Agenda Index City of Vancouver

CITY OF VANCOUVER

PRESENT:

Deputy Mayor Gordon Price
Councillor Don Bellamy
Councillor Nancy A. Chiavario
Councillor Jennifer Clarke
Councillor Alan Herbert
Councillor Lynne Kennedy
Councillor Daniel Lee
Councillor Don Lee

ABSENT:

Mayor Philip Owen (Civic Business)
Councillor George Puil
Councillor Sam Sullivan (Leave of Absence)

CLERK TO THE
COUNCIL:

Tarja Tuominen

COMMITTEE OF THE WHOLE

MOVED by Cllr. Bellamy,
SECONDED by Cllr. Don Lee,

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

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.

Staff Comments

Applicant Comments

Summary of Correspondence

Speakers

MOVED by Cllr. Bellamy,
A. THAT the houses at 1850 West 5th Avenue and 2132 Cypress Street, both listed in the “B” category on the Vancouver Heritage Register, be designated as Protected Heritage Properties.

2. Rezoning and Text Amendment: 600 Pacific Street,

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.

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 by
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:

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

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 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 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 allliability 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 CHARTER agreements 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 the non-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 thenon-market housing create the non-market housing sites RS and T to the satisfaction to the City Manager, Director of Legal Services 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:

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:

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. without limiting the discretion of the said City officials, this agreement shall include provisions that:

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:

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 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.”

Staff Comments


Applicant Comments

.
Summary of Correspondence

Speakers

Applicant Closing Comments

Staff Closing Comments

MOVED by Cllr. Herbert,

- OR -

F. THAT Recommendations A, B and C be adopted on the following conditions:

(Councillor Price opposed to C)

RISE FROM COMMITTEE OF THE WHOLE

MOVED by Cllr. Bellamy,

ADOPT REPORT OF COMMITTEE OF THE WHOLE

MOVED by Cllr. Bellamy,
SECONDED BY Cllr. Don Lee,

BY-LAWS

1. A By-law to designate heritage property, and to amend By-law No. 4837, being the Heritage By-law (2132 Cypress Street)

MOVED by Cllr. Bellamy,
SECONDED by Cllr. Kennedy,

MOVED by Cllr. Bellamy,
SECONDED by Cllr. Kennedy,

2. A By-law to designate heritage property, and to amend By-law No. 4837, being the Heritage By-law (1850 West 5th Avenue)

MOVED by Cllr. Bellamy,
SECONDED by Cllr. Kennedy,

MOVED by Cllr. Bellamy,
SECONDED by Cllr. Kennedy,

3. A By-law to authorize Council entering into a Heritage Revitalization Agreement with the Owner of Heritage Property (1850 West 5th Avenue and 2132 Cypress Street)

MOVED by Cllr. Bellamy,
SECONDED by Cllr. Kennedy,

MOVED by Cllr. Bellamy,
SECONDED by Cllr. Kennedy,

The Special Council adjourned at 9:05 p.m.

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