Vancouver City Council

SPECIAL COUNCIL MEETING

(PUBLIC HEARING)

DECISIONS

DATE: Thursday, May 20, 2004

TIME: 7:30 p.m.

PLACE: COUNCIL CHAMBER

THIRD FLOOR, CITY HALL

For information, please call Diane Clairmont at
604.871.6381 or email at diane_clairmont@city.vancouver.bc.ca

1. HERITAGE DESIGNATION: 641 East Georgia Street

        A. THAT Council by by-law designate 641 East Georgia Street, listed on the Vancouver         Heritage Register in the "B" category, as municipally protected heritage property.

B. THAT the Director of Legal Services bring forth the by-law to designate the building.

2. HRA & HERITAGE DESIGNATION: 1226 Homer Street

A. That Council authorize the Director of Legal Services to enter into a Heritage Revitalization Agreement for the property at 1226 Homer Street to:

i) secure the protection and ongoing maintenance of this "C" category building on the Vancouver Heritage Register; and
ii) vary the provisions of the HA-3 District Schedule of the Zoning and Development By-Law as described in Development Application No. DE408152, to permit an increase in the maximum floor space ratio for residential uses from 3.0 FSR to 4.4 FSR, and to make this non-conformity lawful in perpetuity.

B. That Council designate, by bylaw, the building at 1226 Homer Street as protected heritage property;

C. That the Director of Legal Services bring forth the bylaws to authorize the Heritage Revitalization Agreement and to designate the building;

D. That Council require that an agreement be registered to secure the timely rehabilitation of the heritage building; and,

E. That the agreements be given priority over all other charges on title, except those already held by the City, to the satisfaction of the Director of Legal Services.

3. REZONING: 900 Pacific Boulevard

A. THAT the application by James KM Cheng Architects, to rezone 900 Pacific Boulevard (District Lot 2850 Group 1 NWD, except Portion on Plan 20421 & 21425, District Lot 4674, Plan 6107 except Portion on Plan 20421 and LMP 13010, and District Lot 5673, Group 1 NWD except Portion on Plans 21425 and LMP 13010) from BCPED to CD-1, to set maximum residential floor area at 70 558 m² (759,500 sq. ft.) and set the maximum number of dwelling units at 714, generally as outlined in Appendix A of the Policy report dated February 11, 2004 entitled "CD-1 Rezoning of 900 Pacific Boulevard (False Creek North Area 6A" be approved, subject to the following conditions:

a) THAT the proposed form of development be approved by Council in principle, generally as prepared by James KM Cheng Architects, in revised plans stamped "Received Planning Department", December 1, 2003, provided that the Director of Planning or the Development Permit Board, as the case may be, may approve 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(s), including a submission equivalent to a preliminary development application, for the entire neighbourhood, by the Director of Planning or the Development Permit Board, as the case may be, who shall have particular regard to, among other things, the following:

DESIGN DEVELOPMENT - GENERAL

1) design development to the whole neighbourhood public realm should be undertaken and submitted concurrently with the first development application;

Note to Applicant: aspects to review include, among other things: the extension of Smithe Street that facilitates a pedestrian and bicycle connection to the waters edge of False Creek, the pedestrian route that is parallel to Pacific Boulevard and winds under the Cambie Bridge off-ramp, and pedestrian circulation around the Park addition;

2) design development to the under-bridge and off-ramp area should be undertaken and submitted concurrently with the first development application;

Note to Applicant: aspects to review include, among other things: soft visual landscaping, pedestrian routes that connect the corner of Pacific Boulevard and Nelson Street to the new neighbourhood and to programmed activity areas in Coopers' Park including areas under the Cambie Bridge;

3) design development to Coopers' Park that responds to the new neighbourhood concept should be undertaken and submitted concurrently with the first development application;

Note to Applicant: aspects to review include, among other things: park structure, activity functions within the park, location and design of pedestrian routes, lighting, public seating, and interface with the surrounding built form;

4) design development to the interface between Coopers' Park and adjacent buildings to provide a public walkway on the development sites which also accommodates landscaping, park benches, and service vehicles for park maintenance and garbage removal;

5) design development to increase the setbacks for the market residential towers buildings on Marinaside Crescent to approximately 3.5 m;

