LATE DISTRIBUTION P6
FOR COUNCIL JUNE 25, 1996
POLICY REPORT
DEVELOPMENT AND BUILDING
Date: June 18, 1996
Dept. File No. RWW
TO: Vancouver City Council
FROM: Director of Land Use and Development
SUBJECT: Rezoning of 2197 West 11th Avenue & 2625-27 Arbutus Street
(Bastion-Intracorp), and 2176 West 10th Avenue (City Works
Yard)
RECOMMENDATION
A. THAT City Council refer to Public Hearing:
(a) an application by Nigel Baldwin Architects to rezone:
- the westerly 60.96 m (200 ft.) of 2176 West 10th Avenue
(City Works Yard) (Lots 1 to 4, Block 364, D.L. 526,
Plan 4905, Group 1, N.W.D.); and
- the easterly 106.68 m (350 ft.) [minus necessary
dedication for street] of 2197 West 11th Avenue and
2625-27 Arbutus Street (Bastion-Intracorp Site) (Lot A
[ex. Plan 17316] and Lots 11 to 17 inclusive [Plan
4905], Block 364, D.L. 526, Plan 4905, Group 1,
N.W.D.);
from M-1 Industrial District to CD-1 Comprehensive
Development District, together with,
(i) draft by-law provisions generally as contained in
Appendix A; and
(ii) draft conditions of approval contained in
Appendix B;
(b) an application by the Director of Land Use and
Development to rezone:
(i) the easterly 45.72 m (150 ft.) [minus necessary
dedication for street] of 2176 West 10th Avenue
(City Works Yard) (Lots 5 to 7, Block 364, D.L. 526,
Plan 4905, Group 1, N.W.D.); and
(ii) the westerly 76.2 m (250 ft.) (Lot A [ex. Plan
17316]) and the westerly 45.72 m (150 ft.) of 2197
West 11th Avenue and 2625-27 Arbutus Street
(Bastion-Intracorp Site) (Lots 18 to 20 [Plan 4905],
Block 364, D.L. 526, Plan 4905, Group 1, N.W.D.);
from M-1 Industrial District to RS-1 One-Family Dwelling
District [for park purposes]; along with
(c) the recommendation of the Director of Land Use and
Development to approve the applications, as outlined in
this report.
FURTHER THAT the Director of Legal Services be instructed to
prepare the necessary by-laws for consideration at the Public
Hearing, including a consequential amendment to the Sign
By-law to establish sign regulations for this CD-1 in
accordance with Schedule B (C-2C).
B. THAT Council adopt RECOMMENDATION A on the following
conditions:
(i) THAT the passage of the above resolutions create no
legal rights for the applicant or any other person, or
obligation on the part of the City; any expenditure of
funds or incurring of costs is at the risk of the
person making the expenditure or incurring the cost;
(ii) THAT any approval that may be granted following the
Public Hearing shall not obligate the City to enact a
by-law rezoning the property, and any costs incurred in
fulfilling requirements imposed as a condition of
rezoning are at the risk of the property owner; and
(iii) THAT the City or any of its officials, including the
Approving Officer, shall not in any way be prejudiced
or limited in the exercise of their authority or
discretion, regardless of when they are called upon.
GENERAL MANAGER'S COMMENTS
The General Manager of Community Services RECOMMENDS approval of
the foregoing.
COUNCIL POLICY
Arbutus Neighbourhood Policy Plan, approved by Council November 19,
1992.
PURPOSE AND SUMMARY
This report brings forward changes to rezoning proposals last considered
and approved "in principle" by City Council at Public Hearing in May
1994 (but not pursued to enactment). The rezoning initiatives still
involve a proposed land exchange between the applicants, Bastion
Development Ltd. and Intracorp (formerly Intrawest) and the City,
providing for residential and commercial development on lands ultimately
to be owned by the development companies, and providing for development
of the West 11th Avenue greenway on lands to be owned by the City.
Finalization of the applications has involved extensive discussions
leading to the proposed changes outlined in this report.
The principal changes involve adjustments to parcel sizes and related
public rights-of-way. However, these changes do not significantly or
adversely affect the public objectives achieved with the previous
approval. Staff recommend that the applications by Bastion-Intracorp
and the Director of Land Use and Development be referred to Public
Hearing and approved.
BACKGROUND
On May 31, 1994, Council approved "in principle" rezoning of lands owned
by Bastion Development Corp. and Intracorp in conjunction with lands
owned by the City of Vancouver (City Works Yard at 2176 West 10th
Avenue).
