NOTICE OF MEETING
PUBLIC HEARING
AGENDA
DATE:
Tuesday, June 14, 2005
Reconvened: Monday, June 20, 2005
Reconvened: Tuesday, June 21, 2005
TIME:
7:30 p.m.
PLACE:
Council Chamber
Third Floor, City Hall
• A complete video stream of the meeting will be available the day following the meeting.
• If you wish to speak at the Public Hearing, please contact the Meeting Coordinator to register, or you can register on the evening of the Hearing, at7:00 p.m.
• Agendas and reports are available on the City of Vancouver web site at http://www.vancouver.ca/ctyclerk/councilmeetings/meeting_schedule.cfm approximately one week before the meeting date.
• Minutes from the meeting. These Minutes will be adopted at the Regular Council meeting on June 28, 2005.
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NOTE FROM MEETING COORDINATOR: Council has concluded the Public Hearing on both the Canadian Tire and Wal-Mart applications. The staff summations as well as Council's discussion and decision on both applications has been referred to the Regular Council meeting to be held on June 28, 2005, at 2:00 p.m. in the Council Chamber.
For information, please call Laura Kazakoff , Meeting Coordinator at 604.871.6353, e‑mail laura.kazakoff@vancouver.ca
Video clip of Mayor's opening comments (June 14) and Roll Call
ROLL CALL
COMMITTEE OF THE WHOLE
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1. Rezoning and Heritage Designation: 26 SW Marine Drive (Canadian Tire) Video Clip of this item
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The attached Policy Report dated March 31, 2005, refers.
The following attached Memorandums also refer:
Memorandum dated June 10, 2005, from Pat Wotherspoon, Assistant Director of City Plans;
Memorandum dated June 14, 2005, from Lynda Challis, Rezoning Planner;
Memorandum dated June 14, 2005, from Tom Timm, General Manager of Engineering Services.
Summary:
The proposed rezoning would permit highway oriented retail uses on the site. In addition, there is a heritage designation and consequential amendments to the Zoning and Development By-law and the Sign By-law.
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Applicant: Kasian Architecture, Interior Design and Planning
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Recommended Approval: By the Director of Current Planning, subject to conditions:
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A. THAT the application by Kasian Architecture, Interior Design and Planning to rezone 26 SW Marine Drive (Lot A, Except Part in Reference Plan 6793, North Part of Block 11, District Lot 322, Plan 8878, N.W.D.) from I-2 Industrial District and RS-1 One-family Dwelling District to CD-1 Comprehensive Development District to permit highway oriented retail development, generally as outlined in Appendix C to the City Manager's report entitled "CD-1 Rezoning - 26 SW Marine Drive (Canadian Tire)" dated March 31, 2005 be approved, subject to the following conditions:
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(a) That the proposed form of development be approved by Council in principle, generally as prepared by Kasian Architecture, Interior Design and Planning, and stamped "Received City Planning Department", January 24, 2005, 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.
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(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
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(i) design development to clearly distinguish new development from the rehabilitated heritage building;
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Note to applicant: This can be achieved by creating a contrast between new and old through the use of contempory building systems that express the prevailing industrial context. Overall massing and detailed aspects of exterior walls/fenestration should be derived, yet, distinguished, from the existing building's architectural qualities with respect to form, scale, horizontal proportioning and detailing.
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(ii) design development to reduce the overall scale impacts of the proposed development;
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Note to applicant: This can be achieved by reducing height and a greater emphasis on horizontal proportioning. Further design development to architectural expression to reduce the extent of blank wall and achieve a simpler, lighter industrial character is also required. Opportunities to maximize clerestory glazing should be pursued.
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(iii) design development to more clearly announce building entries and related on-site circulation systems;
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Note to applicant: A greater reliance on good design, and less reliance on wayfinding systems, is required.
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(iv) design development to achieve a more streetwall like character for the Ontario Street frontage while managing the scale of the overall development;
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Note to applicant: A development strategy that maximizes and expresses active uses, reveals pedestrian/patron movement through maximum clear glazing and de-emphasizes automobile parking and access is required. Confirmation of outdoor display expectations, and related design considerations is required.
