Vancouver City Council

SPECIAL COUNCIL MEETING

(PUBLIC HEARING)

DECISIONS

DATE: March 15, 2005

TIME: 7:30 p.m.

PLACE: COUNCIL CHAMBER

THIRD FLOOR, CITY HALL

For information, please call Laura Kazakoff at
604.871.6353 or email at laura.kazakoff@vancouver.ca

1. HRA/HERITAGE DESIGNATION: 522 Beatty Street

A. THAT Council authorize the City to enter into an Heritage Revitalization Agreement, to be drawn up by the Director of Legal Services in consultation with the Director of Current Planning and executed by the Director of Legal Services on behalf of the City of Vancouver, for the site at 522 Beatty Street to:

- secure the rehabilitation of the Marquise building which will be renamed the Bowman Block, and its perpetual repair and replacement;

- vary provisions of the Downtown District Schedule of the Zoning and Development By-law to permit an onsite total floor space ratio increase from 5.0 FSR to 8.7 FSR, and to not apply the 3.0 FSR residential maximum;
- grant a density bonus of 43,517 sq. ft. available for transfer offsite which includes 20,000 sq. ft. if this project does not receive a Historic Places Initiative grant from the Federal Government.

B. THAT Council require a covenant to secure the timely rehabilitation of the heritage building and to ensure that the density bonus not be available for transfer until the rehabilitation is complete unless the owner secures completion of the rehabilitation by another agreement.

C. THAT subject to approval of A, Council authorize a façade grant for a total of $50,000, source of funding to be the Façade Grant funding in the Capital Budget. Approval of this recommendation requires 8 affirmative votes.

D. THAT the Bowman Block Building at 522 Beatty Street listed in the " C" category on the Vancouver Heritage Register, be designated as Protected Heritage Property.


E. AND FURTHER THAT the Director of Legal Services bring forward for enactment a by-law to authorize the Heritage Revitalization Agreement and a by-law to designate the heritage building.

2. HRA/HERITAGE DESIGNATION: 540 Beatty Street

A. THAT Council authorize the City to enter into an Heritage Revitalization Agreement for the site at 540 Beatty Street to:

- secure the rehabilitation of the Crane Building and its perpetual repair and replacement;
- to vary provisions of the Downtown District Schedule of the Zoning and Development By-law to permit an onsite floor space ratio increase from 5.0 FSR to 6.95 FSR, and to not apply the 3.0 FSR residential maximum; and
- grant a density bonus of 68,400 sq.ft. available for transfer off site, which includes 20,000 sq.ft. if this project does not receive a Historic Places Initiative grant from the Federal Government.

B. THAT Council require a covenant to secure the timely rehabilitation of the heritage building and to ensure 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.

C. THAT Council authorize the Director of Legal Services, in consultation with the General Manager of Engineering Services and the Director of Planning to enter into an encroachment agreement for special sidewalk treatment, drawn to the satisfaction of the Director of Legal Services and the General Manager of Engineering Services to allow for the restoration of glass prism blocks and their illumination from below within the public sidewalk, subject to the decommissioning of the existing areaway to the satisfaction of the General Manager of Engineering Services.

D. THAT subject to approval of A, Council authorize a façade grant for a total of $50,000, source of funding to be the Façade Grant funding in the Capital Budget. Approval of this recommendation requires 8 affirmative votes.

E. THAT the Crane Building at 540 Beatty Street, listed in the " C" category on the Vancouver Heritage Register, be designated as Protected Heritage Property.

F. FURTHER THAT Council instruct the Director of Legal Services to bring forward for enactment a by-law to authorize the Heritage Revitalization Agreement and a by-law to designate the heritage building.

3. HRA/HERITAGE DESIGNATION: 1498 Laurier Avenue

A. THAT Council authorize the City to enter into a Heritage Revitalization Agreement for the site at 1498 Laurier Avenue to:

· secure the long-term protection of the house known as Dumoine Lodge;
· vary the First Shaughnessy Official Development Plan to permit an increase in the allowable FSR from 0.45 to 0.55; and,
· vary the First Shaughnessy Official Development Plan for height of an accessory building and the gross floor area of an accessory building as a percentage of minimum permitted rear yard as described in detail in this report and as indicated under Development Application DE408992.

