AMENDED BY COUNCIL APRIL 23, 1996

CITY OF VANCOUVER

SPECIAL COUNCIL MEETING

A Special Meeting of the Council of the City of Vancouver was held on Thursday, March 28, 1996, at 7:30 p.m., in the Council Chamber, Third Floor, City Hall, for the purpose of holding a Public Hearing to amend the Zoning and Development By-law.

Subsequently, the meeting reconvened at 7:30 p.m., on Tuesday, April 2, 1996.

PRESENT: Mayor Owen

Councillors Bellamy, Hemer, Kennedy, Kwan,

Price, Puil and Sullivan

ABSENT: Councillor Chiavario (Leave of Absence)

Councillor Clarke (Leave of Absence)
Councillor Ip (Leave of Absence)

CLERK TO THE COUNCIL: Gary MacIsaac

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

The minutes represent a consolidated record of the proceedings over the two evenings.

1. Rezoning: 500 Pacific Street

(Beach Neighbourhood East)

An application by the Hulbert Group International Inc., on behalf of Concord Pacific Developments Corporation, was considered as follows:

The proposed rezoning from BCPED to CD-1 Comprehensive Development District, would:

· permit up to 1,243 dwelling units, comprising 134 000 m² (1,442,000 sq. ft.) of floor area in the form of high rise towers and low rise buildings. The eight towers would range in height from 10 to 38 storeys;

· permit 1 580 m² (17,000 sq. ft.) of retail, service and office use;

· require the provision of 3.74 hectares (9.23 acres) of public park, 236 units of non-market housing and a day care; and

· require amendment to the Sign By-law, and consequential amendments to the False Creek North Official Development Plan, including an increase in maximum permitted height from 91 m (300 ft.) to 110 m (361 ft.).

The Director of Land Use and Development recommended approval of this application, subject to the following conditions proposed for adoption by resolution of Council:

SCHEMATIC DEVELOPMENT

(a) THAT the proposed schematic development be approved by Council in principle, generally as prepared by Concord Pacific Developments Corp. Planning and Design Team and stamped "Received, City of Vancouver Planning Department, December 21, 1995", specifically in relation to the siting of buildings, development of groundplane, general building heights and massing, providing that the Development Permit Board may allow alterations to this form of development when approving the detailed scheme of development with guidance from (b) and (c) below;

DESIGN GUIDELINES

(b) THAT the proposed design guidelines entitled "Beach Neighbourhood East (500 Pacific Street) CD-1 Guidelines" dated March 1996, be adopted by resolution of Council at the time of enactment of the CD-1 By-law.

DEVELOPMENT APPLICATION

(c) THAT prior to the final approval by Council of the detailed form of development for each portion of the project, the applicant shall obtain approval of a development application by the Development Permit Board who shall have regard to design guidelines approved under (b) and particular regard to the following:

- design development to building 4 (non-market residential) to ensure it meets development and livability standards;

- design development to provide additional non-market sites to accommodate the non-market housing requirement;

- design development to building 7 to ensure its built form is compatible with its context and meets development and livability standards;

- design development to the mews to ensure its configuration, treatment, function, and adjacent built form provide an appropriate public R.O.W.; and

- design development to accommodate a daycare facility.

PARK PHASING

(d) THAT Council require, in addition to the extension of David Lam Park, the completion of George Wainborn Park including the upgrading of the shoreline protection works, required as a condition of occupancy approval for the building containing the 625th residential unit, and requiring an amendment to the FCN ODP.

NON-MARKET HOUSING AMOUNT

(e) THAT Council require 19% of the total units on site 1B for non-market housing, located on two or more sites. A portion of the non-market housing requirement for site 1B may be transferred to site 1A upon the future rezoning of that site.

TOWER HEIGHT OPTIONS

(f) THAT Council choose the following maximum height for the landmark tower located in site 1B at the southwest corner of Pacific and Homer Streets:

i) 110 m (361 ft.) as proposed by the applicant, and requiring an amendment to the FCN ODP;

OR

ii) 91 m (300 ft.) as in the current FCN ODP, thus requiring a reduction of 2 500 m² from the tower floorspace and relocation within other buildings in this site.

MEWS PUBLIC ACCESS

(g) THAT Council require a statutory right-of-way for full public access to the site 1B mews linking Pacific to Beach Crescent.

