Vancouver City Council

SPECIAL COUNCIL MEETING

(PUBLIC HEARING)

DECISIONS

DATE: February 15, 2005

TIME: 7:30 p.m.

PLACE: COUNCIL CHAMBER

THIRD FLOOR, CITY HALL

For information, please call Denise Salmon at
604-873.7269 or email at denise.salmon@vancouver.ca

1. HERITAGE DESIGNATION: 6821 Laurel Street

A. THAT Council approve the designation of the Dodek House at 6821 Laurel Street, listed on the Vancouver Heritage register in the "A" category, as Protected Heritage Property, including the interior fireplace as described in detail in the Administrative Report dated January 20, 2005, entitled "Heritage Designation- Dodek House, 6821 Laurel Street".

B. THAT the Director of Legal Services bring forth the by-law to designate the exterior of the Dodek House and the interior fireplace as Protected Heritage Property as described in detail in this report.

C. THAT Council commend the owners for volunteering to have their property protected by heritage designation.

2. HRA: 5 West Pender Street

A. THAT Council authorize the City to enter into a Heritage Revitalization Agreement for the site at 5 W. Pender Street rehabilitation, repair and replacement of the Chinese Freemasons building in perpetuity and to supplement and vary the HA-1 District Schedule of the Zoning and Development Bylaw to:

- grant a density bonus of 35,334 sq. ft. available for transfer, which includes both 922 sq.ft. of notional residual density and 4,373 sq.ft. if this project does not receive a Historic Places Initiative Grant from the Federal Government;

- limit the development of the site to the built form proposed in Development Application Number DE 408526; and

- make Sections 4.2, 4.4 and 4.6 of the HA-1 District Schedule not applicable to this heritage site as the existing heritage building cannot comply.

AND THAT Council require a covenant providing that the density bonus not be available for transfer until the rehabilitation is complete, unless the owner secures completion of the rehabilitation by a separate agreement.

B. THAT, subject to approval of RECOMMENDATION A, Council authorize two façade grants for a total of $100,000 ($50,000 for each principal façade) source of funding to be the 2003 - 2005 Capital Plan. Approval of these recommendations requires eight (8) affirmative votes.

C. THAT the agreements shall be prepared, registered and given priority to the satisfaction of the Directors of Planning and Legal Services.

D. THAT , subject to approval of RECOMMENDATION A, Council instruct the Director of Legal Services to prepare a Tax Exemption Bylaw for 5 W Pender for a property tax exemption which is not to exceed a value of $247,294 or a period of ten (10) years, which ever comes first.

E. THAT, if the Tax Exemption By-law receives the assent of electors, or is deemed approved by the electors under the Vancouver Charter, the Director of Legal Services bring forth a Tax Exemption By-law providing that:

- If issuance of an occupancy permit for the heritage rehabilitation work authorized under Development Application Number DE 408526 occurs before October 31st, the tax exemption period for 5 W. Pender Street will begin on January 1st of the next calendar year;

- If issuance of an Occupancy Permit for the heritage rehabilitation work authorized under Development Application Number DE 408526 occurs after October 31st, the tax exemption period for 5 W. Pender Street will begin on January 1st of the calendar year after the next calendar year; and

- If the owner of the property does not fulfill all requirements necessary to obtain an Occupancy Permit within sixty (60) months after the enactment date of the Tax Exemption By-law, it will have not further force or effect.

F. AND THAT Council instruct the Director of Legal Services to bring forward for enactment a by-law to authorize the Heritage Revitalization Agreement.

3. REZONING: 755-765 West 42^nd Avenue

THAT the application by Mosaic Avenue Properties LP to rezone 755-765 West 42nd Avenue (Lots 19 and 20, Block E of Block 1008, DL 526, Plan 10698) from RT-1 to CD-1 to permit 15 two- and a half-storey townhouses at floor space ratio of 1.0 generally as outlined in Appendix A to Policy Report "CD-1 Rezoning: 755-765 West 42nd Avenue" dated January 4, 2005 be approved, subject to the following conditions:

[NOTE: The following conditions have been amended slightly in b(vii) and b (viii) from the version in the referral report]

FORM OF DEVELOPMENT

(a) That the proposed form of development be approved by Council in principle, generally as prepared by Hollifield Architects Inc. and stamped "Received City Planning Department, November 12, 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:

(i) clarification on the drawings, showing more detailed information of the immediate context, accurately describing site relationship to neighbouring sites;

Note to Applicant: Provide details, plan details and sections including existing and proposed grades. Provide a continuous landscape buffer along the side property lines.