B. THAT the house at 1498 Laurier Avenue, known as Dumoine Lodge, listed in the "B" category on the Vancouver Heritage Register, be designated as Protected Heritage Property, including portions of the main floor foyer and central staircase as described in detail in the Administrative Report dated February 25, 2005, entitled "Heritage Designation and Heritage Revitalization Agreement - 1498 Laurier Avenue".

C. THAT Council instruct the Director of Legal Services to bring forward for enactment a by-law to authorize the Heritage Revitalization Agreement and by-law to designate the heritage building, including portions of the main floor foyer and central staircase.

4. HERITAGE REVITALIZATION AGREEMENT: 36 Water Street

A. THAT Council authorize the City to enter into a Heritage Revitalization Agreement for the site at 36 Water Street for the retention and restoration of the Grand Hotel and Terminus Hotel facades in perpetuity and to supplement and vary the HA-2 District Schedule of the Zoning and Development Bylaw to:
· grant a density bonus of 18,640 sq. ft. available for transfer offsite;

· supplement Section 2.2 of the HA-2 District Schedule of the Zoning and Development Bylaw to permit a residential unit in association with any other outright or condition use above the ground floor; and

· vary Section 6.4 of the Zoning and Development Bylaw such that uses listed in the development permit and Residential Units not on the ground floor which form part of any non-residential use shall not require separate development permit approval.

B. 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.

C. THAT, subject to approval of A, Council authorize two façade grants for a total of $100,000 ($50,000 for each principal façade), with funding of $65,000 to be provided from the 2003 Façade Grant Capital Budget, and remaining $35,000 to be provided in advance of the 2005 Capital Budget. Approval of these recommendations requires eight (8) affirmative votes.

D. THAT the agreements shall be prepared, registered and given priority to the satisfaction of the Director of Legal Services in consultation with the Director of Planning.

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

F. THAT Council authorize the Director of Legal Services to prepare and register in the Vancouver/New Westminster Land Title Office, a discharge of these properties from the Heritage By-law, and their replacement by a new heritage designation by-law designating each of the facades.

5. TEXT AMENDMENT: 375 East Pender Street & 485 Dunlevy Avenue

THAT the application by Y. M. May Lee Architect on behalf of the Mennonite Church of B.C. to amend By-law No. 7230 for the site at 375 East Pender Street and 485 Dunlevy Avenue (Lot D, Block 71, DL 196, LMP 12929, Plan 10698) to increase building height from 4 to 5 storeys to permit retention of a roof top amenity room built without permit, generally as outlined in Appendix A to Policy Report "CD-1 Text Amendment: 375 East Pender Street and 485 Dunlevy Avenue" dated February 3, 2005 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 Y.M. May Lee Architect and stamped "Received City Planning Department, January 9, 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) design development to material expression and detailing;

Note to Applicant: Brick cladding and proper detailing are important given the mass and height of the building.

(ii) design development to bays on south elevation;

Note to Applicant: Some depth reduction is necessary for scale.

(iii) design development to west stair tower;

Note to Applicant: Should be set back both for transition to adjacent house and to allow major façade element (east) to stand proud.

(iv) design development to east stair tower and stucco wall facing Dunlevy Avenue.

Note to Applicant: Stair tower is in line with the stucco wall creating a detail problem for which new brick cladding possibly combined with new stucco colour and good joint detail should be considered. Also consider removal of "right angle" windows.

Landscape:

(v) design development to strengthen public realm landscape treatment to mitigate the severity of paved surfacing/building surfaces and to address CEPTED issues, such as graffiti and loitering.