The Public Hearing followed a period of extensive negotiation related to
the major CD-1 sites in the Arbutus Industrial Area (AIA) following
Council's adoption of the Arbutus Neighbourhood Policy Plan in November
1992. Negotiations surrounding the Bastion-Intrawest application were
extended by alternate road and park options, leading to the approval of
a conceptual plan and building layout. Details of the site context and
background are described in Appendix C.
The following materials related to the earlier rezoning are on file with
the City Clerk:
- Report to Council "Rezoning Application 2197 West 11th Avenue and
2625-27 Arbutus Street (Intrawest and Bastion)", dated September 27,
1993;
- Report to Council "Supplementary Report: Rezoning Application - 2197
West 11th Avenue and 2625-27 Arbutus Street (Bastion-Intrawest)",
dated February 11, 1994;
- Memorandum from the Associate Director of Planning to Mayor and
Councillors, "Bastion Intrawest Rezoning Application", dated May 19,
1994;
- Public Hearing Minutes, May 19, 1994; and
- Excerpt from the May 31, 1994 Minutes of Vancouver City Council,
dealing with the Bastion-Intrawest rezoning application.
Since the Public Hearing in 1994, the applicant and staff have reviewed
the "approved-in-principle" rezoning. A number of details were
difficult to resolve, however a reconsideration of the concept has
resulted in finalization of almost all outstanding details and the need
to adjust the rezoning proposal.
DISCUSSION
Parcel Layout: A comparison of the "approved-in-principle" rezoning and
the revised proposal is shown on the following page. The draft CD-1
By-law (Appendix A) is the same as previously approved, except for the
modifications set out below. Please see Appendix D (Sketch Plans for
the 1994 and 1996 Proposals) and Appendix E (Site and Statistical
Comparisons) for more details. The changes are generally summarized as
follows:
1. The original scheme included partial lots in the site boundaries.
To simplify the proposed land exchange (e.g., timing, soil
remediation, etc.) the new scheme follows existing lot boundaries;
2. The West 10th Avenue site (Site 3) is increased in length (along
West 10th Avenue) by 7.62 m (25 ft.). However, the West 11th Avenue
site (Site 2) is reduced in length along West 11th Avenue by 7 m (23
ft.), thereby increasing the park frontage along West 11th Avenue
which will be closed if these proposals proceed. A corner cut-off
is also to be dedicated to the City from Site 2 to provide for a
smoother transition on the proposed north-south street;
Expansion of the frontage on the adjacent (to be) City-owned park
along the West 11th Avenue portion of the greenway is seen as a
major benefit of these adjustments. These changes will also reduce
the size of the 7-storey building on West 11th Avenue, which was a
major concern for residents in the area.
Figure 1 - Sketch Plans of 1994 and 1996 Site Layouts
3. In the original proposal, the two westerly sites (Sites 2 and 3)
were proposed to be 36.6 m (120 ft.) in depth. To ensure adequate
space between the sites for the greenway, a 1.5 m (5 ft.) dedication
and 3 m (10 ft.) right-of-way was proposed for each property line
facing the greenway. In the new proposal, the site depths have been
increased to 38.1 m (125 ft.) to allow a more efficient underground
parking configuration. However, 1.5 m (5 ft.) public rights-of-way
for surface passage have been retained and triangular public
rights-of-way are proposed on each site where the buildings overlap.
The effective building separation at grade is maintained.
4. Consequential adjustments and refinements are also proposed, as
required to reflect the changes above:
(a) the depth of the Arbutus Street site (Site 1) is increased by
3 m (10 ft.) to accommodate a proposed underground parkade.
This 3 m strip will be encumbered by a public right-of-way
providing public access to sidewalks and related boulevards.
This approach has been previously accepted on Molson's West
12th Avenue site and the Twinpak site, both immediately south
of the subject sites;
(b) the West 11th Avenue site (Site 2) is increased in area to
include a cul-de-sac which will provide for both vehicular
turn-around and access to the building on that parcel.
Ownership of the cul-de-sac will be maintained by the
applicants, accompanied by appropriate public rights-of-way
for pedestrian, bicycle and vehicle passage and installation
and maintenance of utilities; and
(c) floor space ratios (FSRs) have been adjusted as follows:
- Arbutus Street site (Site 1): increased from 1.94 FSR to 2.0
FSR to provide for more optimum development of this site,
including an adequate street wall interface with Arbutus
Street, and
- West 11th Avenue site (Site 2): decreased from 3.4 FSR to 3.15
FSR as a result of the increased site size due to the addition
of the cul-de-sac.
