PUBLIC HEARING AGENDA

DATE: Thursday, April 29, 1999

TIME: 7:30 p.m.

PLACE: Council Chamber, Third Floor, City Hall

Minutes of this meeting.

1. Heritage Designation: 1850 West 5th Avenue/2132 Cypress Street

Administrative Report dated March 26, 1999, refers.

Summary: Two residential buildings listed on the Vancouver Heritage Register would be designated in return for a floor area increase and other relaxations of the district schedule for construction of two new multiple dwellings on the same site.

Applicant: Polygon Development 110 Ltd.

Recommended Approval: By the Director of Community Planning.

2. Rezoning and Text Amendment: 600 Pacific Street, 500 Pacific Street and False Creek North Official Development Plan

Policy Report dated March 8, 1999, refers.

Summary: The proposed rezoning would permit the development of residential, commercial and expanded marina uses at 600 Pacific Street. The proposed text amendments would permit the transfer of market and non-market residential uses and increased tower heights at 500 Pacific Street and amend the FCNODP in accordance with the proposed development for the Beach Neighbourhood.

Applicant: Pacific Place Developments Corp.

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

Beach Neighbourhood (Site 1A and 1B)

DRAFT CONDITIONS OF REZONING

Some of the conditions will be extensions, or additions, to agreements secured for Beach Neighbourhood Area 1B.

SCHEMATIC (a) THAT the proposed schematic development be approved bu
DEVELOPMENT Council in principle, generally as prepared by Pacific Place Developments Corp. Planning and Design Team and stamped “Received, City of Vancouver Planning Department July 31 1998”, specifically in relation to the siting of buildings, development of ground plane, 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 (b) THAT the proposed revised design guidelines entitled “Beach
GUIDELINES Neighbourhood CD-1 Guidelines” be adopted by resolution of Council at the time of enactment of the CD-1 By-law.

DEVELOPMENT (c) THAT prior to the final approval by Council of the detailed
APPLICATIONS 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:

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

(ii) provide a Tree Management Plan by a Certified Arborist that includes:

1. survey of all trees over 8" in diameter;

2. tree retention, relocation and removal plan based on

their existing condition and their relationship to the proposed development.

CRIME PREVENTION (iii) create a vital street face adjacent to the Granville Street
THROUGH Bridge and the Seymour Street off ramp, taking into
ENVIRONMENTAL account pedestrian pathway concerns, with;
DESIGN - a landscaped pedestrian setback,
(CPTED) - residential units on the ground floor facing the street

with individual entrances.

REZONING (d) THAT the text amendment for Area 1B and the rezoning of Area 1A shall be enacted concurrently.

NON-MARKET (e) THAT Council require 19% of the total units on sites in Areas
HOUSING 1A and 1B for non-market housing, located on four or more AMOUNT sites.

.

MEWS PUBLIC (f) THAT Council require a statutory right-of-way for full public
ACCESS access to the site 1A mews linking Pacific Street to Beach Avenue.

ENERGY (g) THAT Council require the provision of low flow toilets,
EFFICIENT shower heads and faucets as standard features in Beach
FEATURES Neighbourhood, as and when required by the Plumbing By-law;

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

SOILS (i) Obtain and submit to the City copies of all soils studies and the
REMEDIATION consequential Remediation Plan, approved by the Ministry of
(Pacific Place) 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 Area 1 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. Provided however, Pacific Place Holdings Ltd. or the Province shall not be responsible for soil remediation costs for lands within Area 1A owned by the City at the date of this report, except Pacific Place Holdings Ltd. shall be responsible for its share, as defined in the Infrastructure Agreement dated April 27, 1984, of the soil remediation costs of the City-owned old pump-station lands Area 1A.