ENERGY EFFICIENT FEATURES

(h) THAT Council require the provision of low flow toilets, shower heads and faucets as standard features in Beach Neighbourhood East, as and when required by thePlumbing By-law;

AGREEMENTS

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

Soils Remediation
i) Obtain and submit to the City copies of all soils studies and the 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, which may include long-term leases of park from the Province, providing for the remediation of any contaminated soils on the Beach Neighbourhood East 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, the Approving Officer and the Park Board against any liability or costs which may be incurred as a result of the presence of contaminated soils on the site;

ii) Submit to the City a remediation plan for all 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
iii) 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, the Approving Officer and the Park Board 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 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;

Occupancy
iv) Execute a Section 215 Agreement, 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 Confirmations ofCompliance have been provided to the City by the Ministry of Environment;

Non-Market Housing
v) Execute one or more agreements satisfactory to the City Manager and Director of Legal Services, by which sufficient parcels shall be conveyed to the City for the non-market housing to be constructed within the site, at a price acceptable to City Council. Such agreement may allow for the transfer of a portion of the non-market housing requirement to the site 1A portion of the Beach Neighbourhood upon a future rezoning of that site. Such parcels are for such non-market housing programs or initiatives as City Council may generally define or specifically approve from time to time;

Occupancy by Families
vi) Execute an agreement, satisfactory to the Director of Legal Services and the 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;

Parks
vii) Execute agreements, satisfactory to the Director of Legal Services and the City Manager in consultation with the General Manager of Parks and Recreation, to ensure:

1. that the portion of park identified as the Phase III Lands in the Roundhouse Neighbourhood Park Works Agreement is provided to the City at no cost, either by conveyance, dedication or long term lease from the Province. This park shall be:

(A) designed and constructed by the property owner to the satisfaction of the General Manager of Parks and Recreation; and

(B) provided to the City, to the satisfaction of the Director of Legal Services,

either prior to any occupancy of the first building constructed pursuant to this rezoning enactment or three years from the date of enactment of this rezoning, whichever shall first occur;

2. that the extension of David Lam Park identified in the FCN ODP as being required to service the subject site is provided to the City at no cost, either by conveyance, dedication or long term lease from the Province. This park shall be:

(A) designed and constructed by the property owner to the satisfaction of the General Manager of Parks and Recreation; and

(B) provided to the City, to the satisfaction of the Director of Legal Services,

either prior to any occupancy of the first building constructed pursuant to this rezoning enactment or ten years from the date of enactment of this rezoning, whichever shall first occur;

3. that the approximately 2.49 hectare park at the southern end of Richards Street identified in the FCN ODP as part of the Sub-area 1 development is provided to the City at no cost, either by conveyance, dedication or long term lease from the Province. This park shall be:

(A) designed and constructed by the property owner to the satisfaction of the General Manager of Parks and Recreation; and

(B) provided to the City, to the satisfaction of the Director of Legal Services,

prior to any occupancy of that building constructed pursuant to this rezoning that the City Manager determines contains the 625th residential unit constructed pursuant to this rezoning; and

4. that Confirmations of Compliance in respect of these three park areas have been provided by the Ministry of Environment;

Daycare Facilities
viii) Execute an agreement, satisfactory to the Directors of
Legal Services and Social Planning, and Managers of Real Estate Services and Facilities Development, to ensure that one fully finished, furnished and equipped (i.e. ready for immediate occupancy) daycare facility including outdoor play space and required underground parking, are provided and conveyed to the City at no cost. The facility and outdoor space shall be developed at a location acceptable to the Directors of Social Planning and Planning, the General Manager of Parks and Recreation, and the Managers of Real Estate Services and Facilities Development, and shall comprise a minimum of 764 gross m² of fully finished, furnished and equipped indoor space and up to 615 m² of immediately adjacent fenced and equipped outdoor play space for the daycare, and must meet all requirements for community care and daycare facilities and the licensing thereof, comply with the Childcare Design Guidelines, and be satisfactory to the Director of Social Planning and the Managers of Real Estate Services and Facilities Development. The completion of the daycare facility will be required as a condition to occupancy approval for the building containing the 175th family residential unit. Such agreement may allow for: (a) a portion of the outdoor space to be provided in David Lam Park provided that the play area is open to the public and washrooms are available nearby in the saltwater pump station; and (b) theprovision for transfer of the daycare facility to site 1A upon a future rezoning of that site;

Daycare Payment
ix) Execute an agreement, satisfactory to the Directors of Social Planning and Legal Services, to:

1. pay to the City $138,000 for childcare start up costs prior to occupancy of the first family residential building, pursuant to and adjusted in accordance with Council's policy of February 4, 1993; and

2. pay to the City an amount representing a monthly inflation factor to reflect increases in the cost of living from the date of enactment to occupancy of the first family residential building;

Public Art
x) Execute an agreement, satisfactory to the Directors of Legal Services and Social Planning, for the provision of public art in accordance with the City's Public Art Policy;

Service Agreement
xi) Execute a service agreement, satisfactory to the City Engineer 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 at no cost to the City, and to provide for the grant of all necessary street dedications and rights-of-way for the Services, all to the satisfaction of the City Engineer and the Director of Legal Services. Without limiting the discretion of the said City officials, this agreement shall include provisions that:

1. 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 all of the Services is completed to the satisfaction of the City Engineer;

2. the design of all the Services will be completed to the satisfaction of the City Engineer prior to: (i) tendering for the construction of any of the Services; or (ii) any construction of the services if the Property Owner decides not to tender the construction;

3. no occupancy of any buildings or improvements constructed pursuant to the rezoning shall be permitted until all Services are completed to the satisfaction of the City Engineer;

