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.