POLICY REPORT
DEVELOPMENT AND BUILDING
Date: May 31, 1999
Author/Local: J. Barrett/7449
LU&D No. 98035RTS No. 00763
CC File No. 5306
Council: June 15, 1999
TO:
Vancouver City Council
FROM:
Director of Central Area Planning, in consultation with the General Managers of Engineering Services and Parks and Recreation, the Directors of Social Planning, Legal Services and the Housing Centre
SUBJECT:
1088 Marinaside Crescent: Text Amendments for Quayside, Area 4, and Roundhouse, Area 2, of the False Creek North Official Development Plan
RECOMMENDATION
A. THAT the application by Busby and Associates Architects to amend CD-1 numbers 297 and 324 and the FCN ODP to permit a marina expansion and restaurant be referred to a Public Hearing, together with:
(i) plans received December 4, 1998;
(ii) draft amendments to CD-1 by-laws and FCN ODP generally as contained in Appendix A; and
(iii) the recommendation of the Director of Central Area Planning to approve the application, subject to conditions of approval contained in Appendix C;
FURTHER THAT the Director of Legal Services be instructed to prepare the necessary by-laws for consideration at Public Hearing.
B. THAT the following recommendations be referred to Public Hearing:
(i) THAT a restaurant be approved with a modified design for a maximum area of 371.6 m2 (4,000 sq. ft.) rather than 557.4 m2 (6,000 sq. ft.).
(ii) THAT the marina from Davie Street westward be approved but that it must not extend beyond the harbour headline.
(iii) THAT Council authorize the General Manager of Engineering Services and the Director of Legal Services to enter into an agreement with Pacific Place permitting portions of the water area over City road to be used by Pacific Place for restaurant use at a nominal fee.
(iv) THAT Council authorize the General Manager of Engineering Services and the Director of Legal Services to enter into an agreement with Pacific Place permitting Pacific Place's usage of the water area over a portion of City road for marina use at a nominal fee.
CONSIDERATION
C. THAT as an alternative to recommendations B(I), B(ii), and B(iii) Council may wish to consider at Public Hearing:
(i) THAT a restaurant not be approved;
(ii) THAT the marina from Davie Street westward not be approved noting that Pacific Place would not provide the floating public pier but would provide the full length of the pier parallel to Marinaside Crescent; and
(iii) THAT portions of the water area over City road be used by Pacific Place for restaurant use and that staff report back on market rates to be charged to Pacific Place for such use.
RECOMMENDATION
D. THAT Council adopt the above Recommendations on the following conditions:
(i) THAT the passage of the above resolution creates no legal rights for the applicant or any other person, or obligation on the part of the City; any expenditure of funds or incurring of costs is at the risk of the person making the expenditure or incurring the cost;
(ii) THAT any approval that may be granted following the Public Hearing shall not obligate the City to enact a by-law rezoning the property, and any costs incurred in fulfilling requirements imposed as a condition of rezoning are at the risk of the property owner; and
(iii) THAT the City and all its officials, including the Approving Officer, shall not in any way be limited or directed in the exercise of their authority or discretion, regardless of when they are called upon to exercise such authority or discretion.
GENERAL MANAGER'S COMMENTS
The General Manager of Community Services RECOMMENDS approval of A, B, and D, and puts forward C for consideration instead of parts of B.
COUNCIL POLICY
Relevant Council policy includes:
· False Creek Policy Statement, approved in August 1988.
· False Creek North Official Development Plan (FCN ODP), including the street pattern, approved in April 1990.
· Interim policy on Soil Contamination, approved in January 1990 and amended in March 1991.
· Public Art Program, approved in October 1990.
· False Creek North shoreline and pedestrian/bicycle concept plans, approved in October 1991.
· Rezoning of False Creek North's Quayside Neighbourhood - ODP issues, approved by Council July 23, 1992.
· Rezoning: 800-1100 Pacific Boulevard (Quayside Waterfront Block), approved in February 1996.