4. in addition to standard utilities, necessary Services will include a sewage pump station (cost shared under the Infrastructure Agreement), and bus shelters necessary for a transit system to serve the ConcordPacific development; and
5. the servicing of any development of the waterlot portion of the subject site shall be provided for on the uplands area if necessary;

Shoreline Works
xii) Execute agreements, satisfactory to the City Engineer and the Director of Legal Services, obligating the property owner, at no cost to the City to design and construct the shoreline works relevant to the subject site, including George Wainborn Park, and which shall include a waterfront pedestrian/bicycle system (collectively called "Shoreline Works"), to the satisfaction of the City Engineer (and the General Manager of Parks and Recreation where such improvements encroach on park areas). This agreement will include provisions that:

1. 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 Works is completed to the satisfaction of the City Engineer;

2. the design of the Shoreline 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 Works if the property owner decides not to tender the construction;

3. the property owner shall grant all requisite ownership rights to the City, whether by dedication or perpetual right-of-way (as the City shall determine), over lands containing the Shoreline Works and shall grant access thereto, to the satisfaction of the City Engineer and the Director of Legal Services;

4. 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;

5. the property owner shall amend the temporary walkway letter agreement dated October 16, 1987, to the satisfaction of the City Engineer and Director of Legal Services, to include provisions for improved maintenance of any re-routings of the temporary walkway and for bypassing of construction areas;

6. 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 unfilledand undeveloped generally in accordance with the report on Conceptual Shoreline Designs - Coal Harbour and False Creek adopted by Council on October 24, 1991;

7. a ferry dock will be provided on the waterlot, with public access secured over the uplands, waterlot, and the ferry dock facility, and utilities that cross or run through the Shoreline Works will be subject to approval by the City Engineer; and

8. 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;

9. the construction of the Shoreline Works shall be completed in accordance with the following schedules:

(A) no occupancy of any buildings or improvements constructed pursuant to this rezoning shall be permitted until the phase of the Shoreline Works, with the exception of Shoreline Works adjacent to George Wainborn Park, is completed to the satisfaction of the City Engineer (and the General Manager of Parks and Recreation where relevant);

(B) the Shoreline Works adjacent to George Wainborn Park shall be completed prior to any occupancy of that building containing the 625th residential unit constructed pursuant to this rezoning; and

(C) in any event the Shoreline Works shall be completed to the satisfaction of the City Engineer prior to 10 years from the date of enactment of this rezoning.

Washroom Facilities
xiii) Execute an agreement, satisfactory to the City Engineer
and the Director of Legal Services to include the following provisions:

1. a contribution of Fifty Thousand ($50,000) Dollars from Concord to the City towards the costs incurred by the City to construct and complete the structural shell of the washroom facilities in David Lam Park, such payment to be made upon enactment of the rezoning; and

2. construct and install all finishing components of the washroom facilities in David Lam Park, including floor slabs and fixtures, either prior to any occupancy of the first building constructed pursuant to this rezoning enactment or three years from the date of enactment of this rezoning, whichever shall first occur;

Floodplain
xiv) Execute a flood plain covenant, satisfactory to the Director of Legal Services and the Ministry of Environment;

Amend Covenants
xv) Re-evaluate, amend and/or release all existing covenants and rights-of-way to address the proposed development to the satisfaction of the Director of Legal Services;

Subdivision
xvi) Obtain approval and registration of a compatible subdivision plan.

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 facilities to be provided including the Services, Shoreline Works, daycare and park, as well as site remediation, may, in the discretion of the City Engineer, General Manager of Parks (where the park is concerned) and Director of Legal Services, be constructed in phases, in accordance with phasing plans satisfactory to the aforesaidofficials, and the respective Agreements will provide for security and occupancy restrictions appropriate to such phasing.

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.

Also before Council was a memorandum dated March 28, 1996 from Mr. Larry Beasley, Director of Central Area Planning, which advised that staff have been involved in ongoing negotiations with Pacific Point residents and recommend the following changes arising from these discussions:

"THAT Condition (c) recommended on page 1 of the agenda package be amended to include the following additional design development requirements:

- design development to maximize the slope of Richards Street, south of Pacific Street, and the crescent of Beach Crescent to minimize the elevation of the crescent building thereby minimizing its view impact on Pacific Point.

- design development to building 4 (non-market residential) to limit the height of its westerly wing to 2-storeys and to eliminate retail uses at grade level to increase southerly views from Pacific Point.

- design development to the lower portion of building 5 along Pacific Street to reduce its height from 4-storeys to 2-storeys, one of which should be retail, to increase southeasterly views from Pacific Point."

Staff Opening Comments

Mr. Larry Beasley advised the application before Council is Area 1B, which is the easterly half of the Beach Neighbourhood. The applicant has chosen to not proceed with the rezoning of Area 1A, the westerly half, at this time.

