Public Hearing Minutes - April 28, 1998

CITY OF VANCOUVER

SPECIAL COUNCIL MEETING MINUTES

April 28, 1998
A Special Meeting of the Council of the City of Vancouver was held on Tuesday, April 28, 1998, at 7:30 p.m. in the Council Chamber, Third Floor, City Hall, for the purpose of holding a Public Hearing to consider proposed amendments to the Zoning and Development By-law.
PRESENT: Mayor Philip Owen
Councillor Don Bellamy
            Councillor Jennifer Clarke
            Councillor Alan Herbert            
            Councillor Daniel Lee
            Councillor Don Lee
            Councillor Gordon Price
            Councillor George Puil
            Councillor Sam Sullivan (Items 1 and 2)   
            
ABSENT: Councillor Nancy A. Chiavario (Leave of Absence)
Councillor Lynne Kennedy (Leave of Absence)
   CLERK TO THE
   COUNCIL:      
Nancy Largent
COMMITTEE OF THE WHOLE
MOVED by Cllr. Bellamy,
SECONDED by Cllr. Puil ,
THAT this Council resolve itself into Committee of the Whole, Mayor Owen in the Chair, to consider proposed amendments to the Zoning and Development By-law.
- CARRIED UNANIMOUSLY
1. Rezoning: 735 Great Northern Way
An application by Moodie Consultants was considered as follows:
Summary: The proposed rezoning from M-2 to I-2 would permit laboratory, research, office and manufacturing uses.
The Director of Central Area Planning, on behalf of Land Use and Development, recommended approval, subject to the following conditions as proposed for adoption by resolution of Council:
(a)THAT prior to enactment of the amending By-law, at no cost to the City, the registered owner shall:

(i) prepare, obtain approval and register a subdivision plan;
(ii)execute an agreement satisfactory to the Directors of Central Area Planning and Legal Services to secure a 3.0 m (10 ft.) building setback containing 1.5 m (5 ft.) of landscaping along the eastern side of the China Creek easement;
(iii)obtain and submit to the City a copy of all soils studies and the consequential Remediation Plan approved by the Ministry of Environment and acceptable to the City;
(iv)indemnify the City and Approving Officer and its employees against any liability or costs which may be incurred as a result of the presence of contaminated soils or groundwater, 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; and
(v)execute an agreement, satisfactory to the Director of Legal Services, that there will be no occupancy of any building 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 the same evaluate the remediation).
Staff Comments
Ian Smith, Planner, briefly reviewed the purpose of the application, and responded to questions regarding possible uses if rezoned to I-2. Mr. Smith felt many developers may notyet have recognized the full potential of the I-2 zoning.
Applicant Comments
Bob Laurie, applicant's representative, reviewed the five-year process undertaken by Finning to give definition to the concept of a high amenity industrial park within an urban context, including site visits. Mr. Laurie also briefly reviewed what the owners hope to achieve through this rezoning, noting that form of development will be dealt with at a future stage.
In response to a query, Mr. Laurie reviewed existing and potential transit links to the site. There is a BNR right of way immediately to the north which is used to service the Finning operation. Mr. Laurie understood this may become available after Finning departs the site.
Summary of Correspondence
Council received no correspondence on this application.
Speakers
The Mayor called for speakers for or against this application, but none came forward.
Council Decision
MOVED by Cllr. Sullivan,
THAT the application be approved, subject to the conditions set out in this minute of the Public Hearing.
- CARRIED UNANIMOUSLY
2. Rezoning: 6238-6264 Ash Street
An application by Michael Katz Architecture & Urban Design Inc. was considered as follows:
Summary: The proposed rezoning from RT-1 to CD-1 would permit the construction of multiple dwellings with at-grade parking.
The Director of Central Area Planning, on behalf of Land Use and Development, recommended approval, subject to the following conditions as proposed for adoption byresolution of Council:
(a)THAT the proposed form of development be approved by Council in principle, generally as prepared by M. Katz, Architect, and stamped "Received City Planning Department, February 10, 1998", 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:
(i)design development based on CPTED principles to reduce opportunities for cutting through the property by gating or partially deleting pathways along the side yards;
(ii)applicant to consult with the City Arborist at the Park Board to determine planting requirements for boulevard trees;
(iii)retention of existing Hemlock tree in the front yard, with tree protection measures to be supervised by a Certified Arborist during construction;
(iv)provision of replacement trees for existing trees to be removed, to the satisfaction of the Director of Planning, in accordance with the Private Property Tree By-Law;
(v)submission of a Landscape Plan showing trees to be retained, replacement trees, landscaping along the lane and other appropriate landscaping to minimize impact on adjoining properties;
(vi)design development of main entry to improve visibility and sense of welcoming into courtyard, by potentially deleting, relocating or redesigning the security gate;
(vii)design development to improve individual identity of units entering from Ash Street at grade;
(viii)reduce massing of courtyard weather protection and replace solid with glazed cover;
(ix)stairs to the courtyard should be constructed as shown in thearchitectural rather than the landscape plan;
(x)reduce hard surfaced circulation area in the front yard;
(xi) articulation of rear decks; and
(xii) measures to assure privacy through skylights.
(c)THAT, prior to enactment of the CD-1 By-law, the registered owner shall:
(i)consolidate Lots 26 and 27 of Lot B, Block 1008, D.L. 526, Plan 10803;
(ii)make arrangements to the satisfaction of the City Engineer and Director of Legal Services for provision of sidewalks along the Ash Street frontage;
(iii)make arrangements for all electrical and telephone services to be undergrounded within and adjacent to the site from the closest existing suitable service point; and
(iv)execute a legal agreement satisfactory to the Director of Legal Services providing that owners will not discriminate against families with children in the sale of their property.
