NOTICE OF MEETING
PUBLIC HEARING
AGENDA
DATE: Thursday, June 16, 2005Reconvening: Thursday, June 30, 2005
Reconvening: Tuesday, July 12, 2005
TIME: 7:30 p.m.
PLACE: Council Chamber
Third Floor, City Hall
PLEASE NOTE:
• 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, between 7:00 and 7:30 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.NOTE FROM MEETING COORDINATOR:
On June 16, 2005, Council approved Items 1-7 (Item 7 with additional recommendations per yellow memo).
ON JUNE 30th RECONVENE DATE
Council approved Item 9 (York House School) with additional conditions.
ON JULY 12TH RECONVENE DATE
Council concluded the hearing of speakers on Item 8 (2950 Celtic Avenue). Staff summations and Council discussion and decision on the application has been referred to the Regular Council meeting on July 19th as Unfinished Business.
NOTE: Due to technical problems, some portions of the June 16th video are inaudible.(Video of June 16th portion of meeting)
(Video of June 30th portion of meeing - Conclusion of Item #9)
NOTE: Due to technical problems, the Video of the July 12th portion of the meeting in inaudible and therefore has not been posted.For information, please call Denise Salmon, Meeting Coordinator at 604.873.7269, e mail denise.salmon@vancouver.ca
ROLL CALL
COMMITTEE OF THE WHOLE
1. Heritage Designation: 2628 West 5th Avenue (Partial Video Clip Only)
The attached Administrative Report dated May 27, 2005, refers.
Summary: Heritage Revitalization Agreement and designation to allow enlargement of house.
Applicant: Jack Falk
Recommended Approval: By the Director of Current Planning
A. THAT Council authorize the City to enter into a Heritage Revitalization Agreement for the site at 2628 West 5th Avenue to secure the rehabilitation of the house known as the McKinnon House, and to vary the RT-8 District Schedule of the Zoning and Development By-law to:
• permit an increase in the allowable FSR from permitted 0.75 to 0.98;
• permit an increase in site coverage from permitted 45% to 50%;
• increase the maximum distance between the required minimum front yard and the rear of the building from permitted 50% to 50.8% of site depth; and
• address existing non-conforming minimum site area, front yard and side yards, as described in detail in this report and as indicated under Development Application DE408845.
B. THAT the house at 2628 West 5th Avenue, the McKinnon House, listed in the “C” category on the Vancouver Heritage Register, be designated as Protected Heritage Property.
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 as Protected Heritage Property.
D. THAT Council instruct the Director of Legal Services to prepare a side agreement to ensure the timely restoration of the heritage building. The nature of this agreement is to be to the satisfaction of the Director of Legal Services in consultation with the Director of Current Planning.
2. Heritage Designation: 51 West Hastings Street (Video Clip)
The attached Administrative Report dated April 23, 2005, refers.
Summary: Heritage designation for increase in residential floor area.
Applicant: David Mah, Architect
Recommended Approval: By the Director of Current Planning
A.) THAT, in respect of the building at 51 West Hastings Street and pursuant to sections 3 and 8 of Section 3 of the Downtown District Official Development Plan, Council approve:
• the substitution of 2.1 FSR of residential floor area in place of the commercial floor area (thereby increasing residential FSR from 2.7 to 4.8, and decreasing commercial FSR from 4.0 to 1.0); and
• the relaxation of the residential floor area from 5.0 to 5.8 FSR to end the non-conformity.
B.) THAT Council designate the building, listed in the “ B” category on the Vancouver Heritage Register, as Protected Heritage Property, and instruct the Director of Legal Services to bring forward for enactment a heritage designation bylaw;
C.) THAT, subject to Recommendation A, Council authorize a façade grant for a total of $50,000 – source of funding to be the facade grant funding in the 2005 Capital Budget. (Approval of this recommendation requires 8 affirmative votes);
D.) THAT Council require that an agreement be registered to secure the timely rehabilitation of the façade and its upkeep for the life of the building;
E.) THAT, subject to all 50 rooms remaining designated under the Single Room Accommodation By-law after the Agreement expires, Council approve the SRA Demolition Permit to demolish six designated rooms on condition that the owner enter into a Housing Agreement with the City to the satisfaction of the Director of Legal Services for the site containing the following:
• All 50 rooms to be rented on a monthly basis and be used for permanent residents only;
• Period of the Housing agreement to be six years; and
• Rental rates for the 20 rooms (13.94 m² [150 sq ft]) looking out into the new internal light well to be limited to 110% of the shelter component of income assistance ($347) with any rent increase tied to an increase in the shelter component of income assistance. Rent rolls to be provided to the City on an annual basis.