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(v) provision of a conceptual signage package that confirms signage types and locations in compliance with the Vancouver Sign By-law;
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Note to applicant: The signage concept should be developed for site, building and tenancy considerations and should be expressed in a simple, understated manner. The signage concept should enhance the heritage setting on the northerly portion of the site while acknowledging the importance of the Ontario Street corridor for pedestrians, cyclists as well as visitors by automobile. Minimal reliance on wayfinding systems is required.
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(vi) provision of a conceptual lighting package that confirms lighting types and locations;
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Note to applicant: The lighting concept should be developed for site, building and tenancy considerations and should be expressed in a simple, understated manner. The lighting concept should enhance the heritage setting on the northerly portion of the site through special lighting of the heritage building, while acknowledging the importance of the Ontario Street corridor for pedestrians, cyclists as well as visitors by automobile.
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(vii) design development to properly screen loading activities and utility functions;
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Note to applicant: The architectural strategy for screening should be integral to the overall building expression and quality.
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(viii) confirmation of proposed materials, including glazing and screening systems, to ensure a high quality built form response in an industrial context;
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(ix) design development to confirm the location and design of weather protection systems to ensure functionality and visual quality in an industrial context;
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(x) design development to the open front lawn along marine drive to provide for a comprehensive landscape plan that incorporates the bio-filtration system, bikeway along Ontario, signage (if proposed in this area) and the remaining portions of the open lawn.
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Note to Applicant: The open lawn area can be redesigned; however it should support the historic use of this space as a framing element for the historic façade.
.GREENWAYS/BIKEWAYS
(xi) reconfiguration of the plaza to intersect with the sidewalk and pond;
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(xii) design development to include changes and improvements consistent with City greenway/bikeway standards and acceptable to the Director of Planning, in consultation with the General Manager of Engineering Services;
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SUSTAINABILITY
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(xiii) design development to take into consideration environmental and sustainable objectives as outlined in the HOR policy, as well as sustainability and greenhouse gas reduction objectives as identified in current civic policy:
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(xiv) design development to include and/or consider:
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(a) for building systems:
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(1) pursue energy performance standards that exceed existing city baseline of ASHRAE 90.1 2001 to ensure significant energy use reduction;
(2) ensure that building orientation and exposure of facades maximises solar exposure and natural ventilation opportunities;
(3) achieve reduced greenhouse gas (GHG) emissions through improved building systems; and
(4) maximise daylight and views for interior space through the use of clerestory windows, skylights, etc.
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(b) for whole site systems:
(1) implement an extensive green roof strategy for as much of the non-parking roof surface as possible to achieve an increase in site habitat value, and assist in stormwater management and energy efficiency; where extensive green roofs are not possible, use high reflective roofing materials to reduce heat island;
(2) minimize the amount of stormwater leaving the site, and maximize amount of water treated in the bio-filtration pond; ensure that stormwater management system is designed to significantly reduce peak flows; and
(3) explore opportunities for management of site water into landscape elements such as swales, ponds, or vegetative buffers.
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(c) for potable water management:
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(1) explore planting opportunities that encourage hardy, robust local species and reduce reliance on irrigation systems; if irrigation systems are necessary, use only drip irrigation systems or systems using recycled site stormwater ; and
(2) select only ultra-low-flow fixtures, dual flush toilets and preferably waterless urinals; explore opportunities to redirect reclaimed and bio-filtered water.
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(d) for building materials management:
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(1) ensure a minimum diversion of 50% of construction waste materials, with a goal of 80% or better;
(2) wherever possible, choose construction and finishing materials which have recycled or reclaimed content, are locally processed, or rapidly renewable; and
(3) maximize use of finishing materials that are low in Volatile Organic Chemicals ( VOC's ), contain no added urea formaldehyde resins and meet the maximum "green" environmental standards.
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CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN (CPTED)
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(xv) design development to take into consideration the principles of CPTED (Crime Prevention Through Environmental Design) having particular regard for reducing opportunities for graffiti on exposed party walls on the internal property line; and
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(xvi) provision of a comprehensive security report by a licensed security professional for securing or patrolling parking areas for both business and non-business hours.