Note to Applicant: Applicant should provide a written design rationale and program for rooftop amenity areas to maximize benefits for occupants, and alter landscape design where necessary;

(vi) applicant to provide a written design rationale and program for rooftop amenity areas to maximize benefits for occupants, and alter landscape design where necessary;

(vii) landscape scheme must ensure that adequate soil depth, irrigation and drainage is provided for proposed trees and shrubs;

(viii) at the discretion of City Engineering Streets Division and Park Board, provide additional street trees adjacent to the development site; and

(ix) provide three small species trees planting beds, and planters adjacent to building. Two trees to be planted in the linear planting strip parallel to East Pender Street, and one tree to be planted in ground level planter in proximity to front door.

Note to Applicant: In the planting bed located in the five foot front yard set back parallel to East Pender Street, substitute two (2) small species trees for proposed Rhododendron standard. Center trees in between bay windows, and move trees away from building a distance of four feet from the building envelope. One tree can be planted in proposed south side 7 x 10 ft. planter. Recommend small species trees such as Japanese maple, Vine maple, Kousa Dogwood, magnolia species. Expand planting beds to accommodate trees where necessary.

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

(i) 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.

6. TEXT AMENDMENT: 1155 East Broadway (Vancouver Community College)

A. THAT the application by Rainer Fassler, Stantec Architecture, to amend CD-1 By-law No. 5407 for Vancouver Community College, to permit an additional 63 639 m² of floorspace for School and related uses, as well as limited Cultural and Recreational, Institutional, Retail and Service uses, generally as outlined in Appendix A to Policy Report "CD-1 Text Amendment: Vancouver Community College (King Edward Campus) 1155 East Broadway " dated February 1, 2005 be approved, subject to the following conditions:

[NOTE: The following conditions have been amended slightly in (b) xii) and (b) xiii) and (b) ii) c) from the version in the referral report]

DESIGN DEVELOPMENT

(a) 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:

GENERAL

(i) design development to incorporate green building principles to City standards for institutional buildings in place at the time of any Development Permit Application;

Note to applicant: Measures to be considered are described in the Vancouver Community College King Edward Campus Policy Statement - Green Building Principles.

(ii) design development to minimize the overall institutional scale and massing of the building components through the use of high quality materials, articulation and transparency;

Phase 1

(iii) design development to the Glen Drive elevations to articulate and reduce its apparent scale as it relates to the residential neighbourhood to the west;

Note to applicant: Building elements higher than 15.5m should be setback at least 6m from the property line. Along the Glen Drive frontage, new development should respect the scale of the residential neighbourhood with an objective of building height to be generally no more than 3m (9.8ft) higher than the maximum height permitted under the adjacent (RM-4) zoning.

(iv) design development to maximize the public orientation and visual distinction of campus uses, such as bookstore, fitness centre, cafes or similar animating uses to enhance the pedestrian interface and provide animation and visual interest along Glen Drive and 7^th Avenue;

Note to applicant: A high degree of transparency and accessibility should be provided along these frontages.

(v) design development to the 7^th Avenue grade level entry to further demonstrate and emphasize its importance as one of the principle entries for the campus;

Note to applicant: In addition to preserving this principle grade level entry to the campus at the completion of the master plan, provision of interim pedestrian circulation routes (such as from VCC Skytrain Station, from Great Northern Way at Glen Street, and through parking areas) should be provided that will support the importance of this entry.

(vi) design development to enhance the principle pedestrian entry along 7^th Avenue by providing greater separation with the proposed parking entry in Sub-Area A;

Note to applicant: Parking access along the south frontage of 7^th Avenue should be relocated within Sub area A of the development.

(vii) design development to improve the campus presence along the Broadway frontage with an enhanced entrance element and public functions that extends and gives emphasis to the principle pedestrian circulation (spine) within the campus out to Broadway, combined with landscaping improvements to the existing plaza;

Note to applicant: Further reinforcement of this entrance should include the introduction of animating uses.