6) design development to provide two- or three-storey townhouses around the base of all market residential buildings, where feasible, and the townhouses which are independent from towers should be double-fronting where that is feasible;

7) design development to the 3-storey townhouses (building F) on Marinaside Crescent to provide grade-level parking and a vehicular access system;

Note to Applicant: aspects to review include ensuring that the fee simple requirements can be met for individual ownership;

8) design development to the building characters to respond to the different contextual relationships and to provide individual building identity;

9) design development to the building amenity areas to locate and design them in such a manner as to maintain the residential quality, animation and visual interest of the neighbourhood streets and pedestrian routes;

10) design development to Tower C and the adjacent lower building form to provide a 9 m (30 ft.) setback from the Plaza of Nations (Area 6B) property line at the southerly end, and a landscape setback to the vehicular ramp and amenity building at the northerly end, and to refine the proposed 6- and 9-storey built form along the extension of Smithe Street;

11) design development to the non-market building (building E) to reduce it's width and improve building setbacks;

Note to Applicant: this may reduce the achievable density on this development parcel, and/or floor-to-ceiling heights might be reduced, and/or an additional floor may be considered, within View Protection Guidelines;

12) design development to the extension of Smithe Street, south of Marinaside Crescent, to minimise the hard surface area required for vehicle movement including fire access, and to maximise the landscaped setbacks to enhance the overall pedestrian quality and experience;

SUSTAINABILITY

13) Staff to work with the applicant to pursue sustainability measures for all market residential buildings, so as to design and construct "green buildings". This needs to be undertaken prior to the first development application;

ACOUSTICS

14) design development to provide appropriate acoustic measures for all buildings, in particular those adjacent to the Cambie Bridge and its "under-bridge area" and off-ramp, and the Plaza of Nations, to ensure appropriate liveability conditions and in particular to address potential noise impact; one particular area of concern is the part of the under-bridge area which, as part of Coopers' Park, is a well used playground popular with youth and parents and thus accommodates many noise-generating park activities, including basketball and skateboarding.

Note to Applicant: aspects to consider include an acoustical investigation of the under-bridge area to inform design development, and may include provision of mechanical ventilation that allows building occupants the option of closing windows to mitigate noise in a location subject to high noise levels.
Further Note: The CD-1 By-law has a provision that development permit applications require evidence in the form of a report and recommendations, prepared by a person trained in acoustics and current techniques of noise measurement, demonstrating that the noise levels in dwelling units listed do not exceed the noise levels set out in the By-law.

The CD-1 By-law states a condition of use that dwelling units are in an "activity zone" as defined in the Noise Control By-law, and, as a result, are subject to noise from surrounding land uses and street activities at levels permitted in industrial and downtown districts.

CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN (CPTED)

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

i) design of underbridge area to reduce opportunities for mischief and vandalism,
ii) ensuring that all pathways are clearly defined with defensible design, and
iii) reducing opportunities for graffiti and skateboarding, except where the latter may be intentionally accommodated.

AGREEMENTS

c) THAT, prior to enactment of the CD-1 By-law, at no cost to the City, the registered owner shall make arrangements for the following:

NO-DEVELOPMENT COVENANT (DENSITY TRANSFER)

1) A No-Development Covenant on terms and conditions satisfactory to the Director of Legal Services shall be registered against titles to all remaining lands of North East False Creek (namely Areas 5B, 6C and 6G). The No-Development Covenant shall prohibit any development on these remaining lands until arrangements have been made satisfactory to the City with respect to the value of and/or security for the value of the density to be transferred from Area 5B to Area 6A.

NON-MARKET HOUSING

2) One or more agreements satisfactory to the City Manager and the Directors of the Housing Centre and Legal Services by which sufficient parcels shall be conveyed to the City for the 101 non-market housing units to be constructed within the site, at a price acceptable to City Council. Such parcels are for such non-market housing programs or initiatives as City Council may generally define or specifically approve from time to time;

PUBLIC ART

3) An agreement, satisfactory to the Directors of Legal Services and Social Planning, shall be completed for the provision of public art in accordance with the City's Public Art Policies and Guidelines;

ENGINEERING

Charge Summary

4) Arrangements to be made to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services for clarification of charges shown on title (a charge summary should be provided) and, if necessary, for the modification, release, extension or replacement of such charges, on terms acceptable to the Director of Legal Services;