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AGREEMENTS
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(c) That, prior to enactment of the CD-1 By-law, the registered owner shall, at no cost to the City:
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ENGINEERING
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(i) make suitable arrangements, to the satisfaction of the General Manager of Engineering Services, for:
(a) provision of independent public utility services (Hydro, Telus , Cable) with all services to be underground from the closest existing suitable service point. All services and in particular electrical transformers to accommodate a primary service must be located on private property. The development site is not to rely on secondary voltage from the existing overhead network. Any alterations to the existing underground/ overhead utility network to accommodate the development will require review and approval by the Utilities Management Branch. Early contact with the Utilities Management Branch is encouraged; and
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(b) confirmation that the hydro pole and guy wires located at the westerly end of the site on 69 th Avenue can be relocated or removed to allow for the proposed driveways is required. Written confirmation from BC Hydro and confirmation from the City's Utilities Management Branch is required.
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(ii) make arrangements to the satisfaction of the General Manager of Engineering Services and Director of Legal Services for:
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(a) clarification of all non-financial charges on title. Provision of a charge summary clearly indicating the impact of the charge on the development proposal is required;
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(b) dedication of a 1.3 m by 1.5 m corner cut off the northeast corner of the site for road purposes;
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(c) provision of a right of way to allow public access and use of the "bike plaza";
(d) upgrading of the storm and sanitary mains to provide adequate service to the site;
(e) upgrading of the City water mains to provide adequate water service for the site;
Note to applicant: The current application does not provide enough detail to determine the extent of water system upgrading. Fire flow demand details are required to determine specifics of system upgrading.
(f) provision of traffic calming measures, temporary and/or permanent, as may be required within 2 years of final occupancy to protect against shortcutting on 64th Avenue west of Main Street, 100% funded by the applicant. Subject to City Council approval;
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(g) provision of a raised median/left turn bay to serve westbound Marine Drive vehicles turning south onto Ontario Street (up to 100% funded by the applicant, with latecomer provisions allowing a potential reduction of this share to a minimum of 50%);
(h) improvements to the west leg of the Marine Drive/Main Street intersection, including related signalization changes, to serve increased vehicle volumes (either a lengthening of the left turn bay or addition of a second eastbound left turn lane on Marine Drive is expected), 50% funded by the applicant;
( i ) provision of an upgraded traffic/pedestrian/cyclist signal (semi-actuated) at Marine and Ontario, 100% funded by the applicant;
Note to applicant:
The improvements to the Marine and Main intersection, raised median on Marine Drive and signal at Ontario and Marine Drive (items (f), (g), (h), and ( i ) above) shall endure at the option of the General Manager of Engineering Services, subject to approval by City Council, until 10 years are elapsed from the date of final occupancy of the site;.
(j) provision of a Transportation Demand Management Plan to encourage among employees and customers travel by means other than the private automobile, and particularly the single-occupant private automobile;
(k) improvements to Ontario Street from Marine Drive to 69th Avenue, in conformance with Greenways/Bikeways standards and are to include the following:
• ● provision of 6' wide broomed finished sidewalk with sawcut expansion joints on the west side of Ontario Street adjacent the site,
• ● provision of additional and upgraded "Greenways" lamp standards on Ontario Street adjacent the site, and
• ● provision of street trees on Ontario Street adjacent the site where space permits;
(l) provision of curb and gutter and pavement to centerline on 69 th Avenue adjacent the site;
(m) provision of 5' wide broomed finished concrete sidewalk on 69 th Avenue adjacent the site;
(n) provision of street trees on 69 th Avenue adjacent the site where space permits; and
(o) provision of infill street trees on Marine Drive adjacent the site, where space permits.
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HERITAGE
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(iii) execute an agreement satisfactory to the Director of Legal Services and the Director of Planning, to protect the historic façade from vandalism during the construction process and complete the conservation work to the heritage façade and the open lawn on Marine Drive, in a timely manner.
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PUBLIC ART
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(iv) execute an agreement satisfactory to the Director of Cultural Affairs and the Director of Legal Services for the provision of public art in accordance with the City's Public Art Policy, such agreement to provide for security in a form and amount satisfactory to the aforesaid officials; and provide a preliminary public art plan to the satisfaction of the Director of Cultural Affairs;
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Note to applicant: The "Public Art Policy and Guidelines" set out all Public Art Program requirements, including details of the preliminary public art plan referred to above. To discuss your application or any questions on the Guidelines, please call Bryan Newson , program manager, at 604-871-6002.