AND THAT when the Housing Agreement is settled, the Director of Legal Services bring it back to Council together with an authorizing bylaw for approval and enactment.
3. Text Amendment: Administrative CD-1 Amendments (Video Clip)
The attached Policy Report dated April 21, 2005, refers.
Summary: To amend the height calculation reference point for air-supported structures in the CD-1 By-law for 3837 Point Grey Road (Jericho Tennis Club) and the site area referenced in the CD-1 By-law for 2669-2675 Vanness Avenue.
Applicant: By the Director of Current Planning
Recommended Approval: By the Director of Current Planning
THAT the application by the Director of Current Planning to amend CD-1 By-law No. 8893 for 3837 Point Grey Road and CD-1 By-law No. 7835 for 2669-2675 Vanness Avenue to correct errors generally in accordance with Appendix A of the City Manager’s report entitled “Administrative CD-1 Text Amendments for 3837 Point Grey Road and 2669-2675 Vanness Avenue” dated April 21, 2005 be approved.
4. Text Amendment: Secondary Suites (Video Clip)
The attached Administrative Report dated April 12, 2005, refers.
Summary: To amend the Zoning and Development By-law to further facilitate the legalization of secondary suites. There are also consequential amendments to the Zoning and Development Fee By-law, the Parking By-law and the Building By-law.
Applicant: Director of City Plans
Recommended Approval: By the Director of the Housing Centre in consultation with the Directors of City Plans, Development Services and Legal Services and the Chief Building Official.
THAT the application by the Director of City Plans to amend Zoning and Development By-law No. 3575 to further facilitate legalization of secondary suites, generally as outlined in Appendix A to the City Manager’s report entitled “Secondary suites: Various Amendments to the Zoning and Development By-law, Building, Parking and Zoning and Development Fee By-law" dated April 12, 2005, be approved.
5. Rezoning: 1752-1760 West 3rd Avenue (Video Clip)
The attached Policy Report dated April 25, 2005, refers.
Summary: To rezone the site to permit a 3-storey mixed-use building, including consequential amendments to the Sign and Noise Control By-laws.
Applicant: GBL Architects
Recommended Approval: By the Director of Current Planning, subject to conditions
A. THAT the application by GBL Architects to rezone 1752-1760 West 3rd Avenue (Lots 6, 7 and A, Block 238, DL 526, Plan 590) from IC-1 to CD-1, to permit a 3-storey mixed-use building, generally as outlined in Appendix A to the City Manager’s report entitled “CD-1 Rezoning: 1752-1760 West 3rd Avenue’ dated April 25, 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 GBL Architects and stamped “Received City Planning Department, November 5, 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 increase the sunlight access to the courtyard by providing 30 ft. clear between the front and back of the second floor units and consideration to lower the party walls at each end of the courtyard;
(ii) design development to provide a more distinctive residential entrance at the street and to provide natural light from the courtyard to extend into the lobby through a skylight;
(iii) clarify material treatments for the frame element shown on the 3rd Avenue façade;
Note to Applicant: A high quality material such as architectural concrete or metal is preferred.
CPTED (Crime Prevention Through Environmental Design):
(iv) design development to take into consideration the principles of CPTED having particular regard to reduce opportunities for theft in the residential parking by providing a solid wall to separate residential and commercial users;
Landscape:
(v) provide one new street tree along West 3rd Avenue in order to fill gaps in existing street tree colonnade. Final species, quantity and spacing to the approval of City Engineer and Park Board;
Note to Applicant: 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;
(vi) design development to provide more substantial roof top planting on the 2nd floor roof deck (incorporating larger planters and small trees);
(vii) provide privacy screen separation between units on the 2nd floor roof deck;
Engineering:
(viii) The loading bay should be redesigned to be at the lane with the garbage storage nearby.