[West 10th Avenue site (Site 3): maintained at 2.11 FSR].
The net result of these changes is an overall increase in buildable
floor space of 249 m2 (2,683 sq. ft.). Almost half of this increase has
been added to the Arbutus Street site (Site 1), while the rest is a
transfer of density from the West 11th Avenue site (Site 2) to the West
10th Avenue site (Site 3) to reflect the proposed changes in site area.
Form of Development: The schematic development proposal, introduced at
the May 1994 Public Hearing (see Appendix D), proposed 4.57 m (15 ft.)
building setbacks along both the east end of the West 10th Avenue site
(Site 3) and the west end of the West 11th Avenue site (Site 2). These
setbacks were proposed by the applicant in the period leading up to the
Public Hearing in order to respond to staff concerns about:
1. the relationship between the pedestrians using the greenway
connection to West 10th Avenue and buildings abutting the greenway;
and
2. a reduced east-west overlap between these two buildings is seen as
important to people's ability to visually identify the route between
the two proposed park areas.
These setbacks reduced the effective east-west overlap between the two
buildings to 5.5 m (18 ft.), as noted on the May 1994 sketch plan. The
May 1994 scheme would have required a relaxation of a Yew Street setback
of 4.5 m (15 ft.). Staff would oppose such a relaxation because the
setback was established on both Twinpak and on the Molson's West 12th
Avenue projects to the south.
Staff believe the relationship between the greenway and the abutting
buildings is critical. Therefore, a condition has been set out in
Appendix B (Condition D) calling upon the applicant to demonstrate that
a workable relationship can be established between the two sites to
create an appropriate scale and context for pedestrians. The applicant
will need to undertake the necessary massing and shadow studies to
demonstrate the appropriate design solution. Staff would not rule out
the possibility of further stepping back on the West 11th Avenue
building to create the necessary effect but are prepared to work with
the applicant in this regard.
Soils Remediation: Environmental investigation work has been carried
out on the lands involved in this rezoning report, and a remediation
plan has been submitted to the Ministry of Environment (MOE) for review.
The Ministry's evaluation and position on the remediation plan is not
known at this time.
The investigation found that the City Works Yard site has localized
special waste contamination on the eastern portion and minor
contamination on the western portion. The majority of the contaminated
soils and special waste soils are present on the Bastion-Intracorp site.
The remediation plan recommends, as a first step, to remove the
near-surface contaminated soils all across the City Works Yard site.
Then, the remaining contaminated soils and special wastes would be
removed at the time of development excavation (for development sites) or
risk-assessed to the approval of MOE (for park sites).
The preliminary cost estimate to implement the proposed land exchange
including costs to date is in the order of $680,000. This estimate,
subject to MOE approval of the soil remediation plan, includes the
following City costs:
1. soil remediation cost on the City Works Yard site, not including the
proposed turn-around area currently owned by the City (remediation
of the Works Yard alone is estimated at $400,000);
2. demolition of existing structures on the City Works Yard site;
3. maximum contribution of $100,000 to Bastion-Intracorp for the land
exchange;
4. costs relating to land transfer taxes including GST payable by the
City; and
5. approximately $80,000 already spent for environmental consulting
fees.
Consistent with Council's approvals in 1994, it is recommended that
these costs, estimated above to be $680,000, be funded by the proceeds
of the Community Amenity Contributions (CACs) for the Arbutus
Neighbourhood, and in the interim funded by the Property Endowment Fund
for Emerging Neighbourhoods. The CACs for Bastion-Intracorp are
identified in Appendix B as $669,272. The balance will be paid from
available CAC contributions collected in the area. Any increase in cost
incurred including those for soil remediation will also be paid from
available CAC contributions in the area. If the MOE should impose
additional requirements on the remediation plan, an increase in the
estimated cost may be required. The remediation cost of the Bastion-Intracorp site will be the
responsibility of the developer. Furthermore, it is recommended that
the developer be required to remediate the contaminated soils within the
proposed turn-around area currently owned by the City.
Engineering: The street system was previously approved by Council on
May 31, 1994. The General Manager of Engineering Services supports this
rezoning proposal which combines road dedications and public
rights-of-way. This arrangement allows for reasonable vehicular access,
significant public benefit with the greenway and provides workable sites
for the developer. Discussions are ongoing concerning special
streetscape treatment of the roads within the Arbutus Lands.