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SOILS
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(v) obtain and submit to the City copies of all soils studies and the consequential Remediation Plan, approved by the Ministry of Environment. Enter into or cause to be entered into agreements satisfactory to the Director of Legal Services, providing for the remediation of any contaminated soils on the site in accordance with a Remediation Plan approved by the Ministry of Environment and acceptable to the City, providing security satisfactory to the Director of Legal Services for the completion of remediation and indemnifying the City and the Approving Officer against any liability or costs which may be incurred as a result of the presence of contaminated soils on the site; and
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(vi) 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 and Approving Officer from all liability or damages arising out of or related to the presence of contaminated soils on the lands comprising the subject site, howsoever occurring, arising during the period commencing immediately following the Public Hearing until such time as the Ministry of Environment issues an approval, in a form satisfactory to the Director of Legal Services and the General Manager of Engineering Services, certifying that the subject site, including all roads, utility corridors and open spaces contained therein, have been remediated to Provincial Standards as defined in such approval.
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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.
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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.
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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.
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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.
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B. THAT the application by the Director of Current Planning to amend Schedule C of the Zoning and Development By-law No. 3575 to establish a landscape setback for the site be approved.
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C. THAT the Sign By-law be amended to establish regulations for this CD-1 in accordance with Schedule "B" (M-2) be approved.
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D. THAT Council add the building at 26 SW Marine Drive to the Vancouver Heritage Register in the "A" category;
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E. THAT Council authorize a Heritage Designation By-law for 26 SW Marine Drive to:
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(i) designate as municipally protected heritage property the front masonry façade of the historic Chrysler Building at 26 SW Marine Drive for the full width of the building and the corresponding masonry façade along Ontario Street for a length of approximately 11.4 m (37.4 ft.);
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(ii) designate as municipally protected heritage property the open lawn in front of the historic facade for the full width along 26 SW Marine Drive and to a depth to the heritage facade.
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2. Rezoning: 86 SE Marine Drive (Wal-Mart)
Video clip of this item (June 20)
Video clip of this item (June 21)
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The attached Policy Report dated April 29, 2005, refers.
The attached Memorandum dated June 14, 2005, from Tom Timm, General Manager of Engineering Services, also refers.
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Summary:
The proposed rezoning would permit highway oriented retail uses on the site. In addition, there are consequential amendments to the Zoning and Development By-law and the Sign By-law.
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Applicant: Busby Perkins + Will
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Recommended Approval: By the Director of Planning, subject to conditions:
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A. THAT the application by Busby Perkins + Will to rezone 86 SE Marine Drive (Lots 1 & 2. North Part Block 13, DL 322, Plan 12653) from I-2 Industrial District and RS-1 One-family Dwelling District to CD-1 Comprehensive Development District to permit highway oriented retail development, generally as outlined in Appendix A to the City Manager's Policy Report entitled "CD-1 Rezoning - 86 SE Marine Drive/101 East 69th Avenue (Wal-Mart)" dated April 29, 2005 be approved, subject to the following conditions:
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(a) That the proposed form of development be approved by Council in principle, generally as prepared by Busby Perkins + Will, and stamped "Received City Planning Department", February 2, 2005 and April 5, 2005, 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.
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(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:
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DESIGN DEVELOPMENT
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(i) design development to eliminate encroachments by commercial buildings B, C, D and E into the landscape setback along Marine Drive;
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(ii) design development to emphasize pedestrian movement systems over vehicular movement systems;
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Note to applicant: This can be achieved by assessing and implementing a system of pedestrian routes with clear connectivity to on-site buildings and site edge conditions including transit stop locations. Emphasis on hard and soft landscape treatment to better announce on-site pedestrian pathways is required. Consideration should be given to a system of alternating pedestrian routes with stormwater management features, as a strategy to clearly announce path locations.
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(iii) design development to more clearly announce building entries;
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Note to applicant: A greater reliance on high quality architectural design for building features, and less reliance on wayfinding systems is required. Clear alignment where possible, and announcement of building entries with on-site pathways/access routes is required.