(ix) There should be fully separated garbage storage for each use and additional space for recycling needs. Clarification of the pick up operation will be required.
(x) The required manoeuvring aisle of 6.6m (21’-8”) adjacent parking stalls is required.
(xi) Additional width is required for some parking stalls (2, 3, 21 and 22).
AGREEMENTS:
(c) That prior to enactment of the CD-1 By-law, the registered owner shall, at no cost to the City:
Engineering Services:
(i) Make arrangements to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services for:
(1) Consolidation of lots 6, 7 and A / block 238 / D.L. 526 / plan 590. (Note: the application and plans refer to the incorrect lot numbers).
(2) Dedication of the south 2’-0” of lots 6 and 7 for road purposes.
(3) Clarification of the charge on title. A charge summary or copy of the charge is required.
(4) 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 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.
B. THAT the application to amend the Sign By-law to establish regulations for the CD-1 in accordance with Schedule “B”(IC-1) be approved.
C. THAT, subject to approval of the rezoning at Public Hearing, the Noise Control By-law be amended at time of enactment to include this CD-1 in Schedule A.
6. Rezoning: 5541 Willow Street (Video Clip)
The attached Policy Report dated April 21, 2005, refers.
Summary: To rezone the site to permit 35 two-and-a-half and three-and-a-half storey townhouses, including a consequential amendment to the Noise Control By-law.
Applicant: Mosaic Homes
Recommended Approval: By the Director of Current Planning, subject to conditions
A. THAT the application by Mosaic Homes to rezone 5541-5675 Willow Street (Lots 8-123, Block 867, DL 526, Plan 8454), to permit 35 two-and-a-half and three-and-a-half storey townhouses, generally as outlined in Appendix A to the City Manager’s report entitled “CD-1 Rezoning - 5541-5675 Willow Street’ dated April 21, 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 Stuart Howard Architects Inc., and stamped “Received by the 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.
(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, among other things, the following:
Design Development:
(i) Design development to reduce the floor area to comply with the maximum 1.00 FSR.
(ii) Design development to comply with the revised north side-yard setback of 3.05 m (10 ft.).
(iii) Design development to the building massing and height, south elevation.
Note to Applicant: Reduce height of southeast unit to 2½ storeys as seen from Willow Street. Building massing to be more compatible with the east and west facing units. Consider reorientation of buildings to the courtyard, and reconfiguring the parking ramp as necessary to reduce visual impact where possible.
(iv) Design development to the pedestrian entrances to the courtyard.
Note to Applicant: Entrances should appear more inviting from the street. One or two entrances should be given a greater emphasis and appear as the main entry point to the courtyard. Consider enlarging some of the pedestrian connections to achieve this. Entrances should allow for greater transparency into the courtyard, considering vistas and how the courtyard space is framed by the Willow Street elevations.
(v) Design development to the courtyard space.
Note to Applicant: Enrichment and detail development is required, both in terms of soft and hard landscaping. Consider how to transform the courtyard into a meaningful garden experience.
(vi) Design development to the building elevations along the lanes and related public realm.
Note to Applicant: Consider how the interface between the building and the lane may contribute and enhance the public realm. Avoid continuous garage doors and blank walls where possible, adding elements such as doors, gates, bay windows, balconies, decks etc, as may be appropriate.
CPTED (Crime Prevention through Environmental Design):
(vii) design development to take into consideration the principles of CPTED having particular regard for reducing opportunities for:
– theft in the underground
– break and enter, and
- mischief and vandalism, such as graffiti.
Note to applicant: Emergency exit stairs from the underground parking should be enclosed to deter break and enter.
Landscape:
(viii) design development to match the townhouse front yards facing Willow Street to the existing open format of the other residential lots on Willow Street. This will involve deleting the proposed front-yard hedging and relocating the proposed front-yard tree out of the city inside boulevard and into private property. A substantial foundation planting of mixed shrubs and groundcover should be provided.
(ix) design development to the two lane elevations to provide 8" raised curbs for the grade-level planting areas in order to protect them from vehicles parking in the planting beds.
(x) design development to the lane treatment to provide a more residential look through the addition of detailing, such as individual raised planters for the trees proposed between the garage, and special paving between the property line and the garages.