SUB-AREA A - Subsequent Phases

(viii) design development to ensure a compatible massing relationship with the residential uses across Keith Drive and to further strengthen the new development massing with the existing campus;

Note to applicant: Along the Keith Drive frontage, new development should respect the scale of the residential neighbourhood with an objective of building height to be generally no more than 3m (9.8ft) higher than the maximum height permitted under the adjacent (RM-4) zoning.

(ix) design development to the Keith Drive frontage to achieve a compatible relationship with the residential uses across the street by maximizing its transparency and visual interest;

(x) design development for the 7^th Avenue parking access/egress to minimize its aperture on the streetwall and to maximize pedestrian safety.

Note to applicant: to ensure good sightlines between motorists, cyclists and pedestrians, at the sidewalk crossing, the ramp should be set back within the building as far as possible.

(xi) design development to enhance the public realm interface along the south side of 7^th Avenue by:

a. further enhancing the public realm interface with the inclusion of interactive or retail uses at grade level.
b. minimizing the elevation differences between the floor level of the proposed auto trade shops with the adjacent sidewalk;
c. maximizing the transparency, entry and display functions of the street level frontage to achieve a high degree of animation and visual interest of the proposed auto trade shops and library uses along the 7^th Avenue frontage; and
d. enhanced surface and landscape treatments which may also include expanded sidewalk areas.

Note to applicant: a conceptual plan for treatment of both sides of 7^th Avenue should be provided with plans for development with sub-area A.

(xii) design development to enhance the public realm environment along 7^th Avenue by maximizing sun access to the north sidewalk;

Note to applicant: Reducing the height of proposed massing within Sub-Area A and/or sculpting of the upper floors to reduce shadowing along the north sidewalk measured at the Equinox between 10:00 and 4:00 p.m. should be pursued.

(xiii) design development to enhance the Broadway Street frontage by resolving the gap in the frontage caused by the existing below street grade service area;

Note to applicant: While preserving the city skyline view; uses and/or built forms proposed in this area should be considered in context with the existing southerly open courtyard area to allow for a connection to the main circulation spine.

(xiv) design development to convert the existing southerly open courtyard located within the campus into a covered daylit courtyard;

Note to applicant: Consideration should be given to the removal of the existing elevated concrete overpass that bisects this space.

SUB-AREA B

(xv) design development to reduce project scale and mitigate view impacts from nearby properties from the east and southeast of Keith Drive and 7^th Avenue;

(xvi) design development to the Glen Drive frontage to enhance the building form to frame and strengthen its presence on the east edge of China Creek Park;

(xvii) design development to enhance the public realm interface along the north side of 7^th Avenue by:

a. provision of a variety of campus and community-serving uses, such as cafes, fitness centre, retail, bookstore or other equally animating uses, with direct visibility and multiple pedestrian access/interface from 7^th Avenue and the corner open space;
b. minimize elevation differences between the floor level of the proposed uses with the adjacent sidewalk;
c. maximize transparency of the street level frontage to achieve a high degree of animation and visual interest of the uses along 7^th Avenue and the edges of the corner open space; and
d. high quality enhanced surface and landscape treatments which may also include expanded sidewalk areas, and a double row of trees.

(xviii) design development to ensure 7^th Avenue as an important pedestrian environment by ensuring internal campus routes provide robust grade level pedestrian connections linking proposed entry points near Keith and Glen Drives along Great Northern Way through to 7^th Avenue;

(xix) design development to enhance the pedestrian interface along the southeast corner frontages of Keith Drive and 7^th Avenue with a publicly oriented campus use and to maximize the transparency of its street level frontage to achieve a high degree of animation and visual interest;

(xx) design development to the proposed pedestrian bridge to be light and transparent as possible allowing for a strong visual connection and natural light to the street below;

(xxi) design development to locate the loading access and egress for this sub area along the Keith Drive frontage; and

(xxii) design development to the 7^th Avenue street right of way to provide a street configuration, traffic calming, and surface treatments that will facilitate and enhance the pedestrian environment, particularly the usability of public space along the north edge of 7^th Avenue.