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(iv) design development to confirm the location and design of weather protection systems to ensure connectivity between buildings, functionality and visual quality in an industrial context;
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(v) design development to reduce the apparent scale and improve sustainability performance of the proposed parking plan;
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Note to applicant: Reduction in the amount of permeable asphalt area is required. Confirmation of the proposed large tree caliper for parking lot trees is required as a strategy to introduce significant landscape scale during the early tenure of the development. Re-configuration of the proposed parking layout to create a series of smaller scaled sub-areas that are differentiated/identified through landscape treatment, and sustainability features or movement systems is required. Tree bosques as a strategy to introduce greater landscape scale should also be considered.
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(vi) provision of a conceptual signage package that confirms signage types and locations in compliance with the Vancouver Sign By-law;
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Note to applicant: The signage concept should be developed for site, building and tenancy considerations and should be expressed in a simple, understated manner. The signage concept should acknowledge the importance of Marine Drive as a prime entry corridor with green front yard setbacks. Minimal reliance on wayfinding systems is required.
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(vii) provision of a conceptual lighting package that confirms lighting types and locations;
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Note to applicant: The lighting concept should be developed for site, building and tenancy considerations and should be expressed in a simple, understated manner. The lighting concept should enhance the sustainability features as well as pedestrian movement systems.
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(viii) design development to properly screen loading activities and utility functions;
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Note to applicant: The architectural strategy for screening should be integral to the overall building expression and quality.
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(ix) confirmation of proposed materials and detailing, including glazing and screening systems, to ensure that the proposed high quality architectural expression conveyed at rezoning is ultimately realized for both the main building and CRU buildings;
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Note to applicant: Provision of a series of design development level wall sections that adequately convey detail intent for varying building envelope locations is required.
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(x) provision of design development level of details for architectural and sustainability features, including the proposed skylight design, wind turbines and other external mechanical systems to confirm functionality and anticipated quality for both the main building and CRU buildings;
Note to Applicant: The design response should address potential impacts for neighbours generated by on-site features, including noise.
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SUSTAINABILITY
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(xi) the applicant to work with staff to pursue LEED Gold as a minimum standard, including full registration, documentation and certification of the building through the Canadian Green Building Council;
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(xii) design development to include:
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(1)consideration of a green roof strategy or an alternative strategy that assists in stormwater management, enhanced biomass and energy efficiency and improves the visual impact on the residential community to the north;
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(2) reduction of greenhouse gas (GHG) emissions through energy systems such as geothermal or limited solar and improved building systems (i.e., emphasizing natural ventilation systems) as a priority over wind energy which is not fully tested or diversely applicable in the Vancouver context;
Note to applicant: Windmills (wind turbines) are not tested technology in the Lower Mainland and there is limited application in Vancouver, due to insufficient wind speeds in much of Vancouver. Additionally, windmills present a visual quality that may not be desirable in this location. This application may have limited transference to other local projects that may follow. As such, it is preferred that the economic commitment to implementing a limited wind strategy may be better spent on other sustainable building objectives with a capital cost component and larger environmental and social gains, such as green roofs and natural ventilation.
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The visual concerns of a large reflective roof and large asphalt surfaces from the surrounding community (primarily those on the escarpment above) need to be taken into consideration. While a high reflectivity roof is a positive attribute in terms of heat island mitigation, the glare and visual quality of a large roof surface is likely undesirable from an urban design and neighbourhood scale perspective. The visual impacts of these large surfaces needs to be further addressed through alternative approaches to reducing heat island effect and providing building energy performance and daylighting goals.
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(3) selection of a varied planting design that reflects the diversity of the Fraser River Basin and favours non-sterile productive species;
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Note to applicant: The design should strive for sustainability, but should also strive to blend into the community in an organic way while respecting the local natural and built environment. As currently designed, the building is not entirely responsive to its context and several conditions reflect the need for revised planting species, enhanced ecological gestures reflecting the Fraser River ecosystem, reduced visual impact, and revised design parameters.