(xi) provision of additional security in the form of fencing between the two sets of garages and the parking ramp facing the south lane.
Note to applicant: To ensure that the areas between these buildings are easy to maintain and safe, the plants should be low shrubs or groundcover, not hedging.
(xii) provision of screening, between the private side yard of Unit 35 and the rear yard to the north, in the form of fencing or hedging.
(xiii) provision of 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), including existing street trees and street utilities, such as lamp posts, fire hydrants, etc. adjacent to the development site.
(xiv) provision of a full Landscape Plan at the time of full Development Permit application (in the front, side and rear yards) illustrating:
(xv) proposed plant materials (common and botanical names), sizes and quantities; notation of existing trees and major plants to be retained; paving, walls, fences, light fixtures and other landscape elements; and site grading. Proposed plant material should be clearly illustrated on the Landscape Plan. The landscape plan should be at a minimum scale of 1:100 (1/8" = 1'-0").
AGREEMENTS
(b) That, prior to enactment of the CD-1 By-law, the registered owner shall, at no cost to the City:
(i) Consolidate Lots 8 to 13, Block 867, District Lot 526, Plan 8454;
(ii) Make arrangements to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services for the following:
(1) Relocation of the sewer line that passes through Lot 9 to the northern edge of Lot 8 and the provision of a 3.05 m (10-ft.) wide Statutory Right of Way to contain the sewer line. All permanent structures above and below grade and proposed trees must be removed from within the right-of-way area.
(2) Arrangements for future use of the right-of-way area as a public, pedestrian walkway through the site, should opportunities to connect to the west of the site arise.
(3) Provision of street trees adjacent the site where space permits.
(4) 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 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.
B. THAT, subject to approval of the rezoning at Public Hearing, the Noise Control By-law be amended at time of enactment to include this CD-1 in Schedule A.
7. Rezoning & HRA: 826-848 Wst Hastings Street (Video Clip)
The attached Policy Report dated April 25, 2005, refers.
The attached memorandum dated June 15, 2005, from the Director of current Planning also refers.
Summary: To rezone the site to permit a 37-storey mixed-use building and restore and designate certain heritage resources. Heritage designations, Heritage Revitalization Agreements and consequential amendments to the Sign and Noise Control By-laws are also required.
Applicant: Brook Development Planning on behalf of Jameson Development Corp.
Recommended Approval: By the Director of Current Planning, subject to conditions
A. THAT the application by Brook Development Planning on behalf of Jameson Development Corp. to rezone 826-848 West Hastings Street (Lots 3-6, Block 21, DL 541, Plan 210) from DD to CD-1 , generally as outlined in Appendix A to the City Manager’s report entitled “Rezoning at 826-848 West Hastings Street from DD (B) to CD-1 and Heritage Revitalization Agreements at 840 and 848 West Hastings’ dated April 25, 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 Foster and Partners Architects, and stamped “Received Planning Department, October 12, 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 final 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, who shall consider the following conditions:
DESIGN DEVELOPMENT - GENERAL
(i) design development to the tower height to meet the Council approved view cone height limitation of 114.6 m (376 ft.);
Note to applicant: View Protection Guidelines apply to the site such that no building elements such as roof parapets, guard rails, decorative elements and mechanical penthouse should exceed this height.
(ii) design development to the dwelling units adjacent to the easterly site (808 West Hastings Street) to ensure their long term livability and privacy, while presenting a visually interesting easterly façade to the skyline above this neighbouring building;
Note to applicant: Dwelling units along the easterly property line should be oriented to and have views toward Hastings Street or the lane and not rely on the adjacent site for views or livability purposes. Major living spaces and balconies should be located nearer to Hastings Street or the lane, rather than near the mid-point of the eastern property line.
(iii) design development to provide amenity area for the residents;
Note to applicant: The provision of an off-site residential amenity may be considered, subject to adequate proximity and confirmation that it will provide equal or better facilities and services than typical on-site residential amenities.
(iv) design development to the proposed exterior building materials and detailing to confirm the overall building character;
Note to applicant: Include, among other things, glass specifications and a comprehensive exterior building sample board.