Subdivision/Road Dedication

5) Arrangements to be made to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services for the registration of a compatible subdivision plan, including arrangements for the dedication, transfer or lease to the City of the following:

i) all areas under the Cambie Bridge and bridge ramps,
ii) Marinaside Crescent extension,

iii) Smithe Street extension, from Pacific Boulevard to Marinaside Crescent extension,

iv) Coopers' Park addition,
v) shoreline walkway, and

vi) areas abutting Pacific Boulevard (for pedestrian and bicycle connection improvements);

Confirmations of Compliance in respect of these areas must be provided by the Ministry of Water, Land and Air protection prior to the completion and transfer of these areas to the City.

6) Arrangements to be made to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services for the registration of statutory rights-of-way (SROW) for utilities and full public access, including obligations for support and maintenance, as follows:

i) a 3.66 m wide strip at the outer perimeter of the existing Coopers' Park (north and east ends), except that this strip may be narrower in the portions where the park will be expanded,
ii) the portions of lands linking the north-east corner of Coopers' Park to the intersection of Smithe Street and Marinaside Crescent,
iii) the portions of lands linking the intersection of Smithe Street and Marinaside Crescent to the water's edge at False Creek,
iv) the portions of lands linking the intersection of Smithe Street and Marinaside Crescent to the Plaza of Nations, and
(v) the portions of lands south of building D, north of the seawall walkway.

Note: The final widths and design of the SROWs are to be to the satisfaction of the General Manager of Parks and Recreation and the General Manager of Engineering Services.

Note: The following requirements, (7) to (18), shown here as arrangements to be completed prior to enactment of the CD-1 By-law, will also be requirements of subdivision approval and will need to be completed prior to registration of a subdivision plan.

Soils Remediation

7) obtain and submit to the City copies of all soil studies and the consequential Remediation Plan, approved by the Ministry of Water, Land and Air Protection. Enter into or cause to be entered into by the Province. agreements satisfactory to the Director of Legal Services, which may include long-term leases of park from the Province, providing for the remediation of any contaminated soils on the site, in accordance with a Remediation Plan approved by the Province and acceptable to the City, providing security satisfactory to the Director of Legal Services, for the completion of remediation and indemnifying the City, the Subdivision Approving Officer and the Park Board against any liability or costs which may be incurred as a result of the presence of contaminated soils on the site;

Soils Remediation (Road)

8) submit to the City a remediation plan for all newly dedicated streets and utility rights-of-way required to serve the subject site, including utility construction plans compatible with the accepted remediation plan, together with any agreements deemed necessary by the General Manager of Engineering Services providing for the construction and installation of remedial works, including monitoring systems for, among other things, water discharges and ground water flows, and other remedial works or systems required by the General Manager of Engineering Services all to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services;

Soils Indemnity

9) execute an Indemnity Agreement, satisfactory to the Director of Legal Services, providing for security to the satisfaction of the Director of Legal Services, protecting the City, the Subdivision Approving Officer and the Park Board from all liability or damages arising out of or related to the presence of contaminated soils on the site, howsoever occurring, arising during the period commencing immediately following the Public Hearing until such time as the Ministry of Water, Land and Air Protection issues Confirmations of Compliance, in substantially the form appended to the Certificate of Remedial Process issued by the Province (as then represented by the Ministry of Environment) on September 7, 1990, certifying that the site, including all roads, utility corridors, open spaces and parks contained therein, have been remediated to Provincial Standards as defined in the Confirmations of Compliance;

Soils Vancouver Charter

10) shall, as required by the General Manager of Engineering Services and the Director of Legal Services in their discretion, do all things and/or enter into such agreements deemed necessary to fulfill the requirements of Section 571(B) of the Vancouver Charter;

Occupancy

11) execute a Section 219 Covenant, satisfactory to the Director of Legal Services, that there will be no occupancy of any buildings or improvements on the site constructed pursuant to this rezoning, until Confirmations of Compliance have been provided to the City by the Ministry of Water, Land and Air Protection;