Staff Comments
Tom Phipps, Planner, briefly reviewed the application, noting it is generally consistent with the Oakridge Langara Policy Statement. Staff consider the additional height proposed to accommodate pitched roofs acceptable for that purpose. Mr. Phipps also reviewed measures intended to address neighbourhood traffic concerns, and responded to a query on the history of the underground parking requirement in RM-3.
Applicant Comments
Michael Katz, Robert Schwarz and Geoff Goodwin were present to represent the applicant and answer any questions.
Summary of Correspondence
Council received no correspondence on this application.
Speakers
The Mayor called for speakers for or against this application, but none came forward.
Council Decision
MOVED by Cllr. Bellamy,
THAT the application be approved, subject to the conditions set out in this minute of the Public Hearing.
- CARRIED UNANIMOUSLY
3. Text Amendment: 750-770 Pacific Boulevard
At the commencement of this item, Councillor Sullivan declared a conflict of interest with respect to the application, as an employee of a tenant on the site. Councillor Sullivan then left the meeting at 7:55 p.m., and did not return.
An application by Architectura was considered as follows:
Summary: The text amendment to CD-1 No. 349 and the False Creek North Official Development Plan would add retail, service, cultural and recreational, office, casino (Class 1), hotel and ancillary uses, and allow additional marina spaces.
The Director of Central Area Planning, on behalf of Land Use and Development, recommended approved, subject to the following conditions as proposed for adoption by resolution of Council:
FORM OF DEVELOPMENT
(a)THAT the proposed form of development be approved by Council in principle, generally as prepared by Architectura Waisman Dewar Grout Carter Inc. and stamped "Received, City of Vancouver Planning Department, April 1, 1997", providing that the Development Permit Board may allow alterations to this form of development when approving the detailed scheme of development as outlined in (b) below;
DESIGN
(b)THAT, prior to the final approval by Council of the form of development, the applicant shall obtain approval of a development application by the Director ofPlanning who shall have particular regard to the following:
(i)design development to the hotel form and facades to improve their visual character;
(ii)design development to the hotel and plaza arrival and entrance area that improves it’s prominence and quality and allows for the safe functional relationship of pedestrian movement with the required bicycle, car, public and tour bus, taxi accommodation and the future tram route and station;
(iii)design development to the central performance space edge that defines appropriate dimensions from adjacent functions and activities when the performance space is to be closed off, and an appropriate fence/barrier system;
(iv)design development to provide a pedestrian and bicycle route through, and around, the plaza that, among other things, accommodates the special events programming for the Plaza of Nations and to provide the necessary special signage and surface treatments to minimize any potential conflicts especially during heavy use;
(v)design development to eliminate, prior to occupancy of the hotel, the westerly and easterly surface parking with a landscape concept and treatment that reinforces the relationship with Pacific Boulevard and the adjacent buildings;
(vi)design development to the loading and garbage facilities on the easterly side of the new hotel to ensure, among other things, there is appropriate acoustical and visual screening from the adjacent site and provide adequate garbage and storage facilities for the BC Enterprise Hall and main buildings A and B;
(vii)design development to define the exterior terrace area to Mavericks Restaurant;
(viii)design development to the marine terminal dock located in front of the central plaza to accommodate a ceremonial and public arrival/departure facility, and provide some private marina uses, in conjunction with providing a public ferry dock;
(ix)design development to provide marina storage and garbage facilities;
(x)design development to eliminate the proposed tidal pool to the east side of the BC Enterprise Hall;
LANDSCAPING
(xi)THAT the applicant submit an Arborist's report on the type and condition of trees exceeding 20 cm in diameter, noting any trees recommended for removal and a maintenance program for those trees to be retained or replaced;
(NOTE TO APPLICANT: Many of the maple trees under the canopy in the main plaza are showing signs of decline and might require special maintenance measures to retain them in the longer term.)
(xii)THAT a Landscape Plan be submitted that shows the following:
A.the restoration of the planting beds, including shrubs and ground cover;
(NOTE TO APPLICANT: A number of the planting beds show pedestrian damage and decline especially in the planting beds at the entry and the "forested areas" on the property.)
B.the restoration of the paving in areas where there has been excessive settling, overuse or damage;
(NOTE TO APPLICANT: This is evident, for example, in one area of the eastern entrance to the plaza)
SURFACE PARKING LOT TREATMENT
(xiii)THAT the applicant improve the western parking lot by the "SCORE" facility to create an improved "front door to the development". This could be attained by, among other things:
A.a planting strip along Pacific Boulevard with select visual breaks to view building signage; and
B.the introduction of an active recreational component, such as a climbing wall or basketball court, to reflect the interior use and add pedestrian activity to the front of the building.
CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN (CPTED)
(xiv)design development to improve surveillance of the surrounding streets and reduce opportunities for graffiti on blank exposed walls by encouragingincreased window area and articulated surfaces carried down to the sidewalk level;
(xv)design development to reduce opportunities for theft in the underground parking; and
(NOTE TO APPLICANT: This can be achieved by providing full separation of commercial and hotel users including separate secured parking, elevator use and stair use and by providing a comprehensive security plan for the parking areas.)
