P3 POLICY REPORT DEVELOPMENT AND BUILDING Date: April 15, 1996 Dept. File No. 94061 ABJ/DT TO: Vancouver City Council FROM: Director of Land Use and Development SUBJECT: Proposed Rezoning of 34 West Pender Street: Conditions of Approval RECOMMENDATIONS THAT the conditions of approval for the rezoning of 34 West Pender Street, established by Council following the Public Hearing on March 16, 1995, be amended to delete conditions (c) (i) and (v) regarding agreements for remediation of soil contamination and provision of engineering services, respectively, provided these matters are addressed through the lease agreement, to the satisfaction of the officials cited in the current conditions. GENERAL MANAGER S COMMENTS The General Manager of Community Services RECOMMENDS approval of the foregoing. COUNCIL POLICY There is no applicable Council Policy. PURPOSE The purpose of this report is to request that Council rescind two conditions of rezoning approval for this City-owned site, as the conditions will be satisfied through subsequent lease negotiations and reported to Council. BACKGROUND Following a Public Hearing on March 16, 1995, Council approved in principle the application by VLC Properties Ltd. to rezone 34 West Pender Street for the purpose of providing non-market housing, a social service centre and some commercial space. This approval was subject to conditions recommended by staff and established by Council, to be met prior to enactment of the new zoning. DISCUSSION All conditions of rezoning approval have been met, with the exception of conditions (c) (i), requiring an indemnification agreement to addresses contaminated soil remediation, and (c) (v), requiring an agreement that on-site and off-site works and services be installed at no cost to the City. The complete wording of these conditions is outlined in Appendix A. Given that the City cannot undertake agreements with itself, it is proposed that the thrust of the outstanding conditions be met in the lease agreement with the Chinese Benevolent Association (CBA) and United Chinese Enrichment Services Society (Success), who wish to develop the site and are close to receiving development permit approval. With deferral of these two conditions to be addressed through the lease agreement, the rezoning by-law can proceed to enactment. CONCLUSION Staff recommend the prior-to-enactment conditions for the rezoning of 34 West Pender Street be amended to delete the conditions regarding remediation of soil contamination and provision of engineering services, as both will be dealt with by Council in subsequent lease approvals. * * * APPENDIX A 34 West Pender Street - Outstanding Conditions of Rezoning (c) THAT, prior to enactment of the CD-1 By-law, the registered owner shall, at no cost to the City: (i) execute an agreement, to be registered against the property, at the discretion of the Director of Legal Services, in consultation with appropriate Department Heads, indemnifying the City against any liability which may be incurred by the City as a result of any contamination present on the site and providing a program of remediation as may be deemed necessary and approved by B.C. Environment, in a sequence of steps to be prescribed, monitored and certified complete by such a professional and approved by the Ministry; (v) execute a service agreement, to the satisfaction of the City Engineer and the Director of Legal Services, to ensure that all on-site and off-site works and services necessary or incidential to the servicing of the subject site (collectively called the "Services") are designed, constructed, and installed at no cost to the City, and that all necessary street dedications and rights-of-way for the Services are provided, all to the satisfaction of the City Engineer and the Director of Legal Services; dates for completion of the Services, and the length of the applicable warranty and indemnity periods shall be to the satisfaction of the City Engineer. Without limiting the discretion of the said City officials, this agreement shall include provisions that: (1) no Development Permit in respect of any improvements shall be issued until the design of all of the Services is completed to the satisfaction of the City Engineer; (2) no occupancy of any buildings or improvements shall be permitted until all Services are completed to the satisfaction of the City Engineer; and (3) a warranty in respect of the Services shall be granted for a period of time designated by the City Engineer, and an indemnity shall also be given protecting the appropriate persons for a period of time designated by the City Engineer.