· Blueways Program-Update and Future Directions, approved December 1, 1998.
PURPOSE AND SUMMARYThis report assesses an application by Busby and Associates Architects for CD-1 text amendments for the Quayside, Area 4 (CD-1 324) and Roundhouse, Area 2 ( CD-1 297), and the FCN ODP to permit the expansion of the Quayside marina area into the Roundhouse water lot. Included in the proposal are:
- 155 m (500 ft.) floating public pier on the Davie Street axis, with an integrated ferry stop and public pavilion at the southerly end, and provision for short term daytime visitor moorage;
- a floating walkway from Davie Street to the east for approximately 60 m (200 ft.) which accommodates public kayak launching at the easterly end;
- moorage for a maximum of 150 boats which range in length from 25 to 100 feet and including overnight visitor moorage;
- a one storey with mezzanine, 557 m2 (6,000 sq. ft.) restaurant beside Marinaside Crescent; and
- a floating marina office building with laundry, washrooms and minor retail to service the marina.
Figure 1: Site Location and Proposed Marina Plan
The site is bounded to the north by Marinaside Crescent and by the harbour headline to the south.
Staff generally support the text amendments although with recommendations to, among other things: reduce the area of the marina to within the harbour headline; reduce the number of large boats; and reduce the size and configuration of the restaurant. Staff recommend that the application be referred to public hearing.
BACKGROUND
The current CD-1 zoning for this site includes moorage for 260 boats (although smaller boats than currently proposed) and the marina water area was limited to the east of the Davie Street axis (see Figure 2, Current Approved Marina Plan below) and does not include a restaurant.
Figure 2: Current Approved Marina Plan
DISCUSSION
Proposed Concept
The overall intent of the 1996 rezoning for Quayside was to make Marinaside Crescent, and the Quayside marina, an active public oriented gathering place at this one prominent False Creek location by including a high degree of public amenity and viable commercial activities. The applicant's proposal seeks to enhance this intent in three ways. First, the floating public pier on the Davie Street axis, with an integrated public ferry and pavilion at the water end,
would enable the public to gain views along the length of False Creek and would provide for visiting boats. Second, the floating public pier, and easterly walkway parallel to Marinaside Crescent, would provide opportunities for kayak and small boat launching as well as space for visiting boats. Third, the restaurant adjacent to the seawall is intended to enhance the retail-restaurant-commercial focus that was envisaged at the south end of Davie Street and this section of the Marinaside Crescent.
FCN ODP Criteria
The FCN ODP states that any marina should have regard to, among other things, the following:
" - some space within marinas should be reserved for visitors (the current CD- 1 guidelines require a minimum of 5 berths);
- maintain key long views across the water;
- not overcrowd the water, especially the central basin; and
- opportunities for public boat launching should be achieved."Staff have reviewed the proposal with respect to these criteria. The following comments include this review along with discussion of related issues.
Visitor Moorage
The applicant has proposed one side (approx. 125 m or 410 ft.) of the floating public pier for year round public moorage and day-time tie-up which staff consider partially meets this public objective. However, there is a need to provide some visitor moorage which is within the secure zones of the marina, i.e. behind security gates. Therefore, in addition to the day-time tie-up which can accommodate approximately 8-9 smaller boats, staff recommend the marina provide a minimum 350 visitor nights annually which is equivalent to approximately 2 berths over the key summer months. In practice there are likely to be more available as many of the expected marina users are anticipated to be travelling in the summer. Overall staff consider there is more visitor moorage potential with these recommendations (see Boat Sizes and Visitor Moorage, Appendix D2).
The developer is concerned that providing the 350 visitor nights will impact the marina's viability, but has agreed to this recommendation.
Street End Views
The FCN ODP includes the requirement for street end views to be preserved. The proposal would amend the requirement in the ODP by allowing the proposed floating public pier within the street end view. Staff concludes this will be experienced as a feature in the view rather than a view obstruction. In addition, the public amenity of a ferry stop and pavilion located at the southerly end of the walkway provides additional public views up and down False Creek. On balance staff believe these facilities enhance the overall public view objectives of the development, compensate for changes to street end views and adds to the experience of False Creek.