AGREEMENTS
(c)THAT prior to the enactment of the proposed CD-1 text amendment the owner shall, at no cost to the City:
SHORELINE AND WALKWAY/BIKEWAY WORKS
(i)Execute agreements, satisfactory to the City Engineer and the Director of Legal Services, obligating the property owner to design and construct, at no cost to the City, the shoreline works, including a waterfront pedestrian "floating walkway" system, and a Pedestrian and Bicycle Route through the Plaza of Nations site, (collectively called "Shoreline and Walkway/Bikeway Works") to the satisfaction of the City Engineer. This agreement will include provisions that:
A.no Development Permit shall be issued in respect of any improvements to be constructed on the subject site pursuant to this rezoning until the design of the Shoreline and Walkway/Bikeway Works is completed to the satisfaction of the City Engineer;
B.the design of the Shoreline and Walkway/Bikeway Works will be completed to the satisfaction of the City Engineer prior to tendering for the construction of these works, or the commencement of construction of the Shoreline and Walkway/Bikeway Works if the property owner decides not to tender the construction;
C.no occupancy of any buildings or improvements constructed pursuant to this rezoning, other than existing buildings, shall be permitted until the Shoreline and Walkway/Bikeway Works are completed to the satisfaction of the City Engineer;
D.the property owner shall grant requisite ownership rights to the City by right-of-way, over lands containing the Shoreline and Walkway/Bikeway Works and shall grant access thereto, all to the satisfaction of the City Engineer and the Director of Legal Services and at no cost to the City;
E.the property owner shall obtain all necessary approvals and permits under the Navigable Waters Protection Act (Canada) and any ocean dumping permits which may be required by Federal authorities;
F.the property owner shall assure access to, and support of, the Shoreline Works from both the uplands and the water lots, and shall grant rights-of-way therefor as required by the City Engineer, including a blanket right-of-way over the water lots for access to the Shoreline Works for maintenance and repair purposes, all at no cost to the City;
G.the water lots shall be maintained, to the satisfaction of the City Engineer, in such a manner as to preserve the amenity value inherent in the Shoreline Works; further, the water lots are to remain unfilled and undeveloped generally in accordance with the report on Conceptual Shoreline Designs - Coal Harbour and False Creek adopted by Council on October 24, 1991; and
H.in any event, the Shoreline Works shall be completed to the satisfaction of the City Engineer prior to 5 years from the date of enactment of this rezoning.
ALTERNATE PEDESTRIAN AND BICYCLE ROUTE
(ii)Execute an agreement, satisfactory to the City Engineer and the Director of Legal Services, obligating the property owner to design and construct (at no cost to the City) an alternate public pedestrian and bicycle route (the "Alternate Pedestrian and Bicycle Route") around the Plaza of Nations site for events which require blocking off access through the Plaza of Nations site.
MAINTENANCE OF SHORELINE AND WALKWAY/BIKEWAY
(iii)Execute an agreement, satisfactory to the City Engineer and the Director of Legal Services, obligating the property owner, at no cost to the City, to maintain, repair and reconstruct the Shoreline and Walkway/Bikeway Worksand Alternate Pedestrian and Bicycle Route.
FUTURE TRAM
(iv)Execute an agreement, satisfactory to the City Engineer and the Director of Legal Services for the property owner to grant, at no cost to the City, all requisite ownership rights to the City by dedication of lands, or suitable ROW, as determined by the City Manager, to accommodate the future tram alignment.
DOCK
(v)Execute an agreement drawn to the satisfaction of the City Engineer and Director of Legal Services to provide for a ferry dock on the waterlot at a location satisfactory to the City Manager, with public access secured over the uplands, waterlot, and the ferry dock facility, all at no cost to the City; utilities that cross or run through the Shoreline Works will be subject to approval by the City Engineer; the agreement to also restrict commercial and private usage of the dock to the satisfaction of the City Manager.
SOILS REMEDIATION
(vi) The property owner shall, at no cost to the City:

A.obtain and submit to the City copies of all soils studies and a consequential Remediation Plan, approved by the Ministry of Environment; enter into or cause to be entered into by the Province of British Columbia, agreements satisfactory to the Director of Legal Services, providing for the remediation of any contaminated soils on the 750 Pacific Boulevard site in accordance with a Remediation Plan approved by the Ministry of Environment 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 on the site; and
B.submit to the City a remediation plan for any newly dedicated streets and utility rights-of-way required to serve the subject site, including utility construction plans compatible with the accepted remediation plan; together with any agreements deemed necessary by the City Engineer providing for the construction and installation of remedialworks, including monitoring systems for, among other things, water discharges and groundwater flows; and any other remedial works or systems required by the City Engineer, all to the satisfaction of the City Engineer and the Director of Legal Services.
SOILS INDEMNITY
(vii)Execute an Indemnity Agreement, satisfactory to the Director of Legal Services, providing for 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 Environment issues:
A.Confirmations of Compliance in the form appended to the Certificate of Remedial Process issued by the Ministry of Environment on September 7, 1990, certifying that the subject site, including all roads, utility corridors, open spaces and parks contained therein, have been remediated to Provincial Standards as defined in the Confirmation of Compliance relating to soil contamination arising prior to 1989; and
B.confirmation that operative provisions of the Waste Management Act, including Certificates of Compliance certifying that the subject site, including all roads, utility corridors, open spaces and parks contained therein have been remediated to Provincial standards as identified in the Certificates of Compliance relating to soil contamination arising after 1988.
PEDESTRIAN OVERPASS
(viii)Execute agreements, satisfactory to the City Engineer and the Director of Legal Services, obligating the property owner, at no cost to the City, to undertake studies concerning the design and reconstruction of the two existing sets of stairs and ramps.