The following are the Engineering requirements for these proposed
developments:
Streets And Utilities
All on and off-site street and utility design and construction will be
the responsibility of the developer and will be installed to the
satisfaction of the General Manager of Engineering Services, and at no
cost to the City. It should be noted that the proposed higher level of
streetscape treatment for the Arbutus Lands area would be constructed by
the developer at their cost.
Utility servicing will be underground and can be accommodated within
existing City streets or utility rights-of-way. A Services Agreement
will be required as set out in the recommended rezoning conditions of
approval.
Bicycles
Bicycle and pedestrian traffic must be accommodated on both the Greenway
and proposed streets and Rights-of-Way.
Parking
Residential parking will generally be provided in conformance with the
Parking By-law for RM-4; 1.1 space/dwelling unit plus 1 space per 200 m2
gross floor area. This includes a built-in visitor parking component of
0.2 space/dwelling. In the Arbutus Industrial Lands up to 0.1
space/dwelling of the visitor parking provision has been permitted on
street. Due to the limited street parking adjacent this site, an
evaluation prior to the issuance of development permits will be done, to
confirm whether it is possible to permit the on-site provision to be
provided on-street.
Off-street loading areas will be provided to service the commercial
component as well as garbage and recycling facilities all to the
satisfaction of the General Manager of Engineering Services.
Other Conditions: A number of other conditions are contained in
Appendix B, which are carried over from the previous rezoning
consideration. The more important are as follows:
1. Establishment of a requirement that 25% of all units be designed for
families; and
2. Requirement for a community amenity contribution based on $4.00 per
square foot of development.
These requirements are set out in the Arbutus Neighbourhood Policy Plan.
CONCLUSION
Staff believe that the revised site configurations and resultant land
exchange still meet the general spirit of the previous rezoning that
Council approved "in principle". Moderate decreases in actual
dedications are off-set with increases in public rights-of-way. Staff
believe that design improvements at the development application stage
can deal with the overlap between the two westerly sites (Sites 2 and
3). A design condition is established to this effect in Appendix B
(Condition D).
Staff recommend that the revised applications be referred to Public
Hearing.
* * * * *
General Mgr./Dept. Head: Report dated: June 18, 1996
Author: R. Whitlock
Date: Phone: 7702 IRTS Number: CC96112
This report has been Concurring Departments
prepared in consultation
with the departments listed Engineering
to the right, and they Real Estate
concur with its contents.
WHI\017-4339.COV
APPENDIX A
PAGE 1 OF 4
DRAFT CD-1 DEVELOPMENT PARAMETERS
FOR 2197 WEST 11TH AVENUE, 2176 WEST 10TH AVENUE
AND 2625-27 ARBUTUS STREET
The following parameters will generally form the basis for the
regulations for the CD-l By-law. They may be further developed
by the Directors of Legal Services, Planning, Housing and Finance
and the General Manager of Engineering Services in preparation
for the Public Hearing.
Intent
The intent of this By-law is to permit the development of
the district with residential and commercial uses, in a form
which complements, and is compatible with, the character of
adjacent areas.
Development on the site shall be consistent with the
following objectives:
(a) achieve a built form which is complementary to the form
of development of adjacent areas in Kitsilano;
(b) provide for commercial uses on Arbutus Street;
(c) achieve housing consistent with the principles of
livability and other social and environmental
objectives;
(d) provide pedestrian links to adjacent areas; and
(e) provide adequate on-site parking and loading spaces for
all uses within the site.
Uses
(a) Child Day Care Facility.
(b) Cultural and Recreational Uses.
(c) Dwelling Units, 25% of which shall consist of 2 or more
bedrooms and designed generally in accordance with
guidelines for housing families at high densities.
APPENDIX A
PAGE 2 OF 4
(d) Commercial retail and service uses, limited to the
Arbutus Street frontage; and limited by the following
descriptions:
(i) Office Uses;
(ii) Retail Uses, but not including Adult Retail
Store, Gasoline Station - Full Serve, Gasoline
Station - Split Island, and Vehicle Dealer; and
(iii) Service Uses, but not including Bed and
Breakfast Accommodation, Body-rub Parlour,
Drive-through Service, Funeral Home, Laboratory,
Laundry or Dry Cleaning Plant, Motor Vehicle
Repair Shop, Motor Vehicle Wash, Photofinishing
or Photography Laboratory, Repair Shop -
Class A, and Sign Painting Shop.