(v) consideration of design development to the interior of the heritage building at 848 West Hastings St. to provide universal accessibility to the mezzanine floor area;
Crime Prevention Through Environmental Design (CPTED)
(vi) 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.
Bicycle Parking
(vii) design development to provide bicycle parking spaces meeting Parking By-law requirements;
Note to applicant: Opportunity for a ‘bike station’ or ‘bikade’ as part of this development should be explored, although staff acknowledge that this small site and the constraints of heritage conservation limit the opportunities at grade and below grade for such an undertaking.
SUSTAINABILITY
(viii) Applicant to work with staff through best efforts, to pursue the most current version of the City of Vancouver green building strategy and/or meet a minimum LEED Canada Certified standard (with full LEED registration and documentation).
AGREEMENTS
(c) THAT, prior to enactment of the CD-1 By-law, each of the registered owners shall, at no cost to the City make arrangements for the following, on terms and conditions satisfactory to the Director of Legal Services:
HERITAGE
(i) enter into Heritage Revitalization Agreements with the City and associated agreements outlined below prior to issuance of the development permit for the 826-848 West Hastings Street project, to secure the rehabilitation, protection and on-going maintenance of the “A” listed building at 848 West Hastings Street and the façade of the “B” listed building at 840 West Hastings Street;
(ii) agree to the City designating the buildings under Schedule “B” of the Heritage By-law, without further compensation;
(iii) enter into associated agreements with the City to secure the timely rehabilitation of the protected heritage buildings at 840 and 848 West Hastings Street, and that the agreements be given priority over all other charges on title, except those already held by the City;
(iv) secure the purchase and transfer of heritage density from 51 East Pender Street in the value of $5,000,000, this amount to be reduced by any water and sewer system upgrading costs to be borne by the property owner (see condition (v)(c) below). Letters in the City’s standard format (i.e., Letters A and B) are to be completed by both the owner of the “donor” site and the owner of the “receiver” site and submitted to the City together with receipt(s) of heritage density purchase, including the amount, sale price, and total cost of the heritage density;
ENGINEERING
(v) 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 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;
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
(vi) do all things and/or enter into such agreements deemed necessary to fulfill the requirements of Section 571(B) of the Vancouver Charter the property owner shall, as required by the Manager of Environmental Protection and the Director of Legal Services in their discretion;
(vii) execute a Section 219 Covenant, as required by the Manager of Environmental Protection and the Director of Legal Services in their discretion, that there will be no occupancy of any buildings or improvements on the site constructed pursuant to this rezoning, until Confirmations of Compliance have been provided to the City by the Ministry of Water, Land and Air Protection;
COMMUNITY AMENITY CONTRIBUTION
(viii) given the property owner’s offer of a cash contribution of $1,100,000 (which includes the required public art budget for the proposed development), this contribution is to be accepted and secured to the satisfaction of the General Manager, on terms and conditions satisfactory to the Director of Legal Services, with the payment due the day before issuance of the first building permit and the payment adjusted by the Consumer Price Index from the rezoning date until the due date and from the due date interest shall accrue at the prime rate plus 2% per annum.
Note: Where the Director of Legal Services deems appropriate, the preceding agreements are to be drawn, not only as personal covenants of the property owners, but also as Covenants pursuant to Section 219 of the Land Title Act.
The preceding agreements are to be registered in the appropriate Land Title Office, with priority over such other liens, charges and encumbrances affecting the subject site as is considered advisable by the Director of Legal Services, and otherwise to the satisfaction of the Director of Legal Services prior to enactment of the by-law; provided however the Director of Legal Services may, in her sole discretion and on terms she considers advisable, accept tendering of the preceding agreements for registration in the appropriate Land Title Office, to the satisfaction of the Director of Legal Services, prior to enactment of the by-law.
The preceding agreements shall provide security to the City including indemnities, warranties, equitable charges, letters of credit and withholding of permits, as deemed necessary by and in a form satisfactory to the Director of Legal Services. The timing of all required payments, if any, shall be determined by the appropriate City official having responsibility for each particular agreement, who may consult other City officials and City Council.
B. THAT Council designate the following as municipally-protected heritage properties:
(i) under Schedule “A” of the Heritage By-law the Ceperley Rounsfell Building (formerly Mineral Museum) and its interior, an “A” listed Vancouver Heritage Register building at 848 West Hastings Street; and
(ii) under Schedule “B” of the Heritage By-law the facade of the Chamber of Mines Building a “B” listed Vancouver Heritage Register building at 840 West Hastings Street.