These agreements will include, but not be limited to, provisions for rights of public access, construction timing and security provisions and provide that:
A.no Development Permit shall be issued in respect of any improvements to be constructed on the subject site pursuant to this rezoning until thedesign of the Pedestrian Overpasses works is completed to the satisfaction of the City Engineer;
B.the design of the Pedestrian Overpasses works will be completed to the satisfaction of the City Engineer prior to tendering for the construction of these works, or the commencement of construction of the Pedestrian Overpasses works if the property owner decides not to tender the construction;
C.no occupancy of any buildings or improvements constructed pursuant to this rezoning shall be permitted until the Pedestrian Overpasses works are completed to the satisfaction of the City Engineer; and
D.the owner shall cause all owners of proprietary interests touching or concerning the Pedestrian Overpasses to concur with any design and reconstruction of the overpasses, at no cost to the City.
SERVICES AGREEMENT
(ix)Execute an agreement, to the satisfaction of the City Engineer and the Director of Legal Services, to provide rights-of-way to accommodate all City underground utility mains and fire hydrants and to ensure the sidewalk areas are maintained as an Expo legacy area (as per Council approval on April 10, 1990), False Creek Public Realm.
SITE ACCESS/DROP OFF
(x)Execute an agreement, satisfactory to the City Engineer and Director of Legal Services, to complete a traffic study dealing with the plaza arrival and hotel entrance areas to ensure all users are accommodated safely, including without limitation, pedestrians, bicycle, cars, buses and future tram services.
PERFORMANCE SPACE
(xi)THAT, prior to the enactment of the CD-1 By-law, the registered owner shall, at no cost to the City:
A.Execute an agreement, satisfactory to the City Manager and Director of Legal Services which will ensure the availability of the plaza area performance space and the provision of ancillary support areas and performance equipment related to the use of these areas (all of theforegoing being called the "Performance Facilities"), for both commercial users, and non-profit organizations; the use of the Performance Facilities by non-profit organizations (which would include social service, community and cultural organizations) shall be at no cost to the organizations or the City and be available for no fewer than 3 days per month, which would include a balance of weekday, weekend and evening hours, and include a process for advertising and booking the performance space; and
B.Execute an agreement to grant public rights-of-way satisfactory to the City Manager and City Engineer, over such portions of the Plaza of Nations site that the City determines are necessary and related to the public use of the Performance Facilities.
PUBLIC ART
(xii)Execute an agreement, satisfactory to the City Manager and Director of Legal Services, for the provision of public art in accordance with the City’s Public Art Policy, but which shall not apply to existing buildings, such agreement to provide for security in a form and amount satisfactory to the aforesaid mentioned officials.
FLOODPLAIN
(xiii)Execute a floodplain covenant, satisfactory to the Director of Legal Services and the City Building Inspector and, if necessary, the Ministry of Environment relating to construction of improvements on the lands.
OUTFALLS
(xiv)Execute an agreement satisfactory to the Director of Legal Services and the City Engineer permitting the depositing of deleterious material from sewer outfalls onto the Plaza of Nations lands (waterlot and uplands).
PARKING
(xv)Execute an agreement satisfactory to the City Engineer and the Director of Legal Services permitting the applicant to pay an amount per space in lieu of the required parking. The required number of parking stalls shall be determined in accordance with the principles set out in Appendix D hereof and approved by the City Engineer. The amount to be paid per space shall beapproved by City Council.
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, without limitation, indemnities, warrantees, equitable charges, letters of credit and withholding of permits, as deemed necessary by, and in a form satisfactory to the Director of Legal Services.
Staff Comments
Jonathan Barrett, Planner, reviewed the particulars of the proposal for the Plaza of Nations site. At the time this application was referred to Public Hearing, six main issues had not been resolved with the applicant (set out in a Policy Report dated March 17, 1998, on file). Of these, two issues have now been resolved:
·Parking - payment-in-lieu will be accepted for the shortfall;
·Public Art - the applicant will meet the public art requirement for the additional density.

Four issues remain unresolved:
·Pedestrian-Bicycle Routes -staff are proposing a defined primary pedestrian and bicycle route through the Plaza along the south perimeter of the performance space, a floating walkway around the prow of BC Enterprise Hall as a secondary pedestrian route, and a secondary bicycle route along Pacific Boulevard, with details of the routes to be worked out during the form-of-development stage. The primary route and floating walkway are not acceptable to the applicant;
·Central Plaza Performance Space -staff are proposing requirements covering performance space functions, as well as community use 3 days per month to include performance space, use of equipment and ancillary support space. The applicant is opposed to all the proposed requirements;
·Marine Terminal - staff support public use of the proposed marine terminal dock to be shared by ferries and charter boats berthing for no more than 24 hours to load and unload passengers. The applicant wishes to keep the marine terminal dock for private use and proposes a ferry dock to the west of the site for public use;
·Overpasses - staff propose that the owner bear the costs for changes to the existing overpasses linking the Plaza to BC Place Stadium. The owner does not wish to pay the full cost
Mr. Barrett reviewed the rationale for the staff recommendations, as discussed in the Policy Report, including references to the False Creek North Official Development Plan, and policies related to waterfront access. Responding to questions, Mr. Barrett confirmed that the floating walkway would not be accessible to persons with disabilities or to cyclists, and would have to be closed for some events. However, it would be one of few places where pedestrians are actually able to get down to the waterline. There are few opportunities to achieve such amenities other than rezonings. Safety concerns would be no different than for other walkway areas, and a floating walkway may well be safer than some fixed locations. A 15-foot walkway should not impact negatively on the aesthetics of the building.