The zoning would provide 1,200 new housing units and related activities in a comprehensive new neighbourhood of approximately 14.5 acres, with a unique image and identity. This will also provide for the completion of the development of David Lam Park, and the creation of the George Wainborn Park. It will also extend the bicycle and pedestrian system along this section of the waterfront, and extend the local street system without creating through traffic opportunities. This rezoning also preserves adopted view corridors.

Mr. Jonathan Barrett, Planner, advised this application includes eight major towers ranging from 10 to 38 storeys, low-rise buildings from 2 to 7 storeys, extensions of Beach Avenue, Richards and Homer Streets through the site to the south and from the west. With the aid of a visual slide presentation, Mr. Barrett compared the application before Council with the Official Development Plan for the area.

Mr. Barrett highlighted condition of approval (f) before Council which presented the following two options for Council to choose the maximum height for the landmark tower located in site 1B at the southwest corner of Pacific and Homer Streets:

(i) 110 m (361 ft.) as proposed by the applicant, and requiring an amendment to FCN ODP;

or

(ii) 91 m (300 ft.) as in the current FCN ODP, thus requiring a reduction of 2 500 m² from the tower floorspace and relocation within other buildings in this site.

Mr. Barrett advised there are three major rezoning issues arising from the application. They are as follows:

(1) how much park should be provided and when;
(2) how many non-market housing units should be provided, when should they be provided, and where should they be provided;
(3) the impact of the development on the neighbours, particularly Pacific Point.

In terms of the park, the development will complete David Lam Park. In addition, staff recommend that George Wainborn Park be provided after 50% of the dwelling units are completed in Area 1B. This will meet the Official Development Plan park standard and provide liveability for present and future residents. The applicant proposes to complete George Wainborn Park with phase 1A. Because of the uncertainty surrounding the rezoning of Area 1A, staff believe it is crucial to secure George Wainborn Park at this stage.

In regard to the non-market housing, the Official Development Plan shows three non-market housing sites for the whole of Area One. One site was indicated in Area 1B. The developer is proposing one non-market housing site with approximately 53 dwelling units in this phase. Because of the deficiency in the proposed number of units, staff recommend that sites be secured for 236 non-market dwelling units. This is the full ODP standard of 19% of the total number of dwelling units. However, a portion of these non-market housing units may be transferred to Area 1A, but this is dependent upon a successful future rezoning of that area.

The neighbours at Pacific Point have raised concerns about the following development impacts:

· View blockage to the south across George Wainborn Park and the more limited views this development will provide for David Lam Park. The view blockage is caused by the height and scale of the proposed buildings, particularly the low-rise;

· The configuration of George Wainborn Park was a concern, and a request was made that it be extended to Pacific Street;

· Scale and density of the overall development, particularly with the three percent transfer of density request by applicant;

· Traffic and parking concerns.

Mr. Barrett advised that staff have negotiated changes to the width and height of the landmark tower, an overall reduction of the floor plates, an improved Richards Street entry and landscaping, and the height of the low-rise buildings has been reduced, as well as the introduction of the mews.

Mr. Barrett concluded that while staff would have preferred the applicant proceed with the whole of Area One, rather than 1B, staff do feel confident public objectives are being secured and recommend approval of the application.

Applicant Opening Comments

Mr. Kevin Murphy, on behalf of Concord Pacific, advised that the overall publicprocess for this application has gone well, although one stakeholder has been vocal throughout the process in pursuing demands to protect private views well beyond what could be reasonably expected from the Official Development Plan. Notwithstanding the numerous adjustments made by the City and Concord to accommodate Pacific Point residents, these demands have increased rather than abated.

Mr. Murphy commented on the issues outstanding between the applicant and the Planning Department regarding park phasing, non-market housing, and the memorandum from Mr. Larry Beasley dated March 28, 1996.

With regard to the parks issue, the Official Development Plan provides for completion of David Lam Park in Area 1B and completion of the George Wainborn Park with the westerly 1A portion. The applicant believes the phasing already set out in the ODP satisfies public objectives and does not need to be changed. Concord is already ahead in its requirements for providing parks.

Concord proposes the following condition (d) in place of that recommended by staff:

"That Council require completion of the David Lam Park extension with Phase 1B and the completion of George Wainborn Park with Phase 1A in accordance with the ODP."

With regard to non-market housing, Concord will fully meet its obligations to provide 19% of the total units in Area One as non-market housing. The Official Development Plan never contemplated that the percentages applied to an area will be applied uniformly to each phase or subdivision of the area. Accordingly, the applicant requests that condition (e) be modified to read:

"That one-third of the non-market units required to be provided by the ODP in sub-area one be provided with site 1B, and that a portion of these units may be transferred to Area 1A upon that rezoning subject to resolution of satisfactory urban design.

In addition, Concord has reduced the number of units in the building proposed for non-market housing to accommodate the views of Pacific Point residents. To achieve this, Concord has already allocated another site for non-market housing. In order to meet the higher allocation recommended by City staff, the applicant must propose that the units already removed from this building will be restored. Accordingly, Concord request that the first design development item under condition (c) be modified as follows:

"Design development to include four (non-market residential) to ensure it meets development and liveability standards and to maximize the number of non-market housing units accommodated."

