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