Brent MacGregor, Deputy City Engineer, responded to questions regarding the proposed routes, and confirmed that as public rights-of-way, it would be necessary to apply for permission to close them during events. The applicable procedures were outlined. Mr. MacGregor also described the grade of the proposed walkway, which would afford quite spectacular views. Costs for the overpasses were clarified, noting relocation will be required to allow for the tramway, but there are various options which still need to be discussed.
Applicant Comments
Clive Grout, Architectura, and Daisen Gee Wing, representing the property owner, confirmed agreement has been reached on the parking and public art issues, and addressed the remaining areas of disagreement between staff and the applicant. Some of the main points follow:
·Overpasses - It is recognized that changes are needed, and the owner is willing to pay for design costs, but believes the costs of relocation should be borne equally by the City, BC Pavilion Corporation as owner of BC Place, and the Plaza of Nations. The overpass is owned by BC Pavilion Corporation, and the relocation is required to make possible a future tram, a City initiative, so it is unfair to expect the owner to bear all the costs.
·Marine Terminal - there was no objection to public uses of the marine terminal dock on ceremonious occasions, provided it does not interfere with an event. However, with some 200 events scheduled per year, many of which will utilize the dock, there will be congestion problems and related safety issues for docking ferries. It is important not to restrict public access; therefore, an additional ferry dock is proposed at the westerly edge of the site, to be constructed at the applicant's cost;
·Central Plaza Performance Space - the owners recognize there is a commitment to public use of the Plaza, and are prepared to make it available for community use on a basis to be negotiated with the City. However, the Plaza is a privately owned business, with fiduciary responsibilities, and should not have the growth of that business inhibited by onerous requirements for free public use, such as the requirement to provide additional staging space and equipment. The Plaza does not own equipment of the many varieties which may be required, and storage would be a concern. The number of free uses proposed, which may conflict with private bookings, was also a concern. It was noted the owners already provide free use of the plaza for a number of cultural events;
·Floating Walkway - the applicant strongly objected to a floating walkway around the prow of BC Enterprise Hall. At low tide, the walkway would pass marine debris-encrusted concrete panels, and would not feel comfortable at the base of a 90 foot tower. The walkway would not enhance the waterfront experience, and raises safety concerns because it is small and isolated from the main routes. It would also be necessary to restrict access to the floating walkway on many event days. There were also objections raised on aesthetic grounds, and on the basis that the walkway would interfere with the design of an Expo 86 legacy building. Design details were reviewed, and it was noted the budget provides for high quality detailing. It was also noted that the Urban Design Panel had been unanimous in not approving the floating walkway.
·Other Pedestrian-Bicycle Route issues - there was no objection to a route through the plaza, but the route proposed by staff goes through the staging area which supports plaza events. The frequency of such events was re-iterated. It would inconvenience the public and make no sense to choose a route requiring continual closures, and would inconvenience the owners to have to continually apply for permission to close the route. A route around the north side of the performance space along the commercial edge would be preferable. It was acknowledged there will have to be further discussion regarding the secondary bicycle route on Pacific Boulevard to resolve congestion and other issues.
Summary of Correspondence
The following correspondence was received regarding this application:
·two letters in support of the application;
·two letters opposed to the application.
Mr. Barrett indicated he had just received an additional letter in support of the proposed floating walkway.
Speakers
Three speakers were heard on this application:
Mike Russo, charter boat owner, supported the provision of additional docking facilities for charter boats. Business is growing at the same time as space is disappearing, jeopardizing business investments. It is difficult for large boats to find moorage.
Thomas Nichols, Save Our Parkland, supported approval of the floating walkway. The issue is one of public access versus design and legacy issues, and this may be the only opportunity to achieve waterfront access on the North Shore of False Creek. Mr. Nichols did not feel congestion and cross traffic would be issues with a floating walkway.
Ian Lee, East Meets West, acknowledged the Plaza of Nations' support for the Chinese New Year Festival. It has been necessary to utilize the area behind the stage for the Chinese Market, closing off public access, but the Festival has received no complaints from visitors who were required to use the route proposed by the owners.
The Mayor called for any additional speakers for or against the application, but none came forward.
Staff Closing Comments
Mr. Barrett, Mr. MacGregor, and Burke Taylor, Director, Office of Cultural Affairs, answered questions or otherwise responded to the foregoing. Following are some of the points made:
·Many of the design issues raised can be dealt with in the development permit stage. It has not been possible to do detailed design work and produce specific solutions on these issues, yet, because of the applicant's discomfort with some of the staff proposals.
·The Conditions of Approval require that design studies and any work required on the overpasses be done at no cost to the City. It is not possible to determine, at this stage, whether the BC Pavilion Corporation would be willing to cost-share.
·Staff believe that a bike route design through the Plaza can be worked out so as notto interfere with staging areas. Also, the majority of events do not require a great deal of staging room. Taking the route along the face of the retail area would dramatically increase potential for conflict.
·It will not be necessary for the Plaza of Nations to make a separate application for every route closure. GM Place, for example, operates several hundred days per year, and its schedule of closures is approved on an annual basis with adjustments as required. In addition, closures will not be required for smaller events.
·If the floating walkway is not approved, it will be the only discontinuous portion of waterfront walkway along the north shore of False Creek. It would also provide an option other than Pacific Boulevard when the Plaza is closed. The relevant policies pertaining to waterfront access and the False Creek North ODP were reiterated.
·Staff recommend that the floating marine dock be in the centre of the Plaza rather than to one side, and believe public and private uses can be successfully combined. It may be necessary to reconfigure some events in order to achieve this. It is contrary to Council policy to have marina space there at all, so staff feel it should be as public as possible.