Note to applicant: A variety of measures could be pursued such as:

a) maximize sidewalk widths to accommodate two rows of trees along the north sidewalk and one row of trees along the south sidewalk;
b) a maximum of two (vehicle) lanes and provision of bike lanes to both sides; and
c) provision of a lay-by along the south west frontage between Glen Drive and principle entry (Phase 1); and high quality enhanced surface treatments.

LANDSCAPE

(xxiii) design development should ensure that the proposed landscaping areas at grade and on the roofs, as illustrated on the plan and section schematics included in the Rezoning Report dated July 2004, be provided and will be accessible;

Note to applicant: The new landscape areas should provide an attractive natural green setting for both active and passive uses by the students who will use the facility. The landscape treatment of the pedestrian-oriented areas of the public realm bordering all the five streets of this site will form a large part of the success of this application.

(xxiv) design development to improve the quality and presence of the public realm with benches, street trees, landscape planting, special paving and generous sidewalks. Bikeways should be clearly identified with provision made for bike parking especially on East 7^th Avenue;

(xxv) design development with each phase of development, to improve the quality of the public realm by providing durable, weather-proof and comfortable seating, street trees, generous sidewalks, and landscaping;

(xxvi) provision, with each development permit application, of a legal survey illustrating the following information:

1. Existing trees 20cm caliper or greater on the development site
2. The public realm (property line to curb), including existing street trees, street utilities such as lamp posts, fire hydrants, etc. adjacent to the development site.

(xxvii) provision, with each development permit application, of a Certified Arborist assessment of the condition of all existing trees located outside of the proposed building envelopes and to be retained;

Note to applicant: provision of additional street trees adjacent to the development site should be done in consultation with the General Manager of Engineering Services and Park Board. Notation of New street trees on the Landscape Plan should read: "Final species, quantity and spacing to the approval of the General Manager of Engineering Services and Park Board." Contact Eileen Curran (871-6131) of Engineering Streets Division regarding street tree spacing and quantity. Contact Bill Stephen (257-8587) of Park Board regarding tree species.

(xxviii) design development to include night lighting in all the outdoor public and private areas;

(xxix) provision, with each development permit application, of a full Landscape Plan illustrating proposed plant materials;

Note to applicant: Common and botanical names, including sizes and quantities, paving, walls, fences, and other landscape elements should be noted. Landscape Plan should be at 1:100 ( 1/8"=1'-0" minimum scale. The public realm (building edge to the curb), including the Community Garden Walkway connecting Broadway to Keith Drive, should be illustrated on the Landscape plan. All existing street trees and public utilities such as lamp posts, hydro poles, fire hydrants, etc. should be noted;

(xxx) Provision, with each Development permit application, a plan illustrating interim parking, tree retention and replacement; and

(xxxi) Provision, with each development permit application, of a detailed large scale (1:50 or 1/4"=1'-0") sections showing the planting depths for the proposed roof decks, including all green roofs;

CRIME PREVENTION

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

· open visibility and surveillance of walkways particularly in the vicinity of the transit station,
· Reducing the number of pathways through the site for better control of the campus,
· significant design development to reduce opportunities for theft in the parking areas; and reducing opportunities for;
· mischief in alcoves and undefined areas,
· other mischief such as graffiti;

EMPLOYMENT AND SKILLS TRAINING

(xxxiii) Provision, with each development permit application, of a report to Planning Staff and the Vancouver Agreement Coordination Unit, outlining the type and number of potential employment opportunities for local, inner city residents, as well as any skills training initiatives being undertaken by VCC.

Note to applicant: In addition to current recruitment practices, VCC, its contractors and subcontractors must use the Social Purchasing Portal (SPP) and take advantage of other community recruitment initiatives to post positions and bids, etc. on all construction related contracts and subcontracts and in other operational areas where appropriate. A semi-annual construction related skills training and employment strategy plan and progress report on the number of inner city residents hired, the number of positions and bids posted on the SPP and filled should be prepared by VCC in consultation with Planning and Vancouver Agreement staff. Staff will work with VCC on the development of an appropriate tracking mechanism and progress report format related to other skills training and employment initiatives being undertaken by VCC. Contact Celine Mauboules (604.871.6198) Planning Department or Jill Porter (604.873.7262) Vancouver Agreement Office.