In July 1992, Council dealt with a variety of Quayside issues which also included the Davie Street end view. At that time Concord Pacific proposed some floating marina berths in the Street view corridor. Council determined that it "was not prepared to consider floating marina berths in the Davie Street end view corridor, noting that preservation of open water and views had been a matter of considerable public concern."
Staff consider the current proposal is substantially different in that the only elements in the view corridor are public, i.e. public pier, public moorage, public ferry stops, and a small public pavilion.
Shoreline Views
There are two aspects for which this proposal impacts public views of the water more than the current zoning. First, the proposed amount of water covered by private marina use has increased by approximately 50% ( from approximately 1.4 ha to 3 ha). This reduces public and private views of water from along this section of waterfront walkway and private views from residences. However, because the marina is designed to accommodate larger boats there is more space between the marina fingers and the actual water coverage by boats only is about 5% above that of the previous marina design. Second, the proposed restaurant is approximately 6 m (20 ft.) above the waterfront walkway along Marinaside Crescent and again limits southerly public and private views of the water and marina along approximately 36 m ( 120 ft.) of the Crescent which is approximately 200 m (656 ft.) long. To reduce the view impact of the restaurant staff recommend reducing its height from the waterfront walkway to 4.7 m (15.4 ft.) and its width to 19 m (62 ft.).
The developer has agreed to these recommendations.
Overcrowd the Water
The proposed marina expands beyond the harbour headline and reduces the width of the channel between the proposed marina and Heather Marina, on the south side of False Creek. This raises two concerns. First, the sense of the False Creek water body size is reduced. Second, the navigable channel between the proposed marina and the harbour headline on the south side of False Creek is reduced. With the intrusion of the marina past the Harbour Headline, manoeuvring space through the Cambie Bridge piers will be diminished.
After listening to neighbourhood water view concerns about expanding the marina, and discussions with the Blueways Committee and a group of False Creek users (see Blueways, Appendix F8 and False Creek Users, Appendix F10), staff recommend that the marina be pulled back to within the harbour headline. This would reduce the private marina water coverage approximately 30%, from approximately 3 to 2 ha. (7.4 to 4.9 acres). Also, to reduce the view impact of the westward portion of the marina, the inner two marina fingers are recommended to be pulled back a further approximately 10 m. (33 ft.) from the seawall. The developer has agreed with these recommendations.
Public Access and Boat Launching
Public access to the water will be provided along the Davie Street floating public pier, and along the easterly section of floating walkway parallel to the Crescent. The Park Board staff have proposed a public kayak storage area under the Cambie Bridge west on-ramp. To support this proposal, secure public access for kayak launching will be provided via the easterly ramp of the marina beside Coopers' Park. There are no opportunities for launching boats from a car trailer and staff would not expect it in this proposal. The management and hours of operations for these public walkways and boat launching will be to the satisfaction of the City (Engineering and Planning) in consultation with the marina operator. Staff note that the easterly section of the floating walkway would be achieved under the current zoning.
In addition to the public amenities of the proposed floating public pier, it provides access to the westwards private marina area. Pacific Place has stated that if the westward marina area was not approved they would not be prepared to provide the pier. As noted above, there are some objections to the view impact of the westward marina area from the public. Therefore the option for not approving the westward marina, including the floating public pier is presented as Consideration C (ii) for Council's decision at Public Hearing. If the public pier is not achieved then the full length of the floating walkway parallel to Marinaside Crescent would be required.
Public Ferry
A public ferry stop is proposed at the southerly end of the floating public pier. The one concern with this location is that it is a considerable distance (155 m or 500 ft.) from Marinaside Crescent and, in inclement weather, this could be considered an onerous walk for passengers. However this walk may be compensated by the weather protection of the public pavilion at the end of the pier. A secondary additional location for the ferry will be at the Davie Street end. This would require the ferries to navigate further within the marina. Staff discussed the proposal with ferry operators (Aquabus and False Creek Ferries) who had no concerns with the proposed marina layout, or the proposed ferry stops, and liked the idea of having both ferry stop locations available. The Davie Street end ferry stop will need a modest bulge in the public pier.
