Vancouver City Council

	SPECIAL COUNCIL MEETING (PUBLIC HEARING) DECISIONS
		DATE:	Tuesday, April 12, 2005
		TIME:	7:30 p.m.
		PLACE:	Council Chamber Third Floor, City Hall

For information, please call Denise Salmon, Meeting Coordinator at 604.873.7269, e-mail denise.salmon@vancouver.ca

1. HERITAGE DESIGNATION: 844 Dunlevy Avenue

A. THAT Council approve the designation of 844 Dunlevy Avenue, listed on the Vancouver Heritage Register in the "B" category, as Protected Heritage Property.

B. THAT Council commend the building owners for designating their property on a voluntary basis and for participating in the Vancouver Heritage Foundation's Restore It Program.

2. TEXT AMENDMENT: Small-scale Pharmacies

A. THAT the application by the Director of Current Planning to amend the Zoning & Development By-law No. 3575 be approved as follows:

i) amend Section 2 to define "Small-scale Pharmacy";

ii) amend all district schedules that permit Grocery or Drug Store to add Small-scale Pharmacy as a conditional approval use;

iii) amend Section 11 to:

· require that a Small-scale Pharmacy include a minimum 25 square metres of publicly accessible space, unless otherwise determined by the Director of Planning; and
· require that any development permit issued for a Small-scale Pharmacy shall be limited in time to up to two years from the date of issuance.

B. THAT if approved at Public Hearing, the by-laws be accompanied at time of enactment with consequential amendments to the Parking By-law No. 6059 as outlined in Appendix A of the March 1, 2005 Policy Report.

3. TEXT AMENDMENT: 1630 West 15^th Avenue (Vancouver Lawn Tennis & Badminton Club)

THAT the application by Kori Chan, Proscenium to Architecture + Interiors Inc. amend CD-1 By-law No. 6962 for 1630 West 15^th Avenue to permit a second seasonal air-supported tennis bubble generally as outlined in Appendix A to Policy Report "CD-1 Text Amendment - 1630 West 15^th Avenue (Vancouver Lawn Tennis and Badminton Club)" dated February 28, 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 Kori Chan, Proscenium Architecture + Interiors Inc. and stamped "Received Planning Department (Rezoning Centre), June 21, 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:

Landscape:

(i) Provision of a detailed landscape plan for the south planted portion of the site (20 ft. section north of south property line) illustrating the following information:

- existing trees (size, location, species) and adjacent structures on the site;
- any City trees located on adjacent City property;
- the public realm (property to the curb); and
- any landscape alternatives to be made related to this proposal.

(ii) Addition of a condition to the development permit that private property tree removals to the south edge of the site are to be permitted only with the acceptance of a certified arborist report and required permits. An arborist report must demonstrate that tree(s) proposed for removal meet criteria listed in (a) through (e), sec. 12A, Tree By-law 7347.

4. TEXT AMENDMENT: 101 West Hastings Street (Woodward's)

THAT the application by the Director of Current Planning to amend the Downtown Official development Plan to create a new density sub-area for the Woodward's site generally as outlined in Appendix A to Policy Report " Text Amendment - Downtown Official Development Plan (101 West Hastings-Woodward's)" dated March 2, 2005 be approved.

5. REZONING: 1211 Melville Street

A. THAT the application by Hancock Brückner Eng + Wright Architects to rezone the site at 1211 Melville Street (Lots A and 4, Block 30, DL 185, Plan 92) from Downtown District to CD-1 to permit additional commercial density generally as outlined in Appendix A to Policy Report "CD-1 Rezoning of 1211 Melville Street "dated March 7, 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 Hancock Brückner Eng + Wright Architects, and stamped "Received Planning Department, October 14, 2004", provided that the Director of Planning or the Development Permit Board, as the case may be, 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 Development Permit Board, as the case may be, who shall have particular regard to, among other things, the following:

DESIGN DEVELOPMENT

(i) substantive design development to the podium to improve its overall architectural character, articulation and the clarity of its relationship with the tower, emphasizing the site's unique geometry and the detailed interface of the podium with the Public Realm along Bute and Pender Streets and at the Bute/Pender Street corner;

Note to Applicant: The creation of a bold architectural statement with a dynamic presence both day and night is sought. The Bute Street and Pender Street facades should be broken up into noticeably different massing treatments. Consideration should also be given to more variation in the individual storefront treatments, more richness of detail and colour, and the use of more decorative accent features.