(e) Accessory Uses customarily ancillary to the above uses.
(f) Interim Uses.
Parcels
The district shall comprise 3 sites as illustrated in
Diagram 1.
APPENDIX A
PAGE 3 OF 4
Floor Space Ratio
The floor space ratio for each sub-area shall not exceed that
indicated in Table 1.
In considering maximum limits, the Development Permit Board will
first consider:
(a) all applicable policies and guidelines adopted by
Council;
(b) the bulk, location and overall design of a building and
its effect on the site, surrounding buildings and
streets;
(c) the design and livability of any dwelling uses; and
(d) the provision of open space, including private patios
and balconies, and useable common areas.
TABLE 1
Uses, Floor Space Ratio and Heights
Site USE NET FSR 1 HEIGHT2
1 Residential; 2.00 4 storeys
Commercial at 14.3 m (47 ft.)
grade
2 Residential 3.15 7 storeys
21.9 m (72 ft.)
3 Residential 2.11 4 storeys
13.7 m (45 ft.)
1 Calculated on net site area excluding roadway areas.
2 Average floor to floor height of a storey considered to be
3.048 m (10 ft.). Maximum floor to floor height to be
3.7 m (12 ft.)
APPENDIX A
PAGE 4 OF 4
Height
Maximum building height measured above the base surface, shall be
as set out in Table 1, subject to the relaxation of limitations
on building heights set out in Section 10.11.1 of the Zoning and
Development By-law No. 3575.
The Director of Planning may, for any building, permit a
decorative roof, which may include items referred to in Section
10.11.1, to exceed the maximum height otherwise specified in this
By-law, provided that:
(a) the Director of Planning is satisfied that the
roof enhances the overall appearance of the
building and appropriately integrates mechanical
appurtenances;
(b) the roof does not add to the floor area otherwise
permitted; and
(c) the Director first considers all applicable
policies and guidelines adopted by Council.
Parking
Off-street parking shall be provided, developed and maintained in
accordance with the applicable RM-4 provisions of the Parking
By-law. Visitor parking shall be provided to the satisfaction of
the City Engineer.
APPENDIX B
PAGE 1 OF 6
PROPOSED CONDITIONS OF APPROVAL
2197 West 11th Avenue, 2625-27 Arbutus Street and
2176 West 10th Avenue
The Director of Legal Services, in consultation with the Director
of Land Use and Development, the Manager of the Housing Centre
and the General Manager of Engineering Services, put forward the
following draft conditions of approval, noting that further
changes and additions may be contemplated in preparation for the
Public Hearing.
References in the following conditions to various lands shall be
interpreted as follows:
(I) "Bastion-Intracorp Lands" shall mean Lot A [ex. Plan
17316] and Lots 11-20 inclusive [Plan 4905], Block 364,
D.L. 526, Plan 4905, Group 1, N.W.D., generally known as
2197 West 11th Avenue and 2625-27 Arbutus Street and being
those lands presently owned by 363027 B.C. Limited;
(II) "City Lands" or "City Works Yard" shall mean Lots 1-7
inclusive Block 364, D.L. 526, Plan 4905, Group 1, N.W.D.
generally known as 2176 West 10th Avenue and being those
lands presently owned by the City of Vancouver; and
(III) "Subject Lands" means the Bastion-Intracorp lands and the
City lands.
A. THAT, prior to enactment of the CD-1 By-law, the
registered owners of the Subject Lands shall conclude
arrangements, including any agreements, satisfactory to
the City Manager in consultation with the Director of
Legal Services, to effect a land exchange within the
Subject Lands between the City and 363027 B.C. Limited,
the registered owner, whereby the City will end up owning
the lands comprising the parks and proposed new street, as
shown generally in the plan on page 2 of Appendix D
attached hereto, and 363027 B.C. Limited will end up
owning the rest of the Subject Lands;
B. THAT the proposed schematic development be approved by
Council in principle, generally as prepared by Nigel
Baldwin Architects and stamped "Received City Planning
Department - May 29, 1996" specifically in relation to the
siting of buildings, to be further articulated with
guidelines which will guide and adjudicate the scheme
through the development permit process [see condition D].