C. THAT Council approve two Heritage Revitalization Agreements for:
(i) the “A” listed Ceperley Rounsfell Building at 848 West Hastings Street; and
(ii) the facade of the “B”listed Chamber of Mines Building at 840 West Hastings Street
FURTHER THAT Council approve side agreements for the timely restoration of both buildings and their protection during construction.
D. THAT the Sign By-law be amended to establish regulations for the CD-1 in accordance with Schedule E (assigned Schedule “B”(DD) be approved.
E. THAT, subject to approval of the rezoning at Public Hearing, the Noise Control By-law be amended at time of enactment to include this CD-1 in Schedule A.
8. Rezoning: 2950 Celtic Avenue - THIS ITEM HAS BEEN POSTPONED TO JUNE 30, 2005; 7:30 P.M.; COUNCIL CHAMBER
The attached Policy Report dated April 28, 2005, refers.
The attached memorandum, dated June 3, 2005, from the Deputy City Engineer also refers.The attached memorandum, dated June 14, 2005, and attached Design Guidelines from the Assistant Director, Current Planning, also refers.
Summary: To rezone the site to allow for reconfiguration of the site for a 12 lot single-family residential development. At the time of enactment of the CD-1 By-law, design guidelines and consequential amendments to the Noise Control By-law would be adopted.
Applicant: Progressive Construction Ltd.
Recommended Approval: By the Director of Current Planning, subject to conditions
A. THAT the application by Progressive Construction Ltd. to rezone 2950-3190 Celtic Avenue [Lots 1-10, Block 16, DL 194, Plan 2242: Part of Lot B (Amended Ref Plan 1624), DL 194 lying east of the production southerly of the west boundary of Lot 1, Block 16, DL 194, Plan 2242; and Lot D, Block 8, DL 194, Plan 11178] from RA-1 to CD-1, to permit the site’s legal parcels to be reconfigured for single-family residential development, generally as outlined in Appendix A to the City Manager’s report entitled “CD-1 Rezoning - 2950 - 3190 Celtic Avenue” dated April 28, 2005, be approved, subject to the following conditions:
A) THAT schematic plans illustrating the proposed form of development for a parcel be approved by Council before any development permit for that parcel is issued.
B) THAT, prior to approval by Council of the form of development for each parcel, the applicant and/or property owner(s) shall obtain approval of a development application for each parcel by the Director of Planning.
AGREEMENTS
C) THAT, prior to enactment of the CD-1 By-law, the registered owner shall at no cost to the City:
Community Amenity Contribution (CAC)
(i) Make arrangements to the satisfaction of the Director of Current Planning, and Director of Legal Services for the delivery of the $1,280,000 Community Amenity Contribution (CAC) offered by the applicant/property owner to be used for the purpose of riverfront trail development and equestrian boulevard trail development in Southlands;
Agricultural Land Revenue
(ii) Secure a decision by the Agricultural Land Commission approving the landowner’s application to the Agricultural Land Commission to subdivide the land in the Agricultural Land Reserve at 2950 – 3190 Celtic Avenue and in the form which is compatible with the subject rezoning application;
Soils Remediation
(iii) Obtain and submit to the City copies of all soils studies and the consequential Remediation Plan(s), approved by the Ministry of Water, Land and Air Protection. Enter into or cause to be entered into agreements satisfactory to the Director of Legal Services, providing for the remediation of any contaminated soils in accordance with a Remediation Plan(s) approved by the Ministry of Water, Land and Air Protection 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;
Soils Remediation (Road)
(iv) Submit to the City a remediation plan(s) for all newly dedicated road and utility rights-of-way required to served the subject site, including utility construction plans compatible with the accepted remediation plan(s), together with any agreements deemed necessary by the General Manager of Engineering Services providing for the construction and installation of remedial works, including monitoring systems for, among other things, water discharges and ground water flows and other remedial works or systems required by the General Manager of Engineering Services all to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services;
Note: Certificate of Compliance in respect of lands to be dedicated, transferred or leased to the City must be provided by the Ministry of Water, Land and Air Protection prior to the completion and transfer of these areas to the City.