(ii) design development to the residential tower entry area on Melville Street to strengthen its sense of entry and to provide additional pedestrian amenities;

Note to Applicant: Permanent seating should be provided closer to the entrance lobby. Elimination of blank walls facing the street is required. Planter wall heights at the west side of the entrance should be stepped or reduced to not exceed approximately 0.762 m (2.5 ft.).

(iii) design development to the townhouses on Melville Street to achieve a better interface with the sidewalk, improved visibility of entries, a more secure interface with the tower at the easterly end, and a more coordinated integration with the proposed adjacent townhouses at the westerly end (approved 1280 West Pender Street development site);

(iv) design development to the amenity courtyard proposed on level 3 to introduce more variety of texture and landscaping;

Note to Applicant: Consideration should be given as well to programming the space for the use of residents.

(v) design development to the Bute/Pender Street corner to achieve a stronger termination and focal point to the "Triangle West" public realm treatment;

Note to Applicant: provision of a visual point of interest at the corner by deleting the proposed corner planter and providing either a work of public art or a seating area.

(vi) design development to the Bute Street public realm treatment to provide further details of the proposed concrete planter walls and decorative lighting, to achieve a consistency of treatment with completed public realm areas on Bute Street to the south (of Georgia Street);

(vii) design development to the proposed glazed canopy system above the commercial uses on Bute Street to provide more continuous weather protection for pedestrians along the full building frontage and a minimum 2 m (6.5 ft.) projection out from the storefronts; and

(viii) design development to refine the tower mechanical screening to further sculpt and minimize its bulk and better integrate it with the tower facades;

LANDSCAPE

(ix) design development to ensure the health and longevity of the trees proposed for the townhouse patios on Melville Street by widening the planters at the points where trees are proposed;

(x) 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;

(xi) provision at the development permit stage of detailed large scale (1/4" or 1:50) architectural sections and elevations, illustrating the detailed treatment of the public realm interface (street, open space, townhouse etc.) including planter walls, stairs, gates, guardrails, landscaping, soil depth (indicating any underground structures), patios and privacy screens;

CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN (CPTED)

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

- theft in the parking areas, and
- mischief in alcoves and unwatched areas.

SUSTAINABILITY

(xiii) the applicant to work with staff to pursue sustainability measures so as to design and construct a "green building" and possibly to seek LEED certification;

ENGINEERING

(xiv) the applicant to provide a detailed analysis and loading management plan conducted by a Transportation Professional to assess the loading, access, garbage and recycling needs to ensure provision of an adequate number of loading spaces of sufficient size and with adequate manoeuvring aisles to meet the expected requirements of large scale retail tenancies.

AGREEMENTS

(c) THAT, prior to enactment of the CD-1 By-law, the registered owner shall, at no cost to the City make arrangements for the following to the satisfaction of the Director of Current Planning and General Manager of Engineering Services, on terms and conditions satisfactory to the Director of Legal Services, unless otherwise specified:

SUBDIVISION

(i) consolidation of all lots, or other arrangements;

ENGINEERING

(ii) clarification of all charges on title. A charge summary is required.

(iii) dedication of the north 7'-0" of lot A for road purposes.

(iv) dedication of a portion of the north east corner of the site for road purposes. Note to Applicant: to delete portions of the building above and below grade shown within the proposed dedication area.

(v) provision of appropriate access agreements to allow for underground parking access from this to the neighbouring site to the west.

DENSITY TRANSFER

(vi) register a section 219 covenant on the property at 1188 West Pender Street to reduce the commercial development potential on that site by 52,600 sq. ft., such covenant not to be released until such time as this site is rezoned to CD-1 to appropriately reflect its actual development potential.

B. THAT the application by the Director of Current Planning to amend Downtown Official Development Plan (By-law No. 4912), as a consequential amendment to the rezoning of the above noted site from DD to CD-1, to remove the sites from the maps in the D ODP, be approved.

C. THAT the application by Hancock Brückner Eng + Wright Architects to amend the Sign By-law No. 6510 to establish regulations for this CD-1 in accordance with Schedule B(DD) be approved.

D. THAT the Director of Legal Services be instructed to bring forward for enactment the following amendment to the Noise Control By-law at the time of enactment of the CD-1 By-law.