SOILS (ii) Submit to the City a remediation plan for all newly
REMEDIATION dedicated streets and utility rights-of-way required to
(Road) serve the subject site, including utility construction planscompatible with the accepted remediationplan; 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 ground water 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 (iii) Execute an Indemnity Agreement, satisfactory to the
INDEMNITY 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. Provided however, this indemnity agreement shall not apply to lands within Area 1A owned by the City at the date of this report;

SOILS (iv) Shall, as required by the City Engineer and the City’s
VANCOUVER Director of Legal Services in their discretion, do all things and/or enter into such CHARTERagreements deemed necessary to fulfill the requirements of Section 571(B) of the Vancouver Charter.

OCCUPANCY (v) 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 Confirmations of Compliance have been provided to the City by the Ministry of Environment;

NON-MARKET (vi) Execute one or more agreements satisfactory to the City
HOUSING Manager and Director of Legal Services, by which sufficient parcels shall be conveyed to the City for thenon-market housing to be constructed within the site, at a price acceptable to City Council. Such parcels are for such non-market housing programs or initiatives as City Council may generally define or specifically approve from time to time. Amend the existing Area 1B Non-Market Housing Agreement to reflect the changes to the amount of non-market housing to be located on Area 1B occasioned by the text amendment to the Area 1B CD-1 By-law;

PROPERTY (vii) That prior to enactment Pacific Place Holdings Ltd. will
CONSOLIDATION consolidate their property with City property to create the non-market housing create the non-market housing sites RS and T to the satisfaction to the CityManager, Director of Legal ervices and the Manager of the Housing Centre.

OCCUPANCY BY (viii) Execute an agreement, satisfactory to the Director of
FAMILIES 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 (ix) Execute or amend agreements, satisfactory to the Director of Legal Services and the City Manager in consultation with General Manager of Parks and Recreation to ensure:

1. that the approximately 2.49 hectare park at the southern end of Richards Street (George Wainborn Park) 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 satis- faction 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 the earlier of:

i. the occupancy of any building within Area 1A constructed pursuant to this rezoning, except for Building “L” and those buildingsconstructed on sites to be transferred to the City which are immediately adjacent the Granville Bridge and the Seymour Off-ramp;

ii. the occupancy of that building that the City Manager determines contains the 625th residential unit constructed in Area 1B and Building “L” together, or

iii. 10 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 Area 1B is provided to the City at no cost, either by conveyance, dedication or long term lease from the Province. The 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 the occupancy of Building “L” constructed pursuant to this rezoning enactment;

3. that Confirmations of Compliance in respect of this park area have been provided by the Ministry of Environment; and

4. that sewer rights-of-way satisfactory to the City Engineer be granted through the park for the storm sewers running to the Richards Street outfall.

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

MARINA (xi) Execute an agreement, satisfactory to the City Engineer and the Director of Legal Services, to ensure that:

1. no Development Permit in respect of anyimprovements on the Marina site and the upland Pacific Place lands shall be issued nor any development of the Marina site and Building O and P:

(A) Until a legal agreement is in place with the Province of British Columbia to secure the following requirements on the Province’s lot west of the Marina site:

i. Provision of all access and servicing requirements for the Marina site from the Province’s westerly lot;

ii. Provision of 200 visitor nights per year for visiting boats;

iii. Provision of public amenities such as a visitor centre, pump-out station, laundromat, and toilet facility.

iv. Provision of a right-of-way across the Province’s lot in approximate alignment with the current informal pedestrian route adjacent the water;

OR

(B) Apply for approval of any necessary changes to the plan of the proposed Area 1A zoning. This may require reconfiguration of the adjacent building sites from the current rezoning proposal, and may require a text amendment, all to the satisfaction of the Director of Central Area Planning and the City Engineer for the:

i. Provision of all access and servicing requirements for the Marina site from the adjacent upland;

ii. Provision of any necessary public amenities such as visitor night requirement for visiting boats, visitor centre, pump-out station, laundromat, and toilet facility; and

2. If a Development Permit is issued for Building O or P, no Development Permit in respect of the Marina site shall be issued until the legal agreement referenced to in (xi) 1. (A) is in place.