Staff recommend both ferry stop locations be secured; one for good weather and one for inclement weather. The principal ferry stop will provide weather protection for people waiting for the ferry and both will be designed to accommodate disabled access. The management of the ferry dock, including the determination of ferry operators, types of water craft, the setting of fees for such use, shall be to the satisfaction of the City.
Number and Boat Sizes
The current CD-1 by-law permits 260 boats with no determination as to boat size. The proposal is for a maximum of 150 boats which vary in size from 30 to 100 ft. in length. There are two concerns with the number of larger (51-100 ft.) boats proposed which make up 55% of the total. First, generally the larger boats have high hulls which rise above the water considerably more than the smaller boats. This generates more near water view blockage. Second, larger boats are considered by some to be exclusionary to the average citizen who has the desire for moorage in Vancouver. Concern has also been raised about allowing `party' charter boats. The concern is that these boat types can generate considerable `party' noise that can impact the livability of residential developments in the immediate area and throughout False Creek. Staff also note that the current CD-1 By-law allows 10% of the boats to be live-aboards. Neighbourhood residents have expressed concern with the potential noise and pollution generated by live-aboards and the developer does not wish to provide for them. Therefore, while the CD-1 By-law includes live-aboards the proposal does not include them.
With these concerns in mind, staff recommend the following: the number of small and medium sized boats to be approximately doubled ( see Boat Sizes and Visitor Moorage, Appendix D2); the number of large boats to be reduced by approximately 75%; and no charter `party' boats be allowed.
The developer is concerned that the reduction of the number of large boats reduces the economic viability of the marina, but has agreed to the recommendation.
Blueways
The Council approved Blueways Program - Update and Future Directions contains the following False Creek Policies and Guidelines:
- docks at strategic transportation nodes around the Creek accessible for people with disabilities to improve access to ferry transportation and recreational water craft;
- design and plan for unique waterfront environments with entertainment and retail amenities where appropriate;
- increase permanent moorage capacity in False Creek, ensuring that any initiatives are consistent with the False Creek Official and Area Development Plan, the False Creek North Official Development Plan and other relevant policies;
- provide short term daytime moorage and overnight moorage in False Creek (hourly, daily, weekly);
- encourage non-power craft use at the east end of False Creek; and
- develop pump-out facilities in marinas and at the proposed greeting dock.Staff note that the proposal does not increase moorage capacity with respect to number of boats, but does increase the linear length of available moorage. Staff generally consider the proposal meets Blueways objectives.
Restaurant
The proposal includes a 557.4 m2 (6,000 sq.ft.) restaurant with approximately 275 seats, located in the second block of Marinaside Crescent, east of Davie Street. It raises three main issues, principally for the residential neighbours located on the north side of Marinaside Crescent, which are: view impact; noise impact; and traffic impact.
View impact: the residential units on the north side of the first two blocks of Marinaside Crescent are above grade level retail. These residential units are two-storey with their main living room on the third storey, i.e. approximately 7.2 m (23.6 ft.) above grade and approximately 1.7 m (5.6 ft.) above the proposed restaurant height therefore generally allowing views over the restaurant but having downward views of the water reduced. To improve views over the restaurant staff recommend the height of the restaurant be reduced by an additional 1.7 m ( 5.6 ft.) which means it will be 3.2 m ( 10.6 ft.) below the residential living rooms.
The length of the restaurant along Quayside Crescent, approx. 36 m ( 120 ft.) will not impact the majority of the residential units along the Crescent. However, there are 4 or 5 units facing the front of the restaurant which, while being able to look over the restaurant roof, will have diagonal views of the water reduced. To improve diagonal views around the restaurant staff recommend the restaurant width be reduced to 19m (62 ft.).