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(4) ensurance of the suitability of swale locations and on-going function of a bio-filtration pond;
(5) exploration of higher quality materials for parking surface permeability;
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(6) provision of priority parking for alternative fuel vehicles, car co-op vehicles, and ride-share vehicles and encouraging transit use by both employees and customers, as well as the exploration of enhanced accessibility to the future RAV station (i.e. customer shuttles);
(7) assurance that all new additional site structures and commercial units are developed to LEED standards with full certification and registration (all sites equal to or over 929 m² (10,000 sq. ft.) shall be LEED Gold and all structures and commercial units under 929 m² shall be LEED Silver;
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(8) investigation of an enhanced educational and interpretive program in a highly visible location (preferably within the store) and targeted to sustainable products and practices that can be
implemented by customers; and
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(9) engagement in partnerships with local not-for-profit organizations to develop a food picking/urban agriculture strategy for on-site plantings and to further support awareness of the educational component.
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FOOD POLICY
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(xiii) the applicant to work with the Food Policy Coordinator to identify opportunities and strategies for achieving urban agricultural objectives; and
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CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN (CPTED)
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(xiv) design development to take into consideration the principles of CPTED (Crime Prevention Through Environmental Design) having particular regard for reducing opportunities for graffiti on blank party walls of commercial buildings B and C along Marine Drive.
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AGREEMENTS
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(c) That, prior to enactment of the CD-1 By-law, the registered owner shall, at no cost to the City:
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ENGINEERING
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(i) make suitable arrangements, to the satisfaction of the General Manager of Engineering Services, for undergrounding of all new utility services from the closest existing suitable service point. All services and in particular electrical transformers to accommodate a primary service must be located on private property. The rezoning site is not to rely on secondary voltage from the existing overhead network. Any alterations to the existing underground/overhead utility network to accommodate the development will require review and approval by the Utilities Management Branch. Early contact with the Utilities Management Branch is encouraged.
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(ii) make arrangements to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services for the following:
(1) Consolidation of Lot 1 ("Lot 1") and Lot 2 both of North Part of Block 13, District Lot 322, Plan 12653 to create a single parcel (the "Consolidated Parcel");
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(2) Registration against title to the Consolidated Parcel of a statutory right of way and an option to purchase for road purposes over the west 10 Feet of Lot 1, extending from South East Marine Drive to the east-west lane, south of South East Marine Drive. The statutory right of way and option to purchase will cover an approximate 313.8 foot length adjacent to Lot 1 and Lot 2, both of Block 12, District Lot 322, Plan 10623;
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Note to applicant : The statutory right of way and option to purchase area must be free and clear of all structures and permanent features.
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(3) Registration against title to the Consolidated Parcel of a statutory right of way and option to purchase for road purposes over a portion of Lot 1, to provide adequate turning radius for trucks manoeuvring through the "L" shaped intersection of the east-west lane south of South East Marine Drive and the north-south lane east of Ontario Street. This statutory right of way and option to purchase will cover an area composed of a 10 foot x 60 foot rectangle from the north-east corner of the said "L" shaped intersection and an additional taper (triangle) of 15 feet in length, tapering to intersect with the easterly limit of the north-south lane east of Ontario Street;
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Note to applicant : The statutory right of way and option to purchase area must be free and clear of all structures and permanent features.
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(4) Release of Easement and Indemnity Agreement 168112M (pertaining to a 1953 rezoning of the lands) retaining a 90 foot wide strip (split zone) adjacent to South East Marine Drive for a limited use including landscaping, planting and maintenance of shrubs and lawn;
(5) Registration against title to the Consolidated Parcel of an agreement to provide on-site storm water management systems to control storm water flows to the City's systems;
(6) Registration against title to the Consolidated Parcel of a services agreement providing for the following, at the cost of the applicant, except as otherwise indicated;
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(A) provision of curb, gutter, sidewalk and street trees on the north half of 69 th Avenue and pavement to centre line of 69 th Avenue from Main Street to Ontario Street;
(B) provision of additional pavement on the south side of 69 th Avenue from Main Street to Ontario Street to extend the usable width of the street to City standards to accommodate trucks and passenger cars;
(C) improvements to Main Street between South East Marine Drive and 69 th Avenue, including street trees, upgrading of existing sidewalks to current standards, adjustments and repairs to curbs to accommodate upgraded sidewalks, provision of a raised median and curb adjustments to direct vehicle movements at the lane south of South East Marine Drive and Main Street;
(D) provision of a traffic signal at the Main Street and 69 th Avenue intersection including all related curb, pavement and utility adjustments necessary for the signal's installation within 10 years of occupancy of the final building on the site ;
(E) improvements to the west leg of the South East Marine Drive/Main Street intersection, including related signalization changes and median works, to serve increased traffic volumes. 100% funded by the applicant or to be shared 50/50 should the Canadian Tire rezoning proceed (work expected is an addition of a second eastbound left turn lane on South East Marine Drive);
(F) extension of the east leg of the South East Marine Drive left-turn bay (westbound approach) at Main Street;
(G) provision of a raised median / left-turn bay to serve vehicles westbound on South East Marine Drive onto Ontario Street. One hundred percent (100%) of the costs to be funded by the applicant with provision for a shared reduction to fifty percent (50%) applicant funded should the Canadian Tire rezoning proceed.