Services Agreement

12) execute a service agreement, satisfactory to the General Manager of Engineering Services and the Director of Legal Services, to ensure that all on-site and off-site works and services necessary or incidental to the servicing for the subject site (collectively called the "Services") are designed, constructed, and installed at no cost to the City, and to provide for the grant of all necessary street dedications and rights-of-way for the Services, all to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services. Without limiting the discretion of the said City officials, this agreement shall include provisions that:

i) no Development Permit in respect of any improvements to be constructed on the subject site pursuant to this rezoning shall be issued until the design of all of the Services is completed to the satisfaction of the General Manager of Engineering Services;
ii) the design of all the Services will be completed to the satisfaction of the General Manager of Engineering Services prior to: (i) tendering for the construction of any of the Services; or (ii) any construction of the services if the Property owner decides not to tender the construction;
iii) no occupancy of any buildings or improvements constructed pursuant to the rezoning, (except for those building sites to be transferred to the City), shall be permitted until all Services are completed to the satisfaction of the General Manager of Engineering Services; and
iv) in addition to standard utilities and utility extensions, necessary services will include:

a) the extension of Marinaside Crescent,
b) the detailed design of Smithe Street from Expo Blvd. to the subject site,
c) the construction of Smithe Street from Pacific Blvd. to Marinaside Crescent extension, including all required alterations to road grade and reconstruction of the intersection at Pacific Blvd. and Smithe Street,
d) a traffic signal at the intersection of Smithe Street and Pacific Blvd.,
e) improvements to the intersection of Marinaside Crescent and Nelson Street,
f) pedestrian and cycling connection improvements, including connections between the Cambie Bridge pedestrian/cyclist circular ramp and Coopers' Park;
g) design and construction of improvements to the underbridge and under ramp open space areas to the satisfaction of the General Manager of Engineering Services, and
h) a detailed traffic/transportation study, all to the satisfaction of the General Manager of Engineering Services.

Note: All sidewalk widths on dedicated streets and SROWs are to be to the satisfaction of the General Manager of Engineering Services.

Shoreline Works Agreement

13) execute agreements, satisfactory to the General Manager of Engineering Services and the Director of Legal Services, obligating the property owners, at no cost to the City, to design and construct the shoreline works relevant to the subject site and which shall include a waterfront pedestrian/bicycle system (collectively called "Shoreline Works"), to the satisfaction of the General Manager of Engineering Services (and the General Manager of Parks and Recreation where such improvements encroach on park areas). This agreement will include provisions that:

i) no Development Permit in respect of any improvements to be constructed on the subject site pursuant to this rezoning shall be issued until the design of the Shoreline Works is completed to the satisfaction of the General Manager of Engineering Services;
ii) the design of the Shoreline Works will be completed to the satisfaction of the General Manager of Engineering Services prior to tendering for the construction of these works, or the commencement of construction of the Shoreline Works if the property owner decides not to tender the construction;
iii) the property owner shall grant all requisite ownership rights to the City, whether by dedication or perpetual right-of-way (as the City shall determine), over lands containing the Shoreline Works and shall grant access thereto, to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services;
iv) the property owner shall assure access to, and support of, the Shoreline Works from both the uplands and the water lots, and shall grant rights-of-way therefore as required by the General Manager of Engineering Services, including a blanket right-of-way over the water lots for access to the Shoreline Works for maintenance and repair purposes;
v) the property owner shall amend the temporary walkway letter of agreement dated October 16, 1987, to the satisfaction of the General Manager of Engineering Services and Director of Legal Services, to include provisions for improved maintenance of any re-routings of the temporary walkway and for bypassing of construction areas;
vi) the water lots shall be maintained, to the satisfaction of the General Manager of Engineering Services, in such a manner as to preserve the amenity value inherent in the Shoreline Works;
vii) the property owner shall obtain all necessary approvals and permits under the Navigable Waters Protection Act (Canada) and any ocean dumping permits which may be required by Federal Authorities; and
viii) the construction of the Shoreline Works shall be completed in accordance with the following schedules:

a) no occupancy of any building shall be permitted until the Shoreline Works is completed to the satisfaction of the General Manager of Engineering Services (and the General manager of Parks and Recreation where relevant); and
b) in any event, the Shoreline Works shall be completed to the satisfaction of the General Manager of Engineering Services prior to 10 years from the date of enactment of Area 6A rezoning.