Noise impact: the zoning and design intent of these two north side blocks of Marinaside Crescent was to provide retail and restaurant opportunities for area wide residents to come down to the water and shop and eat. This will entail sidewalk restaurant activity, pedestrian and vehicular traffic and the attendant noise generated by those activities. The residents moving into the area will have, or should have, anticipated this activity. However the proposed restaurant is a new use, and may add some noise to the two blocks across the street.
Traffic Impacts: traffic will be generated by the proposed marina and restaurant. The restaurant proposal will not add any density above that already allowed in the current zoning. Although the design of the area anticipates this traffic, the restaurant proposal will change the traffic patterns, with a new focus on the south side of Marinaside Crescent. However, the anticipated marina traffic will be reduced as the proposal calls for a maximum of 150 boats, not the 260 currently allowed. In addition, a further benefit of reducing the restaurant size from 557.4 m2 to 371.6 m2 (6,000 sq.ft to 4,000 sq.ft) with a proportional seating capacity reduction from approximately 275 to 175 would be to reduce traffic volumes.
Restaurant design: The applicant's proposed restaurant design would be relatively transparent with extensive use of glass. The kitchen area is to be located in a central core with an option for an open food preparation area surrounded by a light structure. Garbage and restaurant storage is to be concealed within the building envelope.
Restaurant density: the current CD-1 by-law for Area 4 allows 14 700 m2 ( 48,228 sq.ft.) of retail, service and office uses. No new density is being added to the Area 4 by the proposal. The marina sub-area allows 150 m2 (1,614 sq.ft.) of density. The recommendation would add 371.6 m2 ( 4,000 sq.ft.) to the marina sub-area.
Staff support the restaurant proposal. But with the above concerns in mind, staff in summary recommend the following: to reduce view and noise impact, reduce the size of the restaurant from 557.4 m2 to 371.6 m2 ( 6,000 sq.ft. to 4,000 sq.ft.) with a proportional seating capacity reduction from approximately 275 to 175: to reduce view impact, reduce the length of the restaurant facing Marinaside Crescent from approx. 36 m to 19 m (120 ft to 62 ft.) and the height of the restaurant from the waterfront walkway from 6 m to 4.7 m (20 ft. to 15.4 ft.). The developer has agreed to staff's recommendations.
There are some objections from the public to the restaurant. Therefore, the option for not approving the restaurant is presented as Consideration C(I) for Council's decision at public hearing.
Public Pavilion
A cafe was proposed at the southerly end of the public promenade. The Fire Department has advised that it will not meet the Building By-law with respect to fire access. To meet a public objective of providing a weather protected ferry stop and a pier end destination, staff recommend a pavilion structure that can accommodate public seating and utility connections that can support a seasonal concession stand. This meets fire access requirements and the developer agrees with the recommendation.
Parking and Drop-off
Marina: With the existing zoning for marina uses in the Quayside Neighbourhood, 83 off-site parking stalls were secured in the social housing site west of the Cambie Bridge (Building 4H). The proposal is for a maximum 150 berths, which will require a maximum of 75 parking spaces. Loading and drop-off for the marina has been accommodated along a lay-by on the south side of Marinaside Crescent west of the Cambie Bridge. This lay-by is well situated to service the portion of the marina east of Davie Street. However, with the expansion of the marina west of Davie Street, the lay-by is fairly remote from this expansion area, and loading for these berths will most likely occur from the ramp access at the Davie Street circle. The full road width around Davie Circle is required for large vehicle and fire truck manoeuvring, and would not be able to provide any loading zone opportunities. Loading space for this portion of the marina could be provided for on-street, along the south side of Marinaside Crescent, west of the Davie Street Circle.
Restaurant: Parking for the restaurant will be accommodated in off-site locations determined by the Director of Planning and the General Manager of Engineering Services. The restaurant parking requirement is to be provided within the surrounding mixed-use development sites.