(H) upgrading of the existing traffic signal at Ontario Street and South East Marine Drive to a semi-actuated traffic signal and provision of a westbound left turn signal, 100% funded by the applicant or to be shared 75% Canadian Tire and 25% Wal-Mart should the Canadian Tire rezoning proceed; and
(I) provision of street trees on street allowance adjacent to the site where deemed appropriate by the General Manager of Engineering Services.
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(7) Provision of a Transportation Management Plan, which shall include measures to promote walking, cycling, and transit use by employees and patrons and carpooling by employees. The plan shall set targets and monitor progress in achieving mode share goals. Management of truck movements and deliver practices shall be addressed by the plan.
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(8) Registration of an agreement on title to the Consolidated Parcel providing for the implementation of the Transportation Management Plan by the owner of the Consolidated Parcel.
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FRASER STREET MITIGATION
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(iii) enter into an agreement on terms and conditions acceptable to the City Manager and the Director of Legal Services documenting the applicant's offer, and the City's acceptance of such offer, to provide funds to mitigate possible impacts of the proposed Wal-Mart development the Fraser Street Neighbourhood Shopping Area (40 th Avenue to 51 st Avenue);
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PUBLIC ART
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(iv) execute an agreement satisfactory to the Director of Cultural Affairs and the Director of Legal Services for the provision of public art in accordance with the City's Public Art Policy, such agreement to provide for security in a form and amount satisfactory to the aforesaid officials; and provide a preliminary public art plan to the satisfaction of the Director of Cultural Affairs;
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Note to applicant: The "Public Art Policy and Guidelines" set out all Public Art Program requirements, including details of the preliminary public art plan referred to above. To discuss your application or any questions on the Guidelines, please call Bryan Newson, program manager, at 604-871-6002.
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SOILS
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(v) register against title to the Consolidated Parcel a soils remediation agreement ensuring compliance by the owner of the lands (including any portions of the lands dedicated to the City and/or subject to a statutory right of way and option to purchase) with the requirements of the Provincial Environmental Management Act and accompanying contaminated site regulations, and the requirements of the City pursuant to the Vancouver Charter and applicable policies and bylaws relating to contaminated soils. The soils remediation agreement shall be on terms and conditions acceptable to the General Manager of Engineering Services and the Director of Legal Services, shall provide security for completion of remediation and shall indemnify the City against any liability or costs which may be incurred as a result of the presence of contaminated soils on the lands or migrating from the lands;
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TITLE SUMMARY
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(vi) the applicant shall submit to the satisfaction of the Director of Legal Services a title summary which includes the following:
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(1) a copy of the Land Title Office search for all lots involved in the application;
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(2) a summary prepared by a lawyer of the contents of each notation, non-financial charge, lien or interest on title containing a general description of the issues addressed by the document. The summary must also provide the lawyer's opinion as to whether the agreement or notation will impact on the application; and
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(3) a copy of any notations, non-financial charges, liens or interests which may impact on the application.
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The applicant shall modify, discharge or extend any notation, non-financial charge, lien or interest on title as required by the Director of Legal Services
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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.
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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.
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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.
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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.
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B. THAT a consequential amendment to the Sign By-law to establish regulations for the CD-1 in accordance with Schedule "B" (M-2) be approved.
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C. THAT a consequential amendment to Schedule C of the Zoning and Development By-law to establish landscape setbacks for the site be approved.
RISE FROM COMMITTEE OF THE WHOLE
ADOPT REPORT OF COMMITTEE OF THE WHOLE
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