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

i) Clarify all charges registered in the Land Title Office against the title to the lands (a charge summary, including copies of all charges, must be provided) and include the modification, extension or release of any charges deemed necessary by the Director of Legal Services.

ENGINEERING SERVICES

ii) Execute agreements to the satisfaction of the Director of Legal Services in consultation with the General Manager of Engineering Services for the following:

a) a cash contribution of $50,000.00 for improvements to the 6^th Ave and Glen Drive pump station.

Note to applicant: Engineering Services does not support the proposed on-site pump station. All storm and sanitary services will be standard gravity connections.)

b) Upgrading of the water system to provide adequate fire protection needs for all phases of the development.

Note to applicant: additional details and clarification is needed to determine any potential upgrading.

c) Provision by the applicant of $187,500, with the balance of funding provided through infrastructure program cost-sharing, for a raised left turn bay on Broadway at Glen Drive for eastbound to northbound movement, subject to Council approval of the left turn bay, as part of Phase I development.

Note to applicant: a consultant's study will be required.

d) Provision of a raised left turn bay on Great Northern Way at Glen Dr. for west to southbound traffic, including provision of an interim (painted) left turn bay.
e) Provision and implementation of a traffic demand management plan for all phases of the development.
f) Provision of street trees adjacent all sides of the existing campus and proposed expansion on lot 95 where appropriate and where space permits.
g) Provision of sidewalk and curb ramp improvements on Broadway adjacent the site.

Note to applicant: infilling and upgrading to select areas along the Broadway frontage of the site will be required

h) Provision of sidewalk on the north side of 7^th Avenue from Keith Dr to Glen Dr. prior to occupancy of the first phase of the development.
i) Provision of special sidewalk and road improvements on 7^th Ave, between Glen Dr. and Keith Dr to the satisfaction of the General Manager of Engineering Services in consultation with the Director of Current Planning.

Note to applicant: A separate application to the General Manager of Engineering Services is required for any special treatments of public property.

j) Provision of traffic calming measures on 7^th Avenue between Glen Drive and Keith Drive as an alternate to the proposed 7^th Avenue special sidewalk and road improvements.
k) Provision of traffic calming measures between Broadway and 7^th Ave, west of the campus, in consultation with the community to a maximum of $50,000.00 and on 7^th Ave between Keith Dr. and Glen Dr.
l) Relocation of the GVS&DD sewer line that passes through the site, including discharge of the related agreements from title prior to any development permit for the site.
m) Provision of a public stairway from Broadway connecting to Keith Drive adjacent the east side of the site and pedestrian improvements along the west side of Keith Drive from Broadway to the new Skytrain station.

Note to applicant: A separate application to the General Manager of Engineering Services is required.

Note to applicant: Engineering does not support the proposed curb adjustments on Keith Dr, north of the proposed stairway.

n) Dedication or other arrangements to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services, of the north 4.0 meters of block 95 for road purposes.
o) Relocation of the fence currently located on public property on Broadway adjacent the site, back to the property line.
p) Provision of a construction management plan for each phase of construction prior to issuance of the related development permit.
q) Release of any redundant charges on title prior to any development permit for each phase of development.
r) Provision of a cost estimate for all of the above mentioned works on public property and sewer relocation (to determine appropriate security for the rezoning works).

(iii) Make arrangements satisfactory to the General Manager of Engineering Services for the following:

a) Proposed pedestrian bridge over 7^th Ave will require a separate application to the General Manager of Engineering Services.

Note to applicant: Issues for the proposed pedestrian bridge include transparency, demountability and height clearances.

b) Undergrounding of all of the existing aerial utilities and services on Great Northern Way adjacent block 95.

c) Undergrounding of any new BC Hydro or Telus service for the site from the closest existing suitable service point.