·The City is requesting 3 days per month for community use, including support space as would be required by any other event, nothing additional. The equipment requirement also refers only to equipment which the Plaza would normally have on hand and provide for any event. Any additional technology required would be provided by the producer. There is no intention to use privately booked days, and selection would be negotiated with the Plaza. A reasonable amount of lead time for bookings, say 6 months, will be necessary.
·Council will be approving a 600 room hotel if this application is approved. Although this Public Hearing has focussed largely on areas of disagreement, it was noted much has already been agreed upon. If necessary, staff will report back to Council on any issues.
Applicant Closing Comments
The representatives declined the opportunity for further comment.
Council Decision
Following are some of the main points made by Council in discussing this application:
·Some members felt the vision of a continuous waterfront walkway should be pursued in this case, and supported the proposed floating walkway. However, other members cited safety concerns, felt the walkway would be inappropriate to the design of the legacy building, or were concerned that it would be isolated, inaccessible to the disabled, and closed many days of the year.
·It was Council's understanding that all costs for the overpass should be borne by the applicant.
·Council agreed that a pedestrian-bicycle right-of-way crossing the Plaza is mandatory. However, it was felt that since a decision on the best route involves a number of complicating factors, staff should discuss the issue and possible design solutions further with the applicant and report back.
·Council was concerned that a combined marine dock and ferry dock would result in congestion on event days, impeding access to the site. It was felt that a separate ferry dock would be acceptable, and that it could also be used by non-motorized water craft.
·One member felt the requirement of 3 public use days per month was too onerous, but the remainder of Council did not, and the requirement proposed by staff was supported.
MOVED by Cllr. Daniel Lee,
THAT the Plaza of Nations be required to donate 6 days per year for community use, rather than 3 days per month.
- LOST
(Councillors Bellamy, Clarke, Herbert, Don Lee,
Price, Puil and the Mayor opposed)
MOVED by Cllr. Clarke,
THAT it be understood that Council supports a separate public dock at the west end of the site to serve for ferries and non-motorized watercraft.
- CARRIED UNANIMOUSLY
MOVED by Cllr. Clarke,
THAT staff undertake a detailed plan for the central plaza area and report back to Council at the Development Permit stage, taking into account the pedestrian and bicycle routes and the support functions and activities for the central performance area.
- CARRIED UNANIMOUSLY
MOVED by Cllr. Herbert.
THAT there be no floating waterfront walkway, and that the conditions of approval be amended accordingly as follows:
FORM OF DEVELOPMENT
(a)THAT the proposed form of development be approved by Council in principle, generally as prepared by Architectura Waisman Dewar Grout Carter Inc. and stamped "Received, City of Vancouver Planning Department, April 1, 1997, providing that the Development Permit Board may allow alterations to this form of development when approving the detailed scheme of development as outlined in (b) below;
DESIGN
(b)THAT, prior to the final 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:
(i)design development to the hotel form and facades to improve their visual character;
(ii)design development to the hotel and Plaza arrival and entrance area that improves its prominence and quality and allows for the safe functional relationship of pedestrian movement with the required bicycle, car, public and tour bus, taxi accommodation and the future tram route and station;
(iii)design development to the central performance space edge that defines appropriate dimensions from adjacent functions and activities when the performance space is to be closed off and an appropriate fence/barrier system;
(iv)design development to provide a pedestrian and bicycle route through, and around, the central plaza that, among other things, accommodates the special events programming for the Plaza of Nations and to provide the necessary special signage and surface treatments to minimize any potential conflicts especially during heavy use;
(v)design development to eliminate, prior to occupancy of the hotel, the westerly and easterly surface parking with a landscape concept and treatment that reinforces the relationship with Pacific Boulevard and the adjacent buildings;
(vi)design development to the loading and garbage facilities on the easterly side of the new hotel to ensure, among other things, there is appropriate acoustical and visual screening from the adjacent site and provide adequate garbage and storage facilities for the BC Enterprise Hall and main buildings A and B;
(vii)design development to define the exterior terrace area to Mavericks Restaurant;
(viii)design development to the marine terminal dock located in front of the central plaza to accommodate a ceremonial and public arrival/ departure facility, and provide some private marina uses~~, in conjunction with providing a~~ ~~public~~ ~~ferry dock~~;
(ix)design development to provide a public ferry dock at the westerly edge of the site which also accommodates non-motorized water craft;
(x)design development to provide marina storage and garbage facilities;

(xi)design development to eliminate the proposed tidal pool to the east side of the BC Enterprise Hall;
LANDSCAPING
(xii)THAT the applicant submit an Arborist's report on the type and condition of trees exceeding 20 cm in diameter, noting any trees recommended for removal and a maintenance program for those trees to be retained or replaced;
(NOTE TO APPLICANT: many of the maple trees under the canopy in the main plaza are showing signs of decline and might require special maintenance measures to retain them in the longer term.)
(xiii)THAT a Landscape Plan be submitted that shows the following:
A.the restoration of the planting beds including shrubs and ground cover.
(NOTE TO APPLICANT: a number of the planting beds show pedestrian damage and decline especially in the planting beds at the entry and the "forested areas" on the property.)