Park Works

14) execute agreements satisfactory to the Director of Legal Services and the City Manager to provide at no cost of the City, either by conveyance, dedication or long-term lease from the Province, an additional park area of 1 226 m² (13,197 sq. ft.), this extension of Coopers' Park to be designed, constructed, and completed by the property owner to the satisfaction of the General Manager of Parks and Recreation, in consultation with the Director of Current Planning and the General Manager of Engineering Services, on terms satisfactory to the Director of Legal Services. Confirmations of Compliance in respect of the park area must be provided by the Ministry of Water, Land and Air Protection prior to the completion and transfer of the park to the City.

15) execute agreements satisfactory to the Director of Legal Services and the General Manager of Parks and Recreation to design, construct, and complete at no cost to the City the following changes to the existing Coopers' Park:

i) a pedestrian and bicycle connection from the east-west walkway and bikeway in the park to the spiral pedestrian-bicycle ramp on Cambie Bridge, and
ii) physical modifications that are required to properly integrate the park addition into the existing Coopers' Park.

Floodplain Agreement

16) register a floodplain covenant, satisfactory to the Director of Legal Services and the Ministry of Water, Land and Air Protection;

Bridge Proximity Agreement

17) register a Bridge Proximity Agreement, completed to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services; and

Amend Covenants

18) re-evaluate, amend and/or release all existing covenants and rights-of-way to address the proposed development to the satisfaction of the Director of Legal Services.

Note: 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.

The facilities to be provided including the Services, Shoreline Works, and Park Works, as well as site remediation, may, in the discretion of the General Manager of Engineering Services, General Manager of Parks (where the park is concerned) and Director of Legal Services, be constructed in phases, in accordance with phasing plans satisfactory to the aforesaid officials, and the respective Agreements will provide for security and occupancy restrictions appropriate to such phasing.

The preceding agreements are to be registered in the appropriate Land Title Office, with priority over such other liens, charges and encumbrances affecting 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 bylaw; 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. The timing of all required payments, if any, shall be determined by the appropriate City official having responsibility for each particular agreement, who may consult other City officials and City Council.

B. THAT the application by the Director of Current Planning to amend False Creek North Official Development Plan, By-law No. 6650 generally in accordance with Appendix C of the above noted report be approved.

C. THAT the application by James JM Cheng Architects to amend the Sign By-law to establish regulations for the CD-1 site in accordance with Schedule E (assigned Schedule B(DD) be approved.

D. 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 A.

E. THAT Recommendations A to D be adopted on the following conditions:

(i) THAT the passage of the above resolutions creates no legal rights for the applicant or any other person, or obligation on the part of the City; any expenditure of funds or incurring of costs is at the risk of the person making the expenditure or incurring the cost;

(ii) THAT any approval that may be granted following the Public Hearing shall not obligate the City to enact a by-law rezoning the property, and any costs incurred in fulfilling requirements imposed as a condition of rezoning are at the risk of the property owner;

(iii) THAT the City and all its officials, including the Approving Officer, shall not in any way be limited or directed in the exercise of their authority or discretion, regardless of when they are called upon to exercise such authority or discretion; and

(iv) THAT the rezoning of Areas 5B and 6C shall not be considered until a comprehensive public amenity package has been established to the City's satisfaction for the final overall land use and density in the balance of the North East False Creek area. (Areas 5B and 6C).

F. THAT prior to enactment of the CD-1 By-law, and at no cost to the City, the registered owner shall enter into an agreement, to be completed to the satisfaction of the City Manager and the General Manager of Parks and Recreation, on terms and conditions satisfactory to the Director of Legal Services, for the provision of a preliminary conceptual design for the future park on Area 9, including base elevations and preliminary layout, details, anticipated uses and general grading for the park, and the preparation of this design to include public consultation.

G. THAT Section 6 (Building Height) of the CD-1 By-law be amended to replace "except that the height of the building in sub-area A may increase to 15 storeys in further design development approved by Council" by "except that the Development Permit Board may permit an increase in the number of storeys for any building within the total building height established for these buildings in the illustrative form of development approved at Public Hearing, notwithstanding the provisions of the applicable official development plan.

H. THAT, as requested by the Vancouver Board of Parks and Recreation, Council will explore mechanisms to deliver Creekside Park extension (Parcel 9 in False Creek North) as early as possible.

I. THAT, as requested by the Vancouver Board of Parks and Recreation, Council will consider, at the time when a rezoning application is received for Parcel 6C, a year by which Creekside Park extension must be delivered.

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