Loading provisions for the restaurant will be provided by way of an on-street loading zone on the north side of Marinaside Crescent opposite the restaurant location. This section of Marinaside Crescent roadway is designed to accommodate one parking lane on the north side and two travel lanes (one in each direction) on the remainder. There are no opportunities to install on-street loading zones on the south side of Marinaside Crescent adjacent the restaurant, as this side of the street will be regulated as "No Parking Anytime". This option is not ideal, since deliveries to the restaurant would have to cross the street. This may result in violations in the "No Parking Anytime" regulations on the south side of Marinaside Crescent, where loading is more convenient.
Occupation of City Road
The proposed marina and restaurant will occupy portions of existing dedicated City roads, along the Davie Street end which extends to the Harbour Headline, and along the portions of the slope bank of the shoreline, east of Davie Street. With the construction of the seawall and as a condition of the Quayside rezoning, Pacific Place transferred lands containing the shoreline protection works to the City for dedication as Road. The shoreline consists of a sloped bank extending below the water that is usable as marina. The primary reason for dedication to the City is to ensure access and control of the shoreline works for maintenance purposes. The restaurant is located entirely within the dedicated road, along a portion of shallow creek bed which is not suitable for marina use.
An agreement will be required to allow the occupation of the City road by the marina and the restaurant. Staff are willing to support a term of 40+40 years, for the use of this area for the marina and restaurant. Staff are also willing to support a nominal fee for the marina use in this area as there are past precedents for such arrangement in the Coal Harbour and Bayshore Developments. However, the use of this area for restaurant use represents a significant market use of City road, and there are arguments to be made as to whether the City should charge Pacific Place for such use. Therefore staff are presenting a choice for Council: Recommendation E would give Pacific Place a lease at a nominal fee; and Consideration C(iii) would require staff report back on market rates to be charged to Pacific Place. Pacific Place is using existing density for restaurant use within the currently zoned Quayside Neighbourhood, and the applicant feels that a nominal fee should be charged since these portions of dedicated road were formerly owned by Pacific Place and were transferred to the City to maintain the shoreline.
The agreements would also secure City rights for the access, maintenance, repair, and reconstruction of the shoreline protection works. Also, if the restaurant does not proceed within ten years the City would take back the lease.
Accessibility Features
In consultation with the Disability Committee and Disabled Sailing Association (see Appendix F10 for full comments) the applicant is proposing, among others, the following principal accessibility features:
- a mechanical `ramp rider' that provides wheelchair access from Davie Street to the public promenade
- a mechanical hoist that provides handicapped access from the public pier into boats
- wheelchair access to the public pierOther Marinas
There are three other built, or planned, marina facilities on the north shore of False Creek. These are: The False Creek Yacht Club in the Beach Neighbourhood; Plaza of Nations marina; and the Abbott Street marina proposed in the FCN ODP. A Blueways policy is to "encourage non-powered craft use at the east end of False Creek (i.e. east of Cambie Bridge). By agreeing to the Pacific Place proposal to expand the Quayside Marina, the City would anticipate that the potential development of the Abbott Street marina may preclude motorised boats and encourage hand powered boats. This intention is reflected in the proposed changes to the FCN ODP (see Proposed FCN ODP Amendments, Appendix A3)
Comparative Summary Between Current CD-1 By-law And Amended CD-1 By-law
Some of the features of the proposal are the same or similar as the current CD-1 by-law, and some are different, as follows:
Existing CD-1 Amended CD-1
Same
- harbour headline maintained same
- width of walkway 10 ft. same
parallel to Crescent
- 2 marina buildings size 150 m2 same
- public kayak launching at east end same
- disabled access yes same
- ferry stop provided same
- berth pump out facilities yes same
- live-aboards up to 10% permitted sameDifferent
- street end view corridor from Davie Street end public pier is in view corridor
- number of boats 260 150
- boat sizes not defined, but generally small, medium and large
smaller
- length of public walkway 600 ft. 300 ft.
parallel to Crescent
- length of `Davie' public pier not provided 500 ft.