(ii) design development to the front and side yard setbacks and adjacent building relationships, responding more sympathetically to existing neighboring site conditions;

Note to Applicant: Proposed building setbacks need to consider neighbouring site conditions. Consider issues of privacy, overlook, shadowing and views to the street and how best the building and landscaping might respond to mitigate impact on neighbours.

(iii) design development to material expression and detailing;

Note to Applicant: Materials should be of high quality, with a thickness to their edge profile and well detailed. Substitute products for example, such as plastic siding or brick veneer is not acceptable. More use of brick is encouraged. Termination of brick needs to be carefully considered and consistently applied. Side elevations should be treated in a manner of equal importance to neighbouring sites.

(iv) design development to enhance the landscaping of the public and semi public realm, as seen from the street and neighbouring properties.

Note to Applicant: The treatment of the street scape extends from the front yard to the street curb. Consider ways to enrich the public realm with landscaping and street furniture.

CPTED (Crime Prevention through Environmental Design):

(v) design development to take into consideration the principles of CPTED, having particular regard to reduce opportunities for;

- theft in the underground and graffiti on blank walls through reconfiguring the garbage and exit area in the northeast corner at the lane such that an alcove is not created and the parking podium should be terraced with planters and coordinated with the adjacent grades.

Note to Applicant: A cut-through path should not be created.

Landscape:

(vi) all existing trees 20cm calliper or greater (proposed to be removed or retained) must be clearly illustrated on the Landscape Plan;

(vii) delete one of the two proposed patios for unit A2 in an effort to reduce the amount of unnecessary paving on site;

(viii) provide layered foundation planting along the front elevation of building "B"

(ix) indicate on the p1 (Parking Level Floor Plan) the location of all trees proposed above, confirming minimum 36" soil depth in order to support healthy growth of trees to intended mature size;

Fire:

(x) all Townhouse Units of Buildings A, B. & C have to be assigned a street address from West 42nd Avenue.

(xi) principal fire department response point must be indicated and the fire alarm monitoring company to use the address of the Townhouse Unit adjacent to the Fire Alarm Annunciator panel. A strobe light connected to FAS to be provided at annunciator panel. A Graphic Site Plan c/w Townhouse addresses and location of underground parkade access must be posted at fire alarm annunciator panel. The location of the fire department sprinkler siamese connection must be at the principal fire department response point facing the street.

(xii) a 1.2 m wide hard surface access pathway must be provided from West 42nd Avenue curb directly to the underground parkade access door.

(xiii) maximum travel distance (via path of travel) to furthest Townhouse Unit from fire vehicle (at fire dept response point) is 45 m (148 ft.).

(xiv) main access pathway(s) to be 2 m (6-7 ft.) in width with individual access paths to units 1.2 m (4 ft.).

(xv) buildings should be sprinklered to NFPA 13R - 1999 and the underground parkade to NFPA 13 - 1999.

AGREEMENTS:

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

Engineering Services:

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

(1) consolidation of all lots involved

(2) widening of existing utility right of way that runs through the site to 10 ft. in width at grade and 5 ft. wide below grade to provide for future under grounding of utilities within this corridor.

(3) provision of street trees adjacent the site where space permits.

(4) under grounding of all new BC Hydro and Telus services from the closest existing suitable service point, including a review of any cabling that may be necessary to determine any impact on the neighbourhood.

4. REZONING: 2020 Harrison Drive

A. THAT the application by Henriquez Partners Architects, to amend CD-1 By-law No. 3914 for 2020 Harrison Drive (Lots 8-11, Block 23, DL Fraserview, Plan 8574) to permit 82 units of Seniors Supportive or Assisted Housing generally as outlined in Appendix A to Policy Report "CD-1 Text Amendment -2020 Harrison Drive" dated December 23, 2004 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 Henriquez Partners Architects, and stamped "Received City Planning Department", October 13, 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;

Further that none of the prior to conditions, as set out below, shall add up to a loss of the unit count that is now in place - currently 82.

