon Fastabend
Tom Peters
Candice Abraham
Adrian Whitehead
Catherine McIlroyComments provided by the foregoing speakers included the following:
· the proposal is more than 2.5 times taller than permitted under current zoning and completely out of scale with the neighbourhood;
· this site is too small to accommodate an additional 16,000 square feet;
· the development will destroy the livability of our homes and those of our neighbours;
· only the developer of this hotel and his high-end patrons will benefit - the community will pay the price;
· heritage preservation at any cost will set a dangerous precedent;
· basic concern is sunlight being taken away from many adjacent building residents - 70 feet has less impact than 187 feet;
· the proposed development will result in loss of residential character, property values, livability, views, sunlight, and privacy;
· if the rezoning is approved there will be an increase in congestion, traffic and noise;
· we now live in a beautiful neighborhood, if this development goes ahead the neighbourhood will no longer be beautiful;
· we do not need another hotel in what is generally a residential neighbourhood;
· concern with loss of direct sunlight, and impact on work of visual artist who requires light for his work;
· residents of adjacent building will now face a flat wall, birds will be gone and the overshadowed Magnolia trees will not survive;
· proposed swimming pool is 50 feet away from neighbouring building - which will impact both the work environment and privacy of tenants of Pacific Terrace Apartments;
· the sad excuse for this outrageous development lies under the banner of heritage;
· the rezoning will have an enormous negative impact and is strongly opposed;
· all surrounding residents will be adversely affected by the height and orientation of the tower and podium - through loss of daylight;
· increased noise due to the 24-hour hotel operation and outdoor swimming pool will impact hundreds of people;
· crowding of this tower onto a small site will box in residents of other buildings, reducing both privacy and airflow;
· relocate Leslie House to a more appropriate location and develop under existing zoning;
· build under existing zoning and transfer the bonus to another development or sell the bonus on the market;
· research has shown people that have access to a view or sunlight are more balanced and more inspired;
· Council is being asked by the developer to stretch and pull the rezoning by-law to allow this enormous building;
· put citizens before brick and mortar - reject this proposal;
· 86 tenants from Pacific Terrace Apartments have signed a petition opposing this project;
· zoning regulations are in place for a reason - if wall goes up it will destroy our garden;
· people shouldn't have to live in a bunker;
· quality of life should come before anything materialistic; and
· regarding the incorporation of Leslie House into the design of the hotel - it does not make sense to retain the house as the majority will be unable to enjoy it - only guests of hotel will see inside.The following delegations spoke in support of the application:
Brad Alberts, Vancouver Heritage Commission
Salley Warren
Virginia Richards
Doug Atkin
Bob Landucci
Richard Keate
John Richards
Chris MooiComments provided by the foregoing speakers included the following:
· the Vancouver Heritage Commission offers its unanimous support for the proposed application, including the bonus density, rezoning approach and relationship between the new tower and adjacent building;
· the positioning and slim shape of the proposed tower will have less impact than feared, as was the situation at 1003 Pacific;
· support for all efforts to make this a lively area of the city;
· the proposal will be a superb upgrade to the neighbourhood - a vision with staying power;
· this development will provide a gateway to the entrance to downtown;
· Vancouver is one of the most liveable cities in the world, and this development has gone through a rigorous program to meet those standards;
· the project will be a great amenity for the city - it is the right thing to do;
· support for the retention of Leslie House - one the few pre-1900 buildings that remain in the downtown area;
· urge support for the project - the building quality and built form, from a development perspective, is quite unusual; and
· the proposal offers a significant opportunity to provide a legacy element within the emerging fabric of the area.Applicant Closing Comments
Umberto Menghi, applicant, provided background details leading to his decision to purchase Leslie House over three decades ago. Mr. Menghi further advised the proposed boutique hotel will not be a generator of noise, but rather a place of rest and comfort. He further noted a rooftop garden was his vision, but inclusion of the pool was a necessity, as the project would not work without it. Christopher Bozyk, Architect, with the aid of photo boards, addressed concerns raised by a number of speakers related to shadow and view impacts and also provided details of the textured terra cotta panels, which those living at Pacific Palisades will view from their suites.
Staff Closing Comments
Larry Beasley provided summary comments on issues raised by the delegations, including alternative futures for the heritage house, specifics on the hotel use, and comments on the process. Mr. Beasley stressed the status quo would not remain, but two scenarios were possible - that the project would be built to current 70-foot guidelines, or that the developer will try to assemble the entire block, which would allow for a much taller building. Mr. Beasley also responded to issues raised related to sun access, interface conditions, separation of buildings, view blockage, and traffic issues - especially in the lanes, and reminded Council of the value of the heritage building, and the potential for demolition of Leslie House if the application before Council this evening is not approved. In conclusion, Mr. Beasley stressed importance of saving the heritage building and noted that if staff felt there were unusually negative impacts with this application, the rezoning would not have been recommended.
Council Decision
Council members discussed in detail the impacts of the proposal on residents of nearby buildings, including the possibility of relocating Leslie House, potential for a redesign to allow from more sun and less view blockage, sought clarification from staff on the accuracy of overhead images provided by delegations opposed to the rezoning and queried development options if this application were not approved as recommended.
MOVED by Councillor Sullivan
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: Prior 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.
CARRIED
(Councillors Louis and Roberts opposed.)RISE FROM COMMITTEE OF THE WHOLE
MOVED by Councillor Cadman
THAT the Committee of the Whole rise and report.
CARRIED UNANIMOUSLY
ADOPT REPORT OF COMMITTEE OF THE WHOLE
MOVED by Councillor Cadman
SECONDED by Councillor Stevenson
THAT the report of the Committee of the Whole be adopted, and the Director of Legal Services be instructed to prepare and bring forward the necessary by-law amendments.
CARRIED UNANIMOUSLY
The Special Council recessed at 11:05 p.m. on April 20, and
adjourned at 11:50 p.m. on April 22, 2004.* * * * *