PUBLIC HEARING AGENDA

DATE:	Tuesday, October 19, 1999
TIME:	7:30 p.m.
PLACE:	Council Chamber Third Floor, City Hall, 453 West 12th Avenue

PLEASE NOTE:
Decisions arising from the meeting.
Minutes are available on the web site within one week following the meeting.

1. Text Amendment: 6184 Ash Street & 951 Boundary Road

Policy Report dated September 7, 1999, refers.

Summary: The proposed amendment would allow fewer ground access units at 6184 Ash Street and additional floor area exclusions at 951 Boundary Road.

Applicant: Director of Current Planning

Recommended Approval: By the Director of Current Planning

2. Text Amendment: 3624 Fraser Street

Policy Report dated August 30, 1999, refers.

Summary: To allow church, public authority, community centre and library in conjunction with community centre as permitted uses on the site.

Applicant: Gospel Church in Christ

Recommended Approval: By the Director of Current Planning, subject to the following conditions as proposed for adoption by resolution of Council:

(a) THAT prior to enactment of the amending by-law, the registered owner shall enter into an agreement to the satisfaction of the Director of Legal Services, the GeneralManager of Engineering Services and the Medical Health Officer, agreeing to deal with the following matters at the development application stage:

(i) clarify to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services all charges shown on title (a charge summary should be provided); and

(ii) development permit applications involving change of use shall require evidence in the form of a report and recommendations prepared by a person trained in acoustics and current techniques of noise measuring that assesses potential noise impacts on the residential units in the building and adjacent neighbours and proposes mitigation measures as required. The report and mitigation measures will be to the satisfaction of the Medical Health Officer.

3. Text Amendment: 2177 West 42^nd Avenue

Policy Report dated August 23, 1999, refers.

Summary: To allow the administrative offices of a non-profit society as a permitted use on the site.

Applicant: Royal Canadian Legion Branch No. 30

Recommended Approval: By the Director of Current Planning

4. Text Amendment: 2720 East 48^th Avenue

Policy Report dated August 30, 1999, refers.

Summary: To permit the replacement of seniors care and housing with a new multi-level care facility.

Applicant: Dalla-Lana Griffen Dowling Knapp Architects

Recommended Approval: By the Director of Current Planning, subject to the following conditions as proposed for adoption by resolution of Council:

(a) THAT the proposed form of development be approved by Council in principle, generally as prepared by Dalla-Lana Griffin Dowling Knapp Architects and stamped "Received City Planning Department, May 26, 1999", 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 to soften the grade transition between the main floor down to West 49th Avenue and the property to the west;

Note to Applicant: Details of planters and landscaping are required to clarify treatment.

(ii) design development to take into consideration the principles of Crime Prevention Through Environmental Design (CPTED), having particular regard to reducing opportunities for:

… theft and vandalism by ensuring the site is not used for cutting through and that the parking exit stairs are not visible to non-residents.

(iii) provision of dimensioned tree protection barriers (illustrated on the Landscape Plan) around all existing trees 20 cm caliper or greater to be retained on the development site, all neighbouring trees 20 cm caliper or greater located within 2.0 m of the property line and around all existing street trees located adjacent to the development site as per City of Vancouver Guidelines;

(iv) provision of a detailed landscape plan clearly illustrating:

A. both common and botanical name, size and quantity of all proposed plant material, and

B. all existing trees 20 cm caliper or greater (with clarification as to which trees are to be removed or retained).

(v) provision of layered foundation planting along the 48th Avenue elevation of the building;

(c) THAT, prior to enactment of the CD-1 By-law, and at no cost to the City, the registered owner shall:

(i) make suitable arrangements to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services for the following:

A. widening of the existing utility right-of-way that passes through the site from ten feet to fifteen feet wide (no permanent portion of the proposed development should be within this widened right-of-way);

B. provision of a sidewalk on the west side of Vivian Street for the fulllength of the site; and

C. provision of street trees on Vivian Street adjacent the site and on 48th and 49th Avenues where space permits;

(ii) provide clarification of charges shown on title (a charge summary should be provided);

(iii) make suitable arrangements for all new electrical and telephone services to be undergrounded within and adjacent the site from the closest existing suitable service point including a review of overhead plant upgrading that may be necessary to serve this project in order to determine its impact on the surrounding neighbourhood (this may result in the telephone and/or electrical service points being changed in order to reduce the impact on the neighbourhood); and

(iv) enter into an agreement, to the satisfaction of the Manager, Housing Centre and Director of Legal Services, providing that the owner of the development shall not strata-title any of the buildings developed on the property.

5. Text Amendment: 2799 Yew Street [2790 Vine Street]

Policy Report dated August 31, 1999, refers.

Summary: To permit Special Needs Residential Facility-Congregate Housing as a permitted use on the site.

Applicant: Rene Rose, Concert Properties Ltd.