B.the restoration of the paving in areas where there has been excessive settling, overuse or damage; and

(NOTE TO APPLICANT: this is evident, for example, in one area of the eastern entrance to the Plaza)
SURFACE PARKING LOT TREATMENT
(xiv)THAT the applicant improve the western parking lot by the "SCORE" facility to create an improved "front door to the development". This could be attainedby, among other things :
A.a planting strip along Pacific Boulevard with select visual breaks to view building signage;
B.the introduction of an active recreational component, such as a climbing wall or basketball court, to reflect the interior use and add pedestrian activity to the front of the building;
CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN (CPTED)
(xv)design development to improve surveillance of the surrounding streets and reduce opportunities for graffiti on blank exposed walls by encouraging increased window area and articulated surfaces carried down to the sidewalk level;
(xvi)design development to reduce opportunities for theft in the underground parking; and
Note to Applicant: This can be achieved by providing full separation of commercial and hotel users including separate secured parking, elevator use and stair use and by providing a comprehensive security plan for the parking areas.)
AGREEMENTS
(c)That prior to the enactment of the proposed CD-1 text amendment the owner shall, at no cost to the City:
SHORELINE ANDWALKWAY/BIKEWAY WORKS
(i)Execute agreements, satisfactory to the City Engineer and the Director of Legal Services, obligating the property owner to design and construct, at no cost to the City, the shoreline works, ~~including a waterfront pedestrian~~ ~~"floating walkway" system,~~ and a Pedestrian and Bicycle Route through the Plaza of Nations site, (collectively called "Shoreline and Walkway/Bikeway Works) to the satisfaction of the City Engineer. This agreement will include provisions that:
A.no Development Permit in respect of any improvements to be constructed on the subject site pursuant to this rezoning shall be issued until the design of the Shoreline and Walkway/Bikeway Works iscompleted to the satisfaction of the City Engineer;
B.the design of the Shoreline and Walkway/Bikeway Works will be completed to the satisfaction of the City Engineer prior to tendering for the construction of these works, or the commencement of construction of the Shoreline and Walkway/Bikeway Works if the property owner decides not to tender the construction;
C.no occupancy of any buildings or improvements constructed pursuant to this rezoning, other than existing buildings, shall be permitted until the Shoreline and Walkway/Bikeway Works are completed to the satisfaction of the City Engineer;
D.the property owner shall grant requisite ownership rights to the City by right-of-way, over lands containing the Shoreline and Walkway/Bikeway Works and shall grant access thereto, all to the satisfaction of the City Engineer and the Director of Legal Services and at no cost to the City;
E.the property owner shall obtain all necessary approvals and permits under the Navigable Waters Protection Act (Canada) and any ocean dumping permits which may be required by Federal authorities;
F.the property owner shall assure access to, and support of, the Shoreline Works from both the uplands and the water lots, and shall grant rights-of-way therefor as required by the City Engineer, including a blanket right-of-way over the water lots for access to the Shoreline Works for maintenance and repair purposes, all at no cost to the City;
G.the water lots shall be maintained, to the satisfaction of the City Engineer, in such a manner as to preserve the amenity value inherent in the Shoreline Works; further, the water lots are to remain unfilled and undeveloped generally in accordance with the report on Conceptual Shoreline Designs - Coal Harbour and False Creek adopted by Council on October 24, 1991;
H.in any event, the Shoreline Works shall be completed to the satisfaction of the City Engineer prior to 5 years from the date of enactment of this rezoning.
ALTERNATE PEDESTRIAN AND BICYCLE ROUTE
(ii)Execute an agreement, satisfactory to the City Engineer and the Director of Legal Services, obligating the property owner to design and construct (at no cost to the City) an alternate public pedestrian and bicycle route (the "Alternate Pedestrian and Bicycle Route") around the Plaza of Nations site for events which require blocking off access through the Plaza of Nations site.
MAINTENANCE OF SHORELINE AND WALKWAY/BIKEWAY
(iii)Execute an agreement, satisfactory to the City Engineer and the Director of Legal Services, obligating the property owner, at no cost to the City, to maintain, repair and reconstruct the Shoreline and Walkway/Bikeway Works and Alternate Pedestrian and Bicycle Route.
FUTURE TRAM
(iv)Execute an agreement, satisfactory to the City Engineer and the Director of Legal Services for the property owner to grant, at no cost to the City, all requisite ownership rights to the City by dedication of lands, or suitable ROW, as determined by the City Manager, to accommodate the future tram alignment.
FERRY DOCK
(v)Execute an agreement drawn to the satisfaction of the city Engineer and Director of Legal Services to provide for a ferry dock on the waterlot at a location satisfactory to the City Manager, with public access secured over the uplands, waterlot, and the ferry dock facility, all at no cost to the City; utilities that cross or run through the Shoreline Works will be subject to approval by the City Engineer; ~~the agreement to also restrict commercial and private usage~~ ~~of the dock to the satisfaction of the City Manager.~~
CEREMONIAL DOCK
(vi)Execute an agreement drawn to the satisfaction of the City Engineer and Director of Legal Services to provide for a ceremonial dock on the waterlot at a location satisfactory to the City Manager, with public access secured over the uplands, waterlot, and the ceremonial dock facility, all at no cost to the City; utilities that cross or run through the Shoreline Works will be subject to approval by the City Engineer; the agreement to also restrict commercial and private usage of the dock to the satisfaction of the City Manager.