APPENDIX B
PAGE 2 OF 6
C. THAT the existing design guidelines for the Arbutus
Industrial Area CD-1 sites be adopted by resolution of
Council to include these sites at the time of enactment of
the CD-1 By-law. The guidelines will include reference to
the plan prepared by Nigel Baldwin Architects noted in B,
above.
D. THAT, prior to the final approval by Council of the form
of development for each site of the project, the applicant shall obtain approval of a development application by the
Development Permit Board. In considering development
applications, the Board will have regard for the following
considerations:
- policies and guidelines adopted by City Council for the
Arbutus Lands and the respective CD-1 sites;
- general principles of Crime Prevention Through
Environmental Design (CEPTED);
- specific attention to the design, scale and
relationship to the pedestrian link between the two
sites on West 10th Avenue and West 11th Avenue and the
relationship of the two buildings to the abutting park
spaces; and
- specific attention to the design of both residential
and commercial frontages, pedestrian character and
retail continuity along Arbutus Street.
E. THAT, prior to enactment of the CD-1 By-law, the
registered owner of the Bastion-Intracorp Lands shall, at
no cost to the City:
1. obtain and submit to the City copies of all soils
studies and the consequential Remediation Plan for the
Bastion-Intracorp Lands approved by the Ministry of
Environment and acceptable to the City. Execute
agreements satisfactory to the Director of Legal
Services and the City Manager, in consultation with
appropriate Department Heads obligating the registered
owner of the Bastion-Intracorp Lands to:
(i) remediate to the satisfaction of the Ministry of
Environment and, with respect to lands dedicated
or transferred to the City, to the satisfaction of
the City, any contaminated soils and groundwater
in the Bastion-Intracorp Lands in accordance with
a Remediation Plan approved by the Ministry of
Environment and acceptable to the City; and
APPENDIX B
PAGE 3 OF 6
(ii) indemnify the City, the Approving Officer and the
Park Board and their employees against any
liability or costs which may be incurred as a
result of the presence of contaminated soils or
groundwater in the Bastion-Intracorp Lands,
including costs arising as a result of any failure
to carry out the aforementioned approved
Remediation Plan and provide such security for the
indemnity as the Director of Legal Services deems
necessary;
2. submit to the City a soil remediation plan for all
newly dedicated streets, including any utility
rights-of-way, located in the Bastion-Intracorp Lands,
required to serve the site, including utility
construction plans compatible with the accepted
remediation plan, and execute 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 groundwater flows, and any other remedial works or
systems required by the City, all to the satisfaction
of the General Manager of Engineering Services and the
Director of Legal Services;
3. execute an agreement, satisfactory to the Director of
Legal Services, that there will be no occupancy of any
buildings or improvements constructed pursuant to this
rezoning on the subject site until the contaminated
soils on the subject site have been remediated to the
satisfaction of the Ministry of Environment (and all
relevant Federal authorities to the extent that the
same evaluate the remediation), and to the satisfaction
of the City with respect to lands dedicated or
transferred to the City, in accordance with a
remediation plan approved by the Ministry of
Environment, and acceptable to the City;
4. execute a Section 215 agreement, satisfactory to the
Director of Legal Services, that will register
requirements for 25% family housing units pursuant to
the Arbutus Neighbourhood Policy Plan, which are to be
calculated over all three Sites: 1, 2 and 3, as
identified in the draft CD-1 by-law attached hereto as
Appendix A;
APPENDIX B
PAGE 4 OF 6
5. execute an agreement, satisfactory to the Director of
Legal Services and Manager of the Housing Centre,
providing that occupancy or possession of dwelling
units shall not be denied to families with children,
with the exception of units which may be designated as
senior citizens' housing;
6. execute a services agreement, satisfactory to the
General Manager of Engineering Services and the
Director of Legal Services, to ensure that all on-site
and off-site works and services necessary or incidental
to the servicing of the subject site (collectively
called the "Services") are designed, constructed, and
installed, and to provide for the grant of all
necessary street dedications and rights-of-ways for the
services, all to the satisfaction of the General
Manager of Engineering Services 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 General
Manager of Engineering Services. Without limiting the
discretion of the said City Officials, this agreement
shall include provisions that:
(i) the servicing shall occur in accordance with a
plan, acceptable to the General Manager of
Engineering Services which may permit the
service to be installed and constructed in
phases, in the sole discretion of the General
Manager of Engineering Services;
(ii) no development permit shall be issued until the
design of the Services is completed to the
satisfaction of the General Manager of
Engineering Services;
(iii) the design of the Services shall be completed to the satisfaction of the General Manager of
Engineering Services prior to:
(a) tendering for the construction of any of the
Services; or
(b) any construction of the Services, if the
property owner decides not to tender the
construction.