Amend Schedule A (activity zone) by adding the following:
"[CD-1 # ] [By-law # ] 1211 Melville Street"

6. HRA DESIGNATION & REZONING: 955-969 Burrard & 1017-1045 Nelson Streets (YMCA & First Baptist Church)

A. THAT the application by Stantec Architecture and James KM Cheng Architects to rezone the sites at 955-969 Burrard Street from Downtown District to CD-1 and the sites at 1017-1045 Nelson Street from RM-5B to CD-1 to increase maximum floor area and building height generally as outlined in Appendix A to Policy Report "Rezoning of 955 Burrard Street (Downtown YMCA) and 969 Burrard Street & 1017-1045 Nelson Street (First Baptist Church): DD (G) and RM-5B to CD-1 and Heritage Revitalization Agreement at 955 Burrard Street" dated March 3, 2005 be approved, subject to the following conditions:

A. THAT the proposed form of development be approved by Council in principle, generally as prepared by Stantec Architecture Inc. and James KM Cheng Architects, in revised plans stamped "Received Planning Department", December 4, 2003 for the First Baptist Church part of the site and January 5, 2005 for the YMCA part of the site, but not including the proposed lane treatment which is shown, 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 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

(i) design development to refine the YMCA tower floorplate sizes and shape, particularly at the lower levels, to improve the relationships with the neighbouring building;

(ii) design development to the overall YMCA tower character;

Note to Applicant: aspects to review include, among other things: the roof top mechanical, the flat west face, and sculpting of the upper floors.

(iii) design development to the overall YMCA building base;

Note to Applicant: aspects to review include, among other things: the character relationship between the heritage facades and the new building with regards to the Barclay Street elevation.

(iv) design development to the Barclay Street façade of the YMCA building;

Note to Applicant: the designated one storey brick entry pavilion on Barclay Street is to be retained. It must be either retained in site or relocated to an adjacent area and designed into a logical and useful function for the building.

(v) design development to building character of the FBC (First Baptist Church) tower;

Note to Applicant: aspects to review include, among other things; the mechanical penthouse appearance.

(vi) design development to the building character of the FBC street-facing and lane-facing townhouses;

(vii) design development to the character of the FBC ancillary building;

(viii) design development to the FBC landscape areas that face the street and link through to the lane;

(ix) consideration of design development to the lane between the FBC and the YMCA to enhance the landscape features and accommodate both pedestrian and vehicular movement, subject to (xv) below;

Note to Applicant: aspects to review include, among other things, the full length of the lane from Burrard to Thurlow Streets.

Child Day Care Facility

(x) design a licensed 69-space childcare centre, including a family and child development centre, on the 5th and 6th floors of the new YMCA facility, in accordance with the Community Care Facilities requirements and the City's Child Care Design Guidelines (1993) and to the satisfaction of the Director of Social Planning, Facilities Development, and Community Care Facilities Licensing;

Note to Applicant: a shortfall in outdoor play space can be resolved if the preschool program (20 spaces) is relocated from the 6th to the 5th floor where the child development/family centre is presently proposed. The terrace could be designed for use as outdoor space and the footprint of the 6th floor would lend itself to a better interior/exterior design for the infant/toddler and 3-5 program.

Landscape

(xi) provide a legal survey illustrating the following information:

· existing trees 20-cm caliper or greater on the development site; and
· the public realm (property line to curb and including the lane), including existing street trees, street utilities such as lamp posts, fire hydrants, etc. adjacent to the development site;

(xii) provide a Certified Arborist assessment of all existing trees 20-cm caliper or greater located on the development site;

(xiii) all existing trees 20-cm caliper or greater (whether proposed to be removed or retained) must be illustrated (with corresponding notations) on the Landscape Plan;

(xiv) provide new street trees along the frontages of the entire site, including a complete street tree colonnade on Burrard Street. At development application stage new street trees should be noted "Final species, quantity and spacing to the approval of City Engineer and Park Board";

City Lane

(xv) non-standard (special) treatments of the lane surface, installation of trees or lane designs that differ from the City norms, shall first, prior-to inclusion in any development permit application, require an application to the City Engineer. The City Engineer, shall review any such request, giving regard to the anticipated developments, impacts on infrastructure, including increased future maintenance costs, all in consultation with the Director of Planning;

Sustainability

(xvi) the applicant to work with staff to pursue sustainability measures so as to design and construct "green buildings" and to seek the LEED certification;

Crime Prevention Through Environmental Design (CPTED)

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

· theft in the underground parking areas,
· providing full secure separation for residential uses and parking,
· residential break and enter,
· mischief such as graffiti and alcove areas, and
· increasing the defensibility of the ground level pathway.