SOILS REMEDIATION
(vii) The property owner shall, at no cost to the City:
A.obtain and submit to the City copies of all soils studies and a consequential Remediation Plan, approved by the Ministry of Environment; enter into or cause to be entered into by the Province of British Columbia, agreements satisfactory to the Director of Legal Services, providing for the remediation of any contaminated soils on the 750 Pacific Boulevard site in accordance with a Remediation Plan approved by the Ministry of Environment 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 on the site;
B.submit to the city a remediation plan for any newly dedicated streets and utility rights-of-way required to serve the subject site, including utility construction plans compatible with the accepted remediation plan; together with any agreements deemed necessary by the City Engineer 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 Engineer, all to the satisfaction of the City Engineer and the Director of Legal Services;
SOILS INDEMNITY
(viii)Execute an Indemnity Agreement, satisfactory to the Director of Legal Services, providing for 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 Environment issues:
A.Confirmations of Compliance in the form appended to the Certificate of Remedial Process issued by the Ministry of Environment on September 7, 1990, certifying that the subject site, including all roads, utility corridors, open spaces and parks contained therein, have been remediated to Provincial Standards as defined in the Confirmation of Compliancerelating to soil contamination arising prior to 1989; and
B.confirmation that operative provisions of the Waste Management Act, including Certificates of Compliance certifying that the subject site, including all roads, utility corridors, open spaces and parks contained therein have been remediated to Provincial standards as identified in the Certificates of Compliance relating to soil contamination arising after 1988.
PEDESTRIAN OVERPASSES
(ix)Execute agreements, satisfactory to the City Engineer and the Director of Legal Services, obligating the property owner, at no cost to the City, to undertake studies concerning the design ~~and reconstruction~~ of the two existing sets of stairs and ramps, and the owner to undertake the cost of any necessary reconstruction resulting from the studies. These agreements will include, but not be limited to, provisions for rights of public access, construction timing and security provisions and provide that:
A.no Development Permit in respect of any improvements to be constructed on the subject site pursuant to this rezoning shall be issued until the design of the Pedestrian Overpasses works is completed to the satisfaction of the City Engineer;
B.the design of the Pedestrian Overpasses works will be completed to the satisfaction of the City Engineer prior to tendering for the construction of these works, or the commencement of construction of the Pedestrian Overpasses works if the property owner decides not to tender the construction;
C.no occupancy of any buildings or improvements constructed pursuant to this rezoning shall be permitted until the Pedestrian Overpasses works are completed to the satisfaction of the City Engineer;
D.the owner shall cause all owners of proprietary interests touching or concerning the pedestrian overpasses to concur with any design and reconstruction of the overpasses, at no cost to the City.
SERVICES AGREEMENT
(x)Execute an agreement, to the satisfaction of the City Engineer and the Directorof Legal Services, to provide rights-of-way to accommodate all City underground utility mains and fire hydrants and to ensure the sidewalk areas are maintained as an Expo legacy area (as per Council approval on April 10, 1990), False Creek Public Realm.
SITE ACCESS/DROP OFF
(xi)Execute an agreement, satisfactory to the City Engineer and Director of Legal Services, to complete a traffic study dealing with the Plaza arrival and hotel entrance areas to ensure all users are accommodated safely, including without limitation, pedestrians, bicycle, cars, buses and future tram services.
PERFORMANCE SPACE
(xii)That, prior to the enactment of the CD-1 By-law, the registered owner shall, at no cost to the City:
A.Execute an agreement, satisfactory to the City Manager and Director of Legal Services which will ensure the availability of the Plaza area performance space and the provision of ancillary support areas and performance equipment related to the use of these areas (all of the foregoing being called the "Performance Facilities"), for both commercial users, and non-profit organizations; the use of the Performance Facilities by non-profit organizations (which would include social service, community and cultural organizations) shall be at no cost to the organizations or the City and be available for no fewer than 3 days per month, which would include a balance of weekday, weekend and evening hours, and include a process for advertising and booking the performance space;
B.Execute an agreement to grant public rights-of-way satisfactory to the City Manager and City Engineer, over such portions of the Plaza of Nations site that the City determines are necessary and related to the public use of the Performance Facilities.
PUBLIC ART
(xiii)Execute an agreement, satisfactory to the City Manager and Director of Legal Services, for the provision of public art in accordance with the City’s Public Art policy, but which shall not apply to existing buildings, such agreement to provide for security in a form and amount satisfactory to the aforesaidmentioned officials;
FLOODPLAIN
(xiv)Execute a floodplain covenant, satisfactory to the Director of Legal Services and the City Building Inspector and, if necessary, the Ministry of Environment relating to construction of improvements on the lands.
OUTFALLS
(xv)Execute an agreement satisfactory to the Director of Legal Services and the City Engineer permitting the depositing of deleterious material from sewer outfalls onto the Plaza of Nations lands (waterlot and uplands).
PARKING
(xvi)Execute an agreement satisfactory to the City Engineer and the Director of Legal Services permitting the applicant to pay an amount per space in lieu of the required parking. The required number of parking stalls shall be determined in accordance with the principles set out in Appendix D hereof and approved by the City Engineer. The amount to be paid per space shall be approved by City Council.
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, without limitation, indemnities, warrantees, equitable charges, letters of credit and withholding of permits, as deemed necessary by, and in a form satisfactory to the Director of Legal Services.
- CARRIED
(Councillors Bellamy, Don Lee and Puil opposed to deletion of the Floating Walkway)
Italics denotes amendment
MOVED by Cllr. Puil,
THAT the application be approved, subject to the conditions of approval set out in this minute of the Public Hearing, as amended.
- CARRIED UNANIMOUSLY
RISE FROM COMMITTEE OF THE WHOLE
MOVED by Cllr. Bellamy,

THAT the Committee of the Whole rise and report.

-CARRIED UNANIMOUSLY
ADOPT REPORT OF COMMITTEE OF THE WHOLE
MOVED by Cllr. Bellamy,
SECONDED BY Cllr. Puil,

THAT the report of the Committee of the Whole be adopted, and the Director of Legal Services be instructed to prepare and bring forward the necessary by-law amendments.

- CARRIED UNANIMOUSLY
The Special Council adjourned at 9:25 p.m.
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