(iv) no occupancy of any buildings or improvements
shall be permitted until all relevant Services
are completed to the satisfaction of the General
Manager of Engineering Services;
APPENDIX B
PAGE 5 OF 6
(v) a warranty in respect of the Services shall be
granted for a period of time designated by the
General Manager of Engineering Services, and an
indemnity shall also be given protecting the
appropriate persons for a period of time
designated by the General Manager of Engineering
Services; and
(vi) all services shall be undergrounded to the
nearest service point;
7. register all rights-of-way for vehicle, bicycle and
pedestrian access and installation and maintenance of
utilities, to the satisfaction of the General Manager
of Engineering Services and the Approving Officer;
8. prepare and obtain approval and registration of a
subdivision plan compatible with the development scheme
or, should registration not be possible prior to the
zoning enactment, conclude arrangements to the
satisfaction of the Approving Officer in his sole
discretion for subdivision to take place in a timely
manner following zoning enactment; and
9. pay to the City $669,272.00 as a community amenity
contribution (@ $4 per MBSF) or, as the City Manager
may approve, enter into an agreement with the City to
pay such amount plus interest thereon from the date of
the rezoning public hearing adopting this condition
until paid, at the per annum rate of prime plus 2% with
principal and interest due and secured as the City
Manager shall approve.
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 215 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 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. APPENDIX B
PAGE 6 OF 6
The required agreements shall provide security to the City,
including: indemnities, warranties, options to purchase, no
development covenants, equitable charges, letter of credit, and
withholding of permits, as considered advisable by, and in a form
satisfactory to, the Director of Legal Services.
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.
If dates are established for enactment which in the opinion of
the Director of Legal Services would require increased resources
within the Law Department, or which require, in the opinion of
the Director of Legal Services, the retaining of outside counsel,
reimbursement for these costs will be required from
Bastion-Intracorp.
APPENDIX C
PAGE 1 OF 2
SITE DESCRIPTION, CONTEXT AND BACKGROUND
The Bastion-Intracorp site is one of four major sites in the
Arbutus Industrial Area (AIA) (see Figure 1). CD-1 By-laws have
been enacted for the two Molson's sites, 2790 Vine Street and
2135 West 12th Avenue with construction on the latter expected to
start this summer. Enactment of the CD-1 zoning for the Twinpak
site is expected to occur before the end of the year.
Figure 1 - Major CD-1 Sites in AIA In 1993, Bastion-Intracorp (formerly Intrawest) filed a rezoning
application for their site on the north side of the 2100 block
West 11th Avenue. As a result of extended negotiations occurring
simultaneously on the Molson's two sites, the overall concept for
the major sites changed with a central park being replaced by a
greenway approach. Coupled with this approach was a policy
objective established in the Arbutus Neighbourhood Policy Plan
calling for closure of West 11th Avenue, as much as possible,
between Vine and Maple Streets.
APPENDIX C
PAGE 2 OF 2
This led to negotiations between City staff and Bastion-Intracorp
- regarding the possibility of a land exchange involving their
site and the City Works Yard on the south side of West 10th
Avenue, immediately to the north. Negotiations progressed
sufficiently that the Bastion-Intracorp rezoning application was
amended and together with a companion rezoning application by the
Director of Planning was approved "in principle" at Public
Hearing on May 31, 1994.
Protracted negotiations have occurred between the two companies
and City staff since that time. Soils testing has now also been
undertaken. Agreement has been reached between staff and the
companies to propose alterations to the existing rezoning by way
of a new application, the details of which are the subject of
this report.
APPENDIX D
PAGE 1 OF 2
DEVELOPMENT PROPOSALS (1994 AND 1996)
[Sketch Plans]
APPENDIX D
PAGE 2 OF 2
APPENDIX E
PAGE 1 OF 4
COMPARISONS BETWEEN APPROVED-IN-PRINCIPLE
Rezoning and Revised Proposal
Descriptive Analysis
The following descriptive analysis is supplemented on following
pages with comparative drawings showing approved or proposed
parcel boundaries and proposed public rights-of-way, followed by
a statistical comparison of the May 1994 "approved-in-principle"
rezoning and the revised proposal.