Indemnity Agreement
(v) Execute an Indemnity Agreement, satisfactory to the Director of Legal Services, providing security to the satisfaction of the Director of Legal Services, protecting the City and the 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 Water, Land and Air Protection 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;
Soils Vancouver Charter
(vi) 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; and
Occupancy
(vii) Execute a Section 219 Covenant, satisfactory to the Director of Legal Services, that there will be no occupancy of any buildings or improvements on the site constructed pursuant to this rezoning, until Certificates of Compliance have been provided to the City by the Ministry of Water, Land and Air Protection.
Other Arrangements Prior to Enactment
(viii) Make arrangements to the satisfaction of the General Manager of Engineering Services, the Director of Legal Services and the Approving Officer for the following:
a) Registration of a compatible subdivision plan generally as depicted in Figure 2, Appendix A of this report, following enactment of the CD-1 By law;
b) Execution of a Section 219 Covenant:
- requiring the Owner to undertake and complete after enactment of the CD-1 By-law the matters set out in Section (D) of Appendix B of this report; and
- prohibiting the use or occupation of the site and construction on the site and separate transfer of the parcels until the Owner has fulfilled all rezoning conditions including those to be fulfilled after rezoning;
c) Execution of a Section 219 Covenant:
- prohibiting conventional subdivision except as contemplated in the subject rezoning;
- prohibiting subdivision by bare land strata title subdivision plan;
- prohibiting strata title subdivision of a one family dwelling with secondary suite such that the secondary suite becomes a separate strata lot;
- prohibiting subdivision by way of lease; and
- prohibiting the deposition or extraction of material to alter the configuration of the land without the approval of the Director of Planning in consultation with the General Manager of Engineering Services and in granting such approval the Director of Planning may set terms, conditions and deadlines.
Post Enactment Arrangements
D) THAT subsequent to enactment of the CD-1 Bylaw, the registered owner shall, at no cost to the City, and to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services and, where applicable, the Approving Officer, arrange for:
(i) Dedication as road of a 33 ft. wide portion of lot D, to extend Carnarvon Street to the water for pedestrian access;
(ii) Closure of a 34 ft. wide portion of McCleery Street adjacent the site (Council approval will be required and will be the subject of a separate report from the General Manager of Engineering Services);
(iii) Dedication as road, or other arrangements to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services, of a portion of the site adjacent the water to accommodate a walkway (10 meters wide, minimum). The 10 m width to be level, free, and clear for pathway use and landscape buffers. No portion of the shoreline protection is to be included in the free and clear area. (Note: the resulting dedication shall be to a width of 10 m or greater to ensure all areas lying southerly of the new lot boundaries are included within the dedication area);
(iv) Confirmation of the southerly limit of the shoreline works (i.e., new high water mark) and all title limits, once the process of all legal acts to return to the Crown all land covered by water and to fill other lands covered by water, has been completed;
(v) Provision of shoreline protection works relevant to the subject site which includes a waterfront walkway (multi-use pathway) adjacent the site from Balaclava Street and Celtic Avenue to McCleery Street and Celtic Avenue via the waterfront, and from Celtic Avenue to the waterfront on the extension of Carnarvon Street. The walkway is to be constructed in conformance with Engineering “Greenways” standards, all at no cost to the City;
(vi) Provision of a connection, including legal arrangements, from the proposed walkway to Balaclava Street across the westerly lot or lots. (Note: The connection will provide public access to the waterfront walkway until further development to the west allows for extension of the walkway adjacent the river);
(vii) Provision of appropriate agreements to indemnify the City from flooding (flood plain covenant) and any resulting floodwater damage, failure of the shoreline works or walkway, damage due to seismic events and to acknowledge that the shoreline works need not provide support for the uplands;
(viii) Provision of the completed Fraser River Estuary Management Program (FREMP) project review;
(ix) Provision of a report on the constructed fish habitat including detailed plans and sections and recommended maintenance practices;
(x) Provision of a sanitary force main to serve the development;
(xi) Provision of a stormwater management plan and implementation of the recommendations thereof;
(xii) Provision of street trees adjacent the site where space permits, and in keeping with RA-1 guidelines;
(xiii) Under grounding of all new BC Hydro and Telus services from the closest existing suitable service point, including a review of any new cabling necessary to serve the development to determine impacts on the neighbourhood;
Where the Director of Legal Services deems appropriate, the preceding agreements are to be drawn, not only as personal covenants of the property owner, but also as Covenants pursuant to Section 219 of the Land Title Act.