(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 the building's site orientation relative to Harrison Drive so that it better fits the prevailing development building pattern and improves private view amenities;

(ii) design development to the building's massing to smaller elements so the apparent scale of the building is more compatible to its surrounding context and enhances view amenities;

(iii) design development o the character of the building in terms of its material expression, variety of window pattern, roof scape and architectural detail so it is more residential and less institutional in appearance;

(iv) design development to the exterior courtyard improving sun access and providing a more gradual and meaningful transition through the courtyard down to the lower level along Southeast Marine Drive;

(v) design development to improve pedestrian interconnection between the adjoining sites;

(vi) consideration of eliminating the connecting bridge between the east and west wings, to improve views through the site;

(vii) design development to planting area north of the drop off entrance driveway to provide an inner row of trees on the site in the 1.0 m landscape setback to the north of the driveway.

(Note to applicant: This double row of trees was shown on the original submission.)

(viii) design development to retain the evergreen tree growing across the north property line in the north west corner of the site. This tree should be clearly indicated as retained on the Landscape Plan;

(ix) provision of an arborist report discussing safe methods for retaining the two large evergreen trees growing on the adjacent site to the west which will be impacted by the proposed west side yard driveway and bus parking area. These two neighbouring trees should be clearly indicated as retained on the Landscape Plan;

(x) provision of north-south sections at the east and west property lines showing the proposed and existing grades between the site and the adjacent properties. Included in this should be the bus parking area in the southwest corner of the site. (The West and East Elevations provided show the sections at the building edge.);

(xi) clarification of the steep grade change shown at the south property line on the West Elevation (Page A3.02). Wherever possible, grade changes at or near the property should provide a gradual transition to neighbouring properties;

(xii) provision of a continuous landscape buffer along side property lines;

(xiii) provision of a notation on the Landscape Plan showing the location of the property line;

(xiv) provision at the development permit stage of a full Landscape Plan illustrating propose plant materials (common and botanical names), sizes and quantities; paving, walls, fences, light fixtures and other landscape elements; and site grading. The Landscape Plan should be at 1:100 (1/8" = 1'-0") minimum scale;

(xv) design development to take into consideration the principles of CPTED, having particular regard to reducing opportunities for theft from cars in the parking area;

(xvi) design development to ensure that Fire Department access to building and direct access to all floors comply with the Vancouver Building By-law and to satisfaction of Vancouver Fire and Rescue Services;

(xvii) mechanical equipment (ventilators, generators, compactors and exhaust systems) to be designed and located to minimize the noise impacts on the neighbourhood and to comply with Noise By-law #6555;

(xviii) food/retail spaces and smoking rooms to be designed for compliance with Health By-law #6580 and Food Premises Regulation;

(xix) design development to garbage storage area to minimize nuisances;

(xx) underground parking adequately ventilated to prevent the build up of noxious gases; and
(xxi) design development to locate all fresh-air intake portals away from driveways and parking/loading areas to prevent vehicle exhaust from being drawn into the building.

AGREEMENTS

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

(i) register the facility with the Registrar of Assisted Living;

(ii) consolidate lots 8-11;

(iii) 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;

(iv) make arrangements for all new BC Hydro and Telus services to be undergrounded within and adjacent the site from the closest existing suitable service point, including a review of any cabling needs to determine any impact on the neighbourhood; and

(v) make arrangements to the satisfaction of the Director of the Housing Centre and the Director of Legal Services by way of a Housing Agreement securing the building as non-market rental housing for the term fixed by the agreement with B.C. Housing.

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.

The timing of all required payments 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 CD-1 By-law No. 3914 for 2130-2288 Harrison Drive (Lots 12-15 and B, Block 23, DL Fraserview, Plan 8574 and 20067) to repeal Schedule A and Schedule D and substitute Schedule A which deletes the four westerly parcels (Lots 8-11), being 2020 Harrison Drive, be approved.

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