Mr. Murphy also requested that Council not approve the additional design development requirements under condition (c) of the agenda package recommended in the March 28, 1996 memo to Mayor Owen and Councillors from Larry Beasley.

Mr. Rick Hulbert, architect, (brief on file) with the aid of a visual slide presentation, reviewed the response of Concord Pacific to the concerns expressed by the Pacific Point residents. Mr. Hulbert concluded that the extent of the proposed Concord Pacific development is significantly less than what is permitted under the Council-approved view cone, and is in compliance with the Official Development Plan.

Summary of Correspondence

A review of the correspondence on this matter indicated one letter in support of the application and four letters opposing various aspects of the application.

Speakers

Mayor Owen called for speakers for and against the application and delegations addressed Council on March 28th and at the continuation of the Public Hearing on April 2nd.

The following speakers opposed various aspects of the application and urged that it be referred back to staff for additional work:

- Scott Heal
- Ray Spaxman
- Lee Tam
- Susan Boutwood
- Neil Fornay
- Bill Casson
- Gerry Gramek
- Linda Lehr
- Herbert Dreschler
- G. Duward
- M. Fornay.

The foregoing opposed the application on one or more of the following grounds:

· Council has regularly sought to find neighbourliness in rezoning approvals they have given. With a complex scheme such as this one, it is not impossible to improve the neighbourliness but it does require a change in attitude for the developer. The project is not neighbourly and will impact negatively on the residents of Pacific Point;

· The applicant contends that the ODP was drawn up following a considerable amount of work and should not be changed, but it is not unreasonable to change the ODP several years later, particularly as detailed work begins;

· Concord should not receive a three percent density transfer as is proposed, as this transfer is awarded for specific reasons. In this instance, the application is not neighbourly and fails to meet these principles so the applicant is not justified in receiving a three percent density transfer;

· The residents of Pacific Point will suffer view loss. While the residents understood that their views may not fully be maintained when they purchased their units, they did not expect to be completely obscured and did expect some visual access to the park;

· The present scheme appears to limit use of the park to just residents of the Concord developments, as the public will be faced with a wall around the park and will not have access to this amenity;

· The public will be made to feel they are not welcome in the new George Wainborn Park;

· George Wainborn Park will not be accessible to the disabled;

· A workable traffic plan for this area needs to be developed;

· A single zoning for Areas 1A and 1B is more preferable than the partial rezoning application before Council;

· Citizens have purchased residences in this area and it is now Council's responsibility to protect them;

· When the Pacific Point development was being constructed, it went from a proposed density of 5.0 to 4.7 FSR, added grass and trees, a courtyard visible from Richards Street, and placed towers to allow the views of non-existent neighbours. All of this was done in order to make the development neighbourly, and the residents of this development now resent an increase in density for Concord Pacific, when a reduction in zoning would appropriate;

· The density along Pacific Boulevard is too great and the street will become a walled canyon;

· Proposed sites for the non-market housing are still not completely known;

· One of the proposed towers is located too close to the City's saltwater pumping station, and in the event of an earthquake this would result in damage to the pumping station.

Mr. Peter Busby, on behalf of the Downtown Vancouver Association, spoke in favour of the application. Mr. Busby cautioned Council to continue to protect public views, but not enter into the debate on private views.

Applicant Closing Comments

Mr. Kevin Murphy advised the Area 1B plan reflects the principles in the Official Development Plan and will be much more neighbourly than is feared by the Pacific Point residents. Mr. Murphy clarified the George Wainborn Park will be open to everyone and that there will be disabled and elderly access to the park.

Staff Closing Comments

Mr. Larry Beasley concluded that staff believe the basic street system, open space and walkway pattern and the parameters

for the built form remain valid. Staff feel they have achieved the right balance with this application. In addition, staff do not oppose the three percent density transfer, and feel they will be able to achieve development permits that will be compatible with the urban design intent.

In terms of social housing, there are two choices before Council. Concord suggests the City secure about 11% (137 units) of the housing for social housing as they feel this is what is required in the Official Development Plan. Staff recommend the City secure the full Official Development Plan requirement of 19% (236 units) for social housing, with the option that if the western part of the neighbourhood is rezoned, some of that social housing can be transferred back to this area. Council approval of the staff recommendation would require that additional social housing sites be secured in the area presently being rezoned.

In regard to securing George Wainborn Park, there are two options before Council. Concord has not included the park in this rezoning application so there will be no security if this option is pursued. Staff recommend that the park be included in this zoning and that it be secured before the zoning is enacted. Staff believe this is what is intended in the Official Development Plan. With Concord's approach, the City would have no way of securing George Wainborn Park if the applicant does not proceed to rezone the westerly portion of the site. In terms of the timing of the park, staff recommend that the parking timing be triggered when the 625^th unit is to be occupied, which is staff's judgement as to the time when additional park space will be required to meet the existing park standard. Council's alternative to this is to require that a park be built by a future date.