Recommended Approval: By the Director of Current Planning, subject to the following conditions as proposed for adoption by resolution of Council:

(a) 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 safety enhancements:

… provide for horizontal exiting by having a minimum two fire compartments within a floor area;
… the fire alarm system should incorporate other signals to supplement the audibility within suites; in accordance with the Vancouver Building By-law as described in sentence 3.2.4.20.(7) [proposed 1999 version];
… provide a fire safety plan that includes staff assistance to residents in case of emergency;
… provide emergency power of a minimum of one hour duration; and
… provide a fire fighter's elevator in buildings that are above three storeys to assist with evacuation.

Note to Applicant: The building's life safety systems should take into account the eventual change in the mental and/or physical state of the residents, and provide a safe environment for them.

(b) THAT prior to enactment of the amending by-law, the owner shall enter into an agreement to the satisfaction of the Director of Legal Services, the Manager of the Housing Centre and the Director of Social Planning, agreeing to deal with the following matters at the development application stage:

1. clarification of the rights of strata owners and tenants in a mixed strata/rental situation as proposed;
2. clarification of administration and voting rights of the two groups within the strata, as well as administration and access to amenities;
3. overall plan for dealing with individual and group emergencies, including use of a variety of call systems, personal pendants and/or special telephones, and areas of refuge;

4. life safety enhancements, including on-site, 24-hour emergency response; and
5. general design in accordance with draft congregate housing guidelines.

(c) THAT prior to enactment of the amendment, the non-discrimination clause related to families for all sites in this CD-1 be altered to eliminate this site.

6. Rezoning: 600 Nicola Street

Policy Report dated September 8, 1999, refers.

Summary: To rezone the site and amend the Coal Harbour Official Development Plan to permit the development of a commercial, residential and "live/work" building.

Applicant: Henriquez Partners

Recommended Approval: By the Director of Current Planning, subject to the following conditions as proposed for adoption by resolution of Council:

NOTE: These are draft conditions which are subject to change and refinement by staff prior to the finalization of the agenda for the public hearing.

(a) THAT the proposed form of development be approved by Council in principle, generally as prepared by Henriquez Partners, Architects and stamped "Received, City Planning Department, July 9, 1999" provided that the Director of Planning may allow minor alterations to this form of development when approving the detailed scheme ofdevelopment 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 to the treatment of the lower street base portion of the building facades, to be primarily finished with masonry, stone or concrete articulated to reflect maritime structures occurring on major urban waterfronts, consistent with guidelines approved for the adjacent Marina neighbourhood.

Note to Applicant: Consideration should be given to the use of strong brick or stone masonry or concrete frames with a fine grain detailing and articulation at ground level.

(c) THAT, prior to enactment of the amending By-law, and at no cost to the City, the registered owner shall:

(i) Register agreements to the satisfaction of the Director of Planning and the Director of Legal Services, providing easements in favour of owners of two abutting sites - site number 1 encompassing Lots 4,5 and 6 and site number 2 encompassing Lot A to provide exiting from the rear of each of the existing buildings on these sites across lot 7 to the north if exiting requirements of the Vancouver Building By-law cannot reasonably be met in another way, and giving the City a Section 219 covenant by which the Owner agrees to not hinder use of the easements.

(ii) Make suitable arrangements, to the satisfaction of the General Manager of Engineering Services, for all electrical and telephone services to be underground within and adjacent to the site from the closest, existing suitable service point.

(iii) Obtain and submit to the City copies of all soils studies and the consequential Remediation Plan for the subject site, approved by the Ministry of Environment and acceptable to the City. Execute agreements satisfactory to the Director of Legal Services and City Manager, in consultation with appropriate Department Heads, obligating the property owner to remediate to the satisfaction of the Ministry of Environment any contaminated soils on the subject site in accordance with a Remediation Plan approved by the Ministry of Environment and acceptable to the City.

(iv) Execute agreements satisfactory to the Director of Legal Services and City Manager, in consultation with appropriate Department Heads obligating the property owner to indemnify the City, its employees against any liability or costs which may be incurred as a result of the presence of contaminated soilson the subject site, including costs arising as a result of any failure to carry out the aforementioned approved Remediation Plan and provide such security for the indemnity to the satisfaction of the Director of Legal Services;

(v) As required by the City Engineer and the City's Director of Legal Services in their discretion, do all things and/or enter into such agreements deemed necessary to fulfill the requirements of Section 571(B) of the Vancouver Charter.

(vi) Execute a Section 219 Covenant, satisfactory to the Director of Legal Services, that there will be no occupancy of any buildings or improvements on the subject site constructed pursuant to this rezoning until the contaminated soils on the subject site have been remediated to the satisfaction of the Ministry of Environment in accordance with a Remediation Plan approved by the Ministry of Environment and acceptable to the City.

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 indemnities, warranties, equitable charges, letters of credit and withholding of permits, as deemed necessary 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.

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(c) 1998 City of Vancouver