AGREEMENTS

C. THAT, prior to enactment of the CD-1 By-law, at no cost to the City, the registered owners shall make arrangements for the following, on terms and conditions satisfactory to the Director of Legal Services:

HERITAGE

(i) the owner of the "B" listed Heritage Register building at 955 Burrard Street shall enter into a Section 219 covenant requiring that the owner enter into the Heritage Revitalization Agreement and associated agreement outlined below prior to issuance of the development permit for the 955 Burrard Street project;

(ii) the owner of the "B" listed Heritage Register building at 955 Burrard Street shall agree to the City designating the Burrard and Barclay Street masonry facades including the one-storey masonry doorway on Barclay and the building itself to a depth of 30 ft (9.14 m) measured from Burrard Street, under Schedule "B" of the Heritage By-law, without further compensation;

(iii) the owner of the municipally-designated "A" Heritage Register building at 969 Burrard Street shall agree to the City designating the Sanctuary and the Narthex of the interior of the building, as documented in a photometric record, under Schedule "B" of the Heritage By-law, without further compensation other than may be provided in a future Heritage Revitalization Agreement referred to in Recommendation F concerning seismic upgrading and interior restoration;

HOUSING

(iv) the owner of the municipally-designated "A" Heritage Register building at 969 Burrard Street and the properties at 1017 to 1045 Nelson Street shall grant the City a Section 219 covenant satisfactory to the Directors of the Housing Centre and Legal Services to require that:

a) the redevelopment of the site shall include approximately 1 858 m² (20,000 sq. ft.) gross floor area of replacement rental housing;

b) the number of dwelling units comprising the replacement rental housing and their size, design, rents, degree of affordability and tenant selection criteria shall be as required by the Directors of the Housing Centre and Facilities Design and Management, and shall take into consideration housing need and the economic viability of the redevelopment;

c) the occupant eligibility and monthly rentals for the replacement rental housing and other terms and conditions therefore shall be set out in a housing agreement between the Owner and the City to be made pursuant to section 565.2 of the Vancouver Charter. The housing agreement to be presented to City Council for its approval shall be to the satisfaction of the Directors of the Housing Centre and Legal Services. Prior to issuance of the development permit for the new tower, the housing agreement shall be registered in the Land Title Office with priority over all charges which could defeat or delay its enforcement;

d) this housing shall not be subdivided by strata plan and that the development, building and occupancy permits for the new residential tower shall not be issued ahead of those permits for the replacement rental housing; and

e) a relocation plan for all tenants (defined as any tenant who occupies a residential unit minimally on a month-to-month basis) be prepared, which will record the names of all tenants, a notification plan for advising tenants on the timing of redevelopment and displacement, and a proposal for relocation of all tenants. The plan should include assistance to tenants in finding alternative accommodation and may include offers of financial assistance with relocation costs. All tenants of all existing residential buildings who occupy residential units on a minimum month-to-month tenancy will be informed of the timing for redevelopment, and given adequate notice as required under City by laws and the Residential Tenancy Act.

CHILDCARE

(v) the owner of the property at 955 Burrard Street (YMCA) shall provide a fully fitted up, furnished and equipped, full-age range childcare facility comprising:

(i) 49 spaces for infants and toddlers and 3 to 5 year olds on the 6th floor with indoor area of 611 m2 (6,577 sq. ft.) and outdoor area of 561 m2 (6,035 sq. ft.);
(ii) 20 spaces for pre-schoolers on the 5th floor with indoor area of 153 m2 (1,651 sq. ft.) and outdoor area of 140 m2 (1,507 sq. ft.); and
(iii) a Family & Child Development Centre on the 5th floor with indoor area of 511 m2 (5,500 sq. ft.).

(Note: Floor area for indoor space excludes additional circulation space required to accommodate the elevator, elevator lobbies and emergency exit stairwells, and the outdoor space will be immediately adjacent, fenced and equipped outdoor play space which includes landscaping and grassed areas.)

Both the indoor and outdoor space of the 69-space childcare facility must meet all community care facilities licensing and Childcare Design Guideline requirements and be satisfactory to the Director of Social Planning and Director of Facilities Design and Management. The owner shall bear all start-up costs.

The operator of the 69-space childcare space will deliver quality licensed early childhood services to the broader community at a cost that does not exceed the city average of City-owned facilities on the downtown peninsula.