Council Discussion

During discussion, a member of Council expressed concern with the present form of development, as it was felt that public access to George Wainborn Park will be limited and the public at street level will see walls instead of the park.

MOVED by Cllr. Hemer,

THAT the application be approved, subject to the conditions as set out in this minute of the Public Hearing, and subject to the amendments recommended in the memorandum from Mr. Larry Beasley dated March 28, 1996 and stated below:

"THAT Condition (c) of the agenda package be amended to include the following additional design development requirements:

- design development to maximize the slope of Richards Street, south of Pacific Street, and the crescent of Beach Crescent to minimize the elevation of the crescent building thereby minimizing its view impact on Pacific Point.

- design development to building 4 (non-market residential) to limit the heightof its westerly wing to 2-storeys and to eliminate retail uses at grade level to increase southerly views from Pacific Point.

- design development to the lower portion of building 5 along Pacific Street to reduce its height from 4-storeys to 2-storeys, one of which should be retail, to increase south-easterly views from Pacific Point."

FURTHER THAT Option 1 in Condition (f) as stated below be chosen:

(i) 110 m (361 ft.) as proposed by the applicant, and requiring an amendment to the FCN ODP;

- amended

MOVED by Cllr. Puil (in amendment),

THAT Option 1 in condition (f) be approved, and that the approximately 3% extra density for Area 1B not be approved and that the density be primarily taken out of the crescent-shaped building on Beach Crescent, resulting in a building in the order of three storeys, and out of other buildings along Pacific Street, as approved in the additional design development requirements of condition (c).

- CARRIED

(Mayor Owen and Councillor Sullivan opposed)

(Underlining denotes amendment approved at
Regular Council Meeting of April 23, 1996.)

The motion to amend having carried, Councillor Hemer's amended motion was put and CARRIED, with Councillor Kwan opposed.

MOVED by Cllr. Price,

THAT staff report back on the proposed width of all the streets in the rezoning precinct.

- CARRIED UNANIMOUSLY

2. Rezoning: 2950 Laurel Street

(St. George's Place)

An application by John Currie Architect Inc., on behalf of St. George's Anglican Church Parish and the B.C. Rehabilitation Society, was considered as follows:

The proposed rezoning from RM-4 to CD-1 Comprehensive Development District, would allow the redevelopment of the site to construct a 4-storey building containing 19 units of non-market housing (including units for the physically disabled) and a multi-purpose space for church and community use. The proposed density is floor space ratio 1.65. Twenty-seven underground parking spaces are proposed with access from the lane north of 14th Avenue, although the number of parking spaces may be reduced slightly to retain the Tulip tree located next to Laurel Street.

The Director of Land Use and Development recommended approval of this application, subject to the following conditions proposed for adoption by resolution of Council:

(a) That the proposed form of development be approved by Council in principle, generally as prepared by John Currie Architect, and stamped "Received City Planning Department, August 29, 1995", provided that the Director of Planning may allow 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 retain the existing tulip tree (liriodendron tulipifera) including required revisions to the proposed form of development and underground parking footprint to maximize growth potential, provision of necessary irrigation systems, and provision of protection methods during construction;

ii) design development to clearly distinguish between residential and church entry locations;

iii) design development to reduce the impact of exposed walls along the north and east property lines;

(Note to Applicant: This may be achieved by lowering the building, including the fence and exposed retaining walls.)

iv) design development of a more distinguished corner with more asymmetrical massing for the second, third and fourth levels, and a stronger reference to the existing church;

v) provision of a trellis over the off-street parking ramp opening to reduce visual impact;

vi) design development to the West 14th Avenue and Laurel Street property line fence and landscaping in accordance with the Fairview Heights RM-4 Design Guidelines;

vii) design development of the landscape plan including the provision of more individual front yards with gated entries, visual screening of the refuse/recycling areas on all sides and from above and the clarification of all fence and privacy screen details;

viii) clarification of adjacent building window placement and elimination of direct privacy conflicts;

ix) provision of a coloured elevation with proposed colour references;

x) provision of street trees, to the satisfaction of the City Engineer;

xi) provision of parking according to Section 4.2.1.8 of the Parking By-law;

(Note: The loading bay requirement for the church can be relaxed.)

xii) design development to provide separate and secure car and bicycle parking for residents;

(Note to Applicant: This can be achieved by providing an overhead gate to separate residents and church users. Consideration should be given to providing a second gate for church users, to be closed at non-operating hours. Consideration should also be given to an appropriate access to the church from the underground without using the residential elevator or stairs.)

xiii) design development to reduce opportunities for ground level break and enter.

(Note to Applicant: This can be achieved by providing gates to ground level residential units and by improving natural surveillance to the street. Consideration should also be given to added security features for these units such as locks, security system, small paned windows and outdoor lighting.)

(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 City Engineer, for undergrounding of all electrical and telephone services within and adjacent the site from the closest existing suitable service point.