(xii) Execute encroachment agreements or such other agreements, with a nominal fee for such use, to the satisfaction of the City Engineer and the Director of Legal Services, to allow the following:

1. The occupation by the Marina of portions of City roads along the shoreline protection works and along the Richards Street outfall. The agreement shall allow access for inspection, maintenance, and replacement of the City works, and may involve the relocation of the Marina at such time.

2. Temporary Marina access across the shoreline works in Area 1B, during the temporary relocation of the Marina during the course of Area 1A Shoreline Protection Works construction.

SERVICE (xiii) Execute a service agreement, satisfactory to the City
AGREEMENT 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. ithout 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 ntil 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 PropertyOwner decides not to tender the construction;

3. no occupancy of any buildings or improvements constructed pursuant to the rezoning, except for those building sites to be transferred to the City which are immediately adjacent the Granville Bridge and the Seymour Off-ramp, 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 street beautification of Pacific Street, the new cul-de-sac road extending east of the foot of Granville Street, additional street improvement elements on Granville Street to improve the pedestrian environment, two traffic signals at the intersection of Richards Street/Pacific Street and Seymour Street/Pacific Street, and bus shelters necessary for a transit system to serve the Pacific Place development; and

5. in addition to standard utilities, necessary services will include a new sewer pump station, and soils remediation and abandonment of the existing sewer pump station site, all to be cost shared by the City and Pacific Place Holdings Ltd. as set out in the Infrastructure Agreement dated April 27, 1984. The new pump station site is to be provided at no cost to the City;

6. the servicing of any development of the water lot portion of the subject site shall only be provided for;

(A) on the adjacent westerly Provincial site;

OR

(B) on the adjacent upland area, which may include a text amendment of the zoning to reconfigure the adjacent upland area for proper access and servicing, all to the satisfaction of the City Engineer.

7. in any event, the Services shall be completed to thesatisfaction of the City Engineer prior to 10 years from the date of enactment of this rezoning.

8. execute an encroachment agreement, or other such agreement, to the satisfaction of the City Engineer, Director of Central Area Planning, and Director of Legal Services, to obligate the owners of Buildings O and P to maintain, repair, replace the special surface treatment on the new cul-de-sac extending east of the south foot of Granville Street.

SHORELINE (xiv) Execute agreements, satisfactory to the City Engineer and
WORKS the Director of Legal Services, obligating the property owners, at no cost to the City to design and construct the shoreline works relevant to the subject site 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 thewater lots, and shall grant rights-of-way therefore 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;

7. 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;

8. 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, except for Building “L” and those building sites to be transferred to the City which are immediately adjacent the Granville Bridge and the Seymour Off-ramp, shall be permitted until the Shoreline Works is completed to the satisfaction of the City Engineer (and the General Manager of Parks and Recreation where relevant);

(B) the occupancy of that building that the City Manager determines contains the 625th residential unit constructed in Area 1B and Building L together;

(C) in any event the Shoreline Works shall be completed to the satisfaction of the City Engineer prior to 10 years from the date ofenactment of Area 1B rezoning.

9. Execute an encroachment agreement or such other agreement, with a nominal fee for such use and satisfactory to the Director of Legal Services and the City Engineer to allow an underground vehicular connector between Building “O” and Building “P” beneath the shoreline walkway at the western edge of the site.

FLOODPLAIN (xv) Execute a flood plain covenant, satisfactory to the Director of Legal Services and the Ministry of Environment;

AMEND (xvi) Re-evaluate, amend and/or release all existing covenants
COVENANTS and rights-of-way to address the proposed development to the satisfaction of the Director of Legal Services;

SUBDIVISION (xvii) 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 219 of the Land Title Act.

The facilities to be provided including the Services, Shoreline Works, 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 aforesaid officials, 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 effecting 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 deemednecessary 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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