The indoor childcare space shall be leased to the City, and with ancillary agreements, where necessary, all satisfactory to the Director of Legal Services at nominal rent and with arrangements, terms and conditions satisfactory to the City Manager, in consultation with the Directors of Social Planning and Legal Services, to, in effect, be for the "life of the building", and, if after the "life of the building" the childcare space is not satisfactorily included in a new building (or Council does not relieve the landowner of that obligation through rezoning), then the new building will be built of a size foregoing the bonussed density now allocated to enable the childcare space, and similarly the outdoor play yard (unless the Director of Legal Services determines that the City should hold it under easement). The childcare space shall bear its own utility costs but it shall not contribute to building operating costs or taxes. The lease shall include at no additional cost the unrestricted use of a number and location of parking spaces as determined by the Development Permit Board. The lease shall be secured by an option to lease. The owner shall have the right to sublease the childcare space from the City on the same terms and conditions as the lease. This right shall be secured by an option to sublease. These agreements shall be to the satisfaction of the Directors of Social Planning and Legal Services;

ENGINEERING

(vi) arrangements are to be made to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services for:

a) clarification of charges shown on title (charge summary should be provided) and, if necessary, modification, release, extension or replacement of such charges;
b) consolidation of the lands (3 legal lots) fronting Barclay Street and the lands (9 legal lots) fronting Nelson Street into single parcels will be required prior to issuance of any new development permit for either site;
c) upgrading of the sewer (storm and sanitary) system and water system to meet the demands of this development;

Note to Applicant: The application lacks the detail necessary to determine the extent of upgrading that may be necessary. Further review is required.

d) undergrounding of all new BC Hydro and Telus services to this site from the closest existing suitable service point, including a review of any cabling that may be required to determine impacts on the neighbourhood;
e) provision of a construction management plan, prior-to the issuance of any building permit to construct all or a portion of this development; and
f) clarification of and arrangements for any existing or proposed building encroachments.

SOILS (VANCOUVER CHARTER)

(vii) the property owners 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.

D. THAT, after enactment of the CD-1 By-law and before the earlier of December 6, 2005 or issuance of the development permit, at no cost to the City the registered owner of the "B" listed Heritage Register building at 955 Burrard Street shall:

(i) enter into a Heritage Revitalization Agreement with the City, to:

(a) secure the rehabilitation, protection and on-going maintenance and replication of the Burrard and Barclay Street masonry facades including the one-storey masonry doorway on Barclay and the building itself to a depth of 30 ft. (9.14 m) measured from Burrard Street; and
(b) award bonus density of 89,260 sq. ft. for transfer off-site; and

(ii) enter into an associated agreement with the City to secure the timely rehabilitation of the protected heritage facades at 955 Burrard Street, prior to transferring any heritage bonus density off-site, unless the owners secure such rehabilitation work under separate agreement to the satisfaction of the Director of Legal Services, and that the agreements be given priority over all other charges on title, except those already held by the City.

B. THAT the application by the Director of Current Planning to amend Downtown Official Development Plan (By-law No. 4912), as a consequential amendment to the rezoning of the above noted sites from DD to CD-1, to remove the sites from the maps in the D ODP, be approved.

C. THAT the application by Stantec Architecture and James KM Cheng Architects to amend the Sign By-law No. 6510 to establish regulations for this CD-1 in accordance with Schedule B(DD) be approved.

D. THAT the Director of Legal Services be instructed to bring forward for enactment the following amendment to the Noise Control By-law at the time of enactment of the CD-1 By-law.

Amend Schedule A (activity zone) by adding the following:
"[CD-1 # ] [By-law # ] 955-969 Burrard Street

E. THAT Council designate as municipally-protected heritage property the Burrard and Barclay masonry facades and the building itself to a depth of 9.14 m measured from Burrard Street for the "B" Heritage Register building at 955 Burrard Street.

F. THAT Council designate as municipally-protected heritage property under Schedule "B" of the Heritage By-law the Sanctuary and Narthex of the interior of the municipally-designated "A" Heritage Register building at 969 Burrard Street.

G. THAT Council authorize the Heritage Revitalization Agreement and accompanying by-laws for 955 Burrard Street to:

(i) secure the rehabilitation, protection and on-going maintenance of the Burrard and Barclay Street masonry facades including the one-storey masonry doorway on Barclay and the building itself to a depth of 30 ft. (9.14 m) measured at Burrard; and
(ii) award bonus density for transfer off-site, to an amount of 8 292 m² (89,260 sq. ft.).

[NOTE: The accompanying by-law is not to be enacted until after enactment of the CD-1 By-law detailed in Recommendation A and before December 6, 2005.]

BY-LAW

MOVED by Councillor Ladner
SECONDED by Councillor Stevenson

THAT Council enact the by-law before it for this meeting numbered 1, and authorize the Mayor and City Clerk to sign and seal the enacted by-law.

CARRIED UNANIMOUSLY

1. A By-law to amend Downtown District Official Development Plan By-law No. 4912 (By-law No. 9027)

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