Staff Opening Comments

Ms. Lynda Challis, Planner, advised this application proposes to replace an existing heritage church with a four-storey building containing 19 units of non-market housing and a multi-purpose space for church and community use. The residential portion of the building would include nine units of accessible housing for the physically disabled, which are intended to provide an opportunity for people to move from institutional care to independent living.

Ms. Challis advised the principal issues arising from the application relate to competing social objectives, and the development's conformity with the RM-4 regulations.

There are three competing civic objectives which staff have addressed. They are as follows:

· Preserving Heritage Buildings

The applicant has concluded that the funding available for this project would not allow for the retention of the Class 'C' heritage church. While this does not meet the City's objective, staff accept the loss on the basis that non-market housing for people with special functional needs will be provided.

· Provide Social Housing

This proposal satisfies the City's social housing objectives.

· Maintain Significant Landscape Resources

Staff regard the tulip tree on-site as unique and something that should be retained. A condition of rezoning before Council relates to the preservation of the tulip tree, and the applicant is in agreement with this condition.

On the whole, staff support the application as the provision of accessible housing and the retention of the tulip tree offset the loss of the heritage building.

In terms of the development's conformity with the RM-4 District Schedule, the development does not conform in terms of density, height, and front and flanking side yard requirements. However, staff do support this application subject to redesign for retention of the tulip tree, and other conditions of approval listed before Council.

Applicant Opening Comments

Mr. Rob Dixon, addressed Council on behalf of St. George's Place Society, which is a non-profit organization wishing to develop and operate this project. The proposed project is an exciting and innovative mix of housing for able-bodied people and persons with physical disabilities, and community and church use of multi-purpose space. The project has current allocated funding from B.C.H.M.C. for construction and ongoing operations.

Mr. Dixon advised the application has undergone revisions in response to the public process, and requested approval from Council for the rezoning application.

Correspondence

A review of the correspondence on this matter indicated the following:

· two letters expressing concerns with traffic and parking in the area;

· one letter raising concerns about the provision of information relating to the gross floor space ratio calculation of the proposed development; and

· a petition containing 50 names supporting retention of the tulip tree.

Speakers

Mayor Owen called for speakers for and against the application.

Mr. Gene Feist, area resident, advised the developer is asking for relaxations in FSR, height, front yard setbacks, flanking yard setbacks and exclusion of this development from the RM-4 building design guidelines. Should Council wish to proceed with this rezoning, the CD-1 designation should be granted solely to permit the co-existence of the church and dwelling units within the same structure. All other parameters of RM-4 zoning should apply to this development.

Ms. Mary Williams urged Council to approve the application as developments like St. George's Place will provide an opportunity for disabled people to live in the community. Integrated housing of this type will enhance the quality of the neighbourhood.

Mr. Paul Gauthier urged Council to support the application as it will allow disable persons to move out of an institutional setting and into the community. Vancouver is a leader in the country on disabled issues, and this project will allow Vancouver to remain on the cutting edge.

Mr. Robert Chester, area resident, advised Council he is in support of the rezoning application but does not approve of the form of development. Mr. Chester expressed concern with the proposal to have people living in units above the church, and suggested that the condition of approval requiring retention of the tulip tree be removed, in favour of a design which will separate the church from the housing.

Applicant Closing Comments

Responding to a question from a member of Council, Mr. John Currie, architect, advised the Planning Department has agreed to relax certain setback requirements in order to create the space for the retention of the tulip tree. It would not be possible to locate the church separate from the housing and still retain the tulip tree without additional relaxations.

Mr. Currie also advised that in his opinion the bigger concern relating to the retention of the tulip tree is the reduction in proposed parking spaces from 27 to 23.

Staff Closing Comments

Staff offered no additional comments.

MOVED by Cllr. Sullivan,

THAT the application be approved, subject to the conditions as set out in this minute of the Public Hearing.

- CARRIED UNANIMOUSLY

3. Rezoning: 2750 East 18th Avenue

(Children's Centre)

An application by Tielker Sim and Associates, Architects, on behalf of the Children's Foundation, was considered as follows:

The proposed rezoning, from RS-1 to CD-1 Comprehensive Development District, would permit replacement of the existing Esther Irwin Home (3440 Slocan Street) with three 2-storey residences, a 1-storey classroom structure and a 1-storey administration building, plus 37 parking spaces. The Eileen Corbett Centre would remain unchanged, on the east half of the site.