The preceding agreements are to be registered in the appropriate Land Title Office, with priority over such other liens, charges and encumbrances affecting the subject site as is considered advisable by the Director of Legal Services, and otherwise to the satisfaction of the Director of Legal Services prior to enactment of the by-law; provided however the Director of Legal Services may, in her sole discretion and on terms she considers advisable, accept tendering of the preceding agreements for registration in the appropriate Land Title Office, to the satisfaction of the Director of Legal Services, prior to enactment of the by-law.
The preceding agreements shall provide security to the City including indemnities, warranties, equitable charges, letters of credit and withholding of permits, as deemed necessary by and in a form satisfactory to the Director of Legal Services. The timing of all required payments, if any, shall be determined by the appropriate City official having responsibility for each particular agreement, who may consult other City officials and City Council.
B. THAT, subject to approval of the rezoning at Public Hearing, the Noise Control By-law be amended at time of enactment to include this CD-1 in Schedule A.
9. Text Amendment: 4176 Alexandra Street (York House School) (June 16th Video Clip)
(June 30th Video Clip)
The attached Policy Report dated April 29, 2005, refers.
Summary: To amend the CD-1 to add auditorium as permitted use and amend the density and parking requirements.
Applicant: CJP Architects
Recommended Approval: By the Director of Current Planning, subject to conditions
THAT the application by CJP Architects to amend the text of CD-1 By-law No. 7045 for 4176 Alexandra Street (Block 670, Lot 526, Group 1, NWD; PID 007993811) to permit replacement of and addition to student facilities, including a new Senior School building, below-grade parking and a performance arts centre, generally as outlined in Appendix A to the City Manager’s report entitled “CD-1 Text Amendment: 4176 Alexandra Street - York House School’ dated April 29, 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 CJP Architects, and stamped “Received by the City Planning Department”, April 26, 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.
(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, among other things, the following:
Design Development
(i) design development to ensure overall cohesiveness in architectural expression of existing and proposed buildings comprising the York House School campus and to increase neighbourhood fit;
Note to applicant: Consider using replicas of the neighbourhood street lighting where appropriate for perimeter lighting around the site.
GOOD NEIGHBOUR PLEDGE
(c) That, prior to issuance of any related development permit, provision of a Good Neighbour Pledge containing, to the satisfaction of the General Manager of Engineering Services, the Director of Planning and the Director of Legal Services, a Transportation Management Plan, a Facilities Use Plan, and a Construction Management Plan.
Note to applicant: The Good Neighbour Pledge should be updated annually and submitted to the Parking Branch for the monitoring transportation impacts. The update should include revised special event dates, revised mode split figures and other transportation data, changes to the passenger loading, traffic and parking management procedures, and information on upcoming phasing plans for implementation of the proposed development. Also, the mediation process described in the Pledge should be further evolved into an arbiter process that can provide more effective ongoing management of issues.
AGREEMENTS
(d) 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 the General Manager of Engineering Services, on terms and conditions satisfactory to the Director of Legal Services, unless otherwise specified:
ENGINEERING
(i) Provision of street improvements on Alexandra Street between King Edward and West 26th avenues, including curbing (lay-by) and sidewalk adjustments to accommodate lay-by;
(ii) Provision of a lay-by on King Edward Avenue adjacent to the site;
(iii) Provision of street trees adjacent to the site where space permits; and
(iv) Undergrounding of all new B.C. Hydro and Telus facilities from the closest existing point, including a review of any new overhead wiring necessary to serve the site to determine any impact on the adjacent neighbourhood.
COMMUNITY AMENITY CONTRIBUTION
(v) Offering to the City of a Community Amenity Contribution (CAC) in the amount of $65,122.
RISE FROM COMMITTEE OF THE WHOLE
ADOPT REPORT OF COMMITTEE OF THE WHOLE
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