The following descriptions provide a detailed review of the
changes accommodated in the "revised proposal" of February 1996:
1. Existing lot boundaries have been utilized in order to
simplify the proposed land exchange. Depths for the West
10th Avenue and West 11th Avenue sites (Sites 3 and 2) increase from 36.6 m (120 ft.) to 38.1 m (125 ft.).
2. Adjustments to the Arbutus Street site (Site 1) are as
follows:
- the depth of the Arbutus Street site is increased by
3 m (10 ft.) to accommodate a proposed underground
parkade. This 3 m strip will be encumbered by a public
right-of-way providing for public access to sidewalks
and related boulevards. This approach has been
previously accepted on Molson's West 12th Avenue site
and the Twinpak site, both immediately south of the
subject sites; and
- FSR is increased from 1.94 FSR to 2.0 FSR to provide
for more optimum development of this parcel, including
an adequate street wall interface with Arbutus.
3. Additional adjustments to the West 11th Avenue site
(Site 2) are as follows:
- reduced in length by 7 m (23 ft.), thereby increasing
the park frontage along West 11th Avenue which will be
closed if these proposals proceed. A corner cut-off is
also dedicated to the City to provide for a smoother
transition on the proposed north-south street;
- increased in area to provide for a cul-de-sac which,
will provide for both turn-around and access to the
building on that site. Ownership of the cul-de-sac
will rest with the applicants, accompanied by
appropriate public right-of-way for both pedestrian and
bicycle access and maintenance; and
APPENDIX E
PAGE 2 OF 4
- the FSR is decreased from 3.4 FSR to 3.15 FSR as a
result of the increased site size due to addition of
the cul-de-sac.
4. Additional adjustments to the West 10th Avenue site
(Site 3) are as follows:
- increased in length by 7.62 m (25 ft.), reducing the
park frontage along West 10th Avenue; and
- FSR maintained at 2.11 FSR.
5. Site areas are adjusted to reflect the changes above.
6. Proposed public rights-of-way have been adjusted from a
uniform 3 m (10 ft.) to a uniform 1.5 m (5 ft.), plus a
triangular widening at the junction of the two sites.
The net result of these changes is an overall increase in
buildable floor space of 249 m2 (2,683 sq. ft.). Almost half of
this increase is a topping-off of the Arbutus Street site, while
the rest is a transfer of density from the West 11th Avenue site
to West 10th Avenue and maintaining FSRs as approved previously,
except as noted above.
Following are comparative sketch plans and a statistical
comparison of the two proposals.
APPENDIX E PAGE 3 OF 4
APPENDIX E
PAGE 4 OF 4
APPENDIX F
PAGE 1 OF 1
Applicant's Input
The applicant has received a copy of this report and is preparing
a response. Staff anticipate that the response will be available
at the Council meeting on June 25, 1996. Staff are forwarding
the information in this manner so as not to unnecessarily hold up
consideration of this item.
APPENDIX G
APPLICANT, PROPERTY, AND DEVELOPMENT PROPOSAL INFORMATION
APPLICANT AND PROPERTY INFORMATION
Street Address 2197 West 11th Avenue, 2625-27 Arbutus Street & 2176 West 10th Avenue
Legal Description Lots 1-7 & 11-20, Block 364, D.L. 526, Plan 4905, Group 1, N.W.D.
Applicants Bastion Dev. Ltd. and Intracorp; Director of Land Use and Development,
City of Vancouver
Architects Nigel Baldwin Architects
Property Owners 363027 B.C. Limited; City of Vancouver
Developers Bastion Development Ltd. and Intracorp; City of Vancouver Parks Board
SITE STATISTICS
GROSS DEDICATIONS NET
SITE AREA 6 768.3 m2 598.6 m2 6 169.7 m2
DEVELOPMENT STATISTICS
DEVELOPMENT PERMITTED UNDER EXISTING PROPOSED DEVELOPMENT
ZONING
ZONING M-1 CD-1
USES Various industrial, retail, service, Residential; commercial and
transportation and storage uses Arbutus Street
(outright and conditional)
DWELLING UNITS Caretaker/artist 'live/work' -
MAX. FLOOR SPACE RATIO 5.0 industrial 2.50 gross
1.0 non-industrial
MAXIMUM HEIGHT 30.5 m (100 ft.) 14.3 to 21.9 m
MAX. NO. OF STOREYS Not specified 4 and 7 storeys PARKING SPACES As per Parking By-law RM-4