The Director of Land Use and Development recommended approval of this application, subject to the following conditions proposed for adoption by resolution of Council:

(a) That the proposed form of development be approved by Council in principle, generally as prepared by Tielker Sim and Associates, Architects, and stamped "Received City Planning Department, November 8, 1995", 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 the East 18th Avenue frontage to provide a more residential expression;

ii) design development to reduce the prominence of the covered linkage between the school and administration buildings;

iii) design development to all elevations to achieve greater compatibility with neighbourhood context;

iv) the integration or relocation of the maintenance building from the lane;

v) provision of a large shade tree and low hugging landscape ground treatment in place of the proposed maintenance building location;

vi) clarification of proposed fencing/gating locations and type. Fencing for backyard play areas not to exceed 1.8 m;

vii) clarification of proposed site, building and security lighting locations and types. Selection of fixtures along lane in accordance with Sections 4.8.3 and 4.9.3 of the City of Vancouver Parking By-law;

viii) provision of a site security/monitoring plan (written) that confirms after hours supervision, hours of use for outdoor play areas, including basketball, road hockey or similar activities and appropriate site edge/interior monitoring and lighting; and

ix) tree retention and protection measures should be in accordance with the Tree By-law No. 7347 and the associated guidelines. A certified Arborist should ensure that the trees identified for retention or relocation in the revised landscape plan received January 8, 1996, are adequately protected during construction and that the proposed development, especially building foundations, hard surface treatments and additional planting, accommodate the trees.

(c) That, prior to enactment of the CD-1 By-law, the registered owner shall:

i) obtain approval and registration of a subdivision of Lots A and B, Block F, D.L. 44, Plan 11920 to create the proposed new parcel;

ii) make arrangements to the satisfaction of the General Manager of Engineering Services for the dedication of a 6.0 m lane extending south from 18th Avenue on the west side of the proposed site, and then running west to connect to Slocan Street. A 3.0 m x 3.0 m corner-cut is also required from the southeast corner of the newly formed lot fronting Slocan Street (formerly Lot A);

iii) make arrangements for all electrical and telephone services to be undergrounded within and adjacent the site from the closest existing suitable service point;

iv) make arrangements to the satisfaction of the General Manager of Engineering Services, for provision of a sewer easement at the southeast corner of Lot B, to service Lot 2 to the south. The easement shall be 6.0 m wide, measured from the east property line extending 15 m north from the south property line of Lot B;

v) make arrangements to the satisfaction of the General Manager of Engineering Services, for the provision of adequate water service for fire-fighting purposes, at the applicant's expense; and

vi) make arrangements to the satisfaction of the General Manager of Engineering Services, in consultation with the adjacent neighbourhood regarding protection of trees on the boulevard, for the provision of a sidewalk on the south side of18th Avenue from Kaslo Street up to the new north/south lane, at the applicant's expense.

Also before Council was a memorandum dated March 28, 1996, from Mr. Rick Scobie, Director of Land Use and Development, which advised that discussions with the applicant subsequent to referral of this application to Public Hearing resulted in recommendations to make two amendments to the draft by-law and to delete three conditions of approval, as noted below:

i) Staff recommend that the floor space ratio reflected in the draft by-law be increased to 0.50 to accommodate exterior covered areas which are normally calculated as floor space. These areas were not included by the applicant in the original floor space figures, as they were unaware that these areas constitute floor space.

ii) Floor space calculation methods contained in the draft by-law should be amended to better reflect the institutional form of the proposed development by deleting Section 3.2(c), as interior spaces exceeding 3.7 m in height should not be counted twice as in one family dwellings.

iii) Conditions of Approval should be amended by deleting conditions (b)(iv), (b)(v) and (c)(v). These changes would permit an accessory building to be located in the southwest corner of the site and reflect the City Engineer's conclusion that waterworks upgrading is not necessary.

Staff also note that the legal description should be corrected to state: "Sec 44 THSL" rather than "D.L. 44" as stated in condition (c)(i).

Staff Opening Comments

Staff offered no additional comments on this application.

Applicant Opening Comments

Mr. Brian Sim requested Council's support for this application.

Correspondence

There was no correspondence received on this matter.

Speakers

Mayor Owen called for speakers for and against the application.

Mr. Ken Pauli, Executive Director, Children's Foundation, explained the role of the Foundation and requested Council's support for the application.

MOVED by Cllr. Sullivan,

THAT the application be approved, subject to the conditions as set out in this minute of the Public Hearing, and subject to amendments to the draft by-law and approval conditions as set out in the memorandum dated March 28, 1996 from R. Scobie, and stated below:

i) The floor space ratio reflected in the draft by-law be increased to 0.50 to accommodate exterior covered areas which are normally calculated as floor space. These areas were not included by the applicant in the original floor space figures, as they were unaware that these areas constitute floor space.

ii) Floor space calculation methods contained in the draft by-law should be amended to better reflect the institutional form of the proposed development by deleting Section 3.2(c), as interior spaces exceeding 3.7 m in height should not be counted twice as in one family dwellings.

iii) Conditions of approval should be amended by deleting conditions (b)(iv), (b)(v) and (c)(v). These changes would permit an accessory building to be located in the southwest corner of the site and reflect the City Engineer's conclusion that waterworks upgrading is not necessary.

FURTHER THAT the legal description should be corrected to state: "Sec 44 THSL" rather than "D.L. 44" as stated in condition (c)(i).

- CARRIED UNANIMOUSLY

(Councillor Puil was not present for the vote
on the above item)

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. Price,

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 Meeting adjourned on April 2, 1996,
at 11:10 p.m.

(c) 1998 City of Vancouver