DAYCARE

iv) Execute an agreement satisfactory to the Director of Legal Services in consultation with the Director of Social Planning to provide, at no cost to the City, for a fully furnished (i.e., ready for immediate occupancy) licensable temporary Child Day Care facility, on or in close proximity to the existing site, to accommodate children from the current program, until the permanent Child Day Care facility is completed in phase 1.

v) Execute an agreement satisfactory to the Director of Legal Services in consultation with the Director of Social Planning to provide for a fully fit, furnished and equipped 49 space licensed daycare facility, for 24 infants/toddlers and 25 three to five year olds, including the required outdoor play space and on-site parking, at no cost to the City.

vi) Pay to the City as a community amenity contribution $595,000 for the Childcare endowment Fund or make arrangements satisfactory to the Directors of Legal Services and Social Planning to secure payment of $595,000 to the Childcare endowment with interest at the City rate as determined by the Director of Finance from time to time, compounded annually from the date of enactment of this rezoning and payable prior to issuance of any building permit for Phase 1.

SOILS

vii) Make arrangements for obtaining and submitting to the City copies of all soils studies and the consequential Remediation Plan for the site including streets (civic lands), approved by the Ministry of Water, Lands, and Air Protection and acceptable to the City. Execute agreements satisfactory to the Director Legal Services and the City Manager, in consultation with appropriate Department Heads, obligating the property owner to;

a) remediate to the satisfaction of the Ministry of Water, Lands and Air Protections and with respect to the City, to the satisfaction of the City, any contaminated soils on the subject site and civic lands in accordance with a Remediation Plan approved by the Ministry of Water, Lands and Air Protection, and;
b) indemnify the City, the Approving Officer and the Park Board and their employees against any liability or costs which may be incurred as a result of the presence of contaminated soils on the site and civic lands, including costs arising as a result of any failure to carry out the aforementioned approved Remediation Plan and provide such security for the indemnity as the Director of Legal Services deems necessary.

(viii) Execute a Section 215 agreement, satisfactory to the Director of Legal Services, that there will be no occupancy of any buildings or improvements constructed pursuant to this rezoning on the site and civic lands until the contaminated soils on the subject site have been remediated to the satisfaction of the Ministry of Water Lands and Air Protection (and all relevant Federal authorities to the extent that the same evaluate the remediation), and to the satisfaction of the City with respect to lands dedicated or transferred to the City, in accordance with a remediation plan approved by the Ministry of Water, Lands and Air Protection, and acceptable to the City.

PUBLIC ART

(ix) Execute an agreement, satisfactory to the Director of Legal Services in consultation with the Director of 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

(x) Submit a preliminary public art plan to the satisfaction of the Director, Office of Cultural Affairs setting out the proposed public art program aims, artist terms of reference, site and artist selection methods, project budget, implementation plan and a schedule.

PARKS

(xi) Execute an agreement, satisfactory to the Director of Legal Services in consultation with the General Manager of Parks and Recreation for the provision of a Community Amenity Contribution of $350,000, for Parks and Recreation purposes adjusted to account for changes in the construction price index, from the date of enactment of this rezoning and payable prior to any development permit for Sub Area B.

COMMUNITY
AMENITY CONTRIBUTION

(xii) Execute an agreement, satisfactory to the Director of Legal Services securing an unallocated Community Amenity Contribution (CAC) payable to the City in the amount of $414,000 adjusted to account for changes in the consumer price index, from the date of enactment of this rezoning payable prior to issuance of a building permit for any development in Sub-area B.

(xiii) That prior to enactment of the CD-1 By-law, the registered owner shall, at no cost to the City, make arrangements to the satisfaction of the Director of Legal Services in consultation with the Director of Social Planning, to secure payment to the city of $2,000 per space, per year for start up costs for the first two years of operation in the new facility for 24 infant and toddler spaces.

Where the Director of Legal Service 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 from 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 Schedule E of the Sign By-law to establish regulations for the CD-1 site in accordance with Schedule B (C-2) be approved.

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