- width of `Davie' public pier not provided 12 ft.
- marina water lot(s) area 2.3 ha. 3.3 ha
- water area covered by boats 76,300 sq.ft. 77,800 sq.ft.
- restaurant area not permitted 371.6 m2 (4,000 sq.ft.)
- number of restaurant seats not permitted 175
- disabled sailing facilities not provided provided
- public pavilion not provided provided
- visitor moorage min. 5 berths required 8-9 side-tie berths and (total 1,825 nights) min. 350 annual nights
( total 3,270 days/nights)
Public Comment and Urban Design Panel
Public Comment: Approximately 4,000 notification letters were mailed by the City and Pacific Place explaining the proposal. Three neighbourhood meetings were held at which a total of over 300 people attended. There were also two meetings with the Yaletown-Concord Residents Association (see Public Input, Appendix F1). The residents, and their comments, can be summarised into three groups as follows:
Group 1: strongly object to the westerly expansion of the marina and the restaurant because of the impact on residential views, noise and traffic disruption in the neighbourhood and property values;
Group 2: support some expansion to the marina and a smaller restaurant; and
Group 3: support the proposal as presented.Written Responses: Staff received a total of seventy two (72) written comments regarding the marina proposal. In summary the comments were as follows:
- Twenty four (24) comments were in favour of the proposal
- Twenty four (24) were against.
- Sixteen (16) were concerned with specific details while generally being in favour of the proposal. These details include: the size of the restaurant; potential parking and traffic congestion problems; the extension of marina area west of Davie Street.The Urban Design Panel: The Panel unanimously supported the proposal (see Appendix F7).
CONCLUSION
In summary the public objectives being met by the proposal include:
- a public pier out into False Creek (although a reduction in the length of the public walkway parallel to Marinaside Crescent)
- kayak and small boat launching
- an integrated public ferry dock and public pavilion out in False Creek
- short term daytime moorage and overnight moorage
- expanded permanent moorage in False Creek
- disabled access to boating facility and to public pier
- encouragement of non-power craft use at the east end of False CreekBut there are concerns and staff recommend changes to the proposal that include:
- reduction of the floor area of the restaurant
- reduction in the height and width of the restaurant
- reduction of the marina area to keep within the harbour headline
- increase in distance of marina from westerly seawallThe developer agrees with the staff recommendations.
The Director of Central Area Planning recommends that the application be referred to a Public Hearing with a recommendation that it be approved, subject to draft CD-1 By-law provisions generally as shown in Appendix A and draft conditions of approval presented in
Appendix C.- - - - -
Table of Contents for Appendices
Appendix A: Amendments to By-Laws
A1 Proposed Text Amendment to Quayside CD-1 By-law (800-1100 Pacific Boulevard)
A2 Consequential Amendments to Roundhouse CD-1 By-law
A3 Proposed FCN ODP AmendmentsAppendix B: Amendments to Guidelines
B1 Proposed Amendments to Quayside Neighbourhood CD-1 Guidelines
B2 Consequential Amendments to Roundhouse CD-1 GuidelinesAppendix C: Draft Conditions of Approval
Appendix D: Additional Information
D1 Background
D2 Boat Sizes and Visitor Moorage
D3 Public Requirements
D4 Public Art
D5 Social and Environmental Implications
D6 SoilsAppendix E: Recommended Form of Development
Appendix F: Comments from the Public, Reviewing Agencies and the Applicant
F1 Public Input
F2 General Manager of Engineering Services Comments
F3 Social Planning Comments
F4 Police Department Comments
F5 Fire Dept Comments
F6 Park Board Comments
F7 Urban Design Panel Comments
F8 Blueways Comments
F9 Disability Committee Comments
F10 False Creek Users Comments
F11 Applicant's CommentsAppendix G: Applicant, Property and Development Proposal Information
APPENDIX A
Page 1 of 2Amendments to By-laws
A1 Proposed Text Amendment to Quayside CD-1 By-law (800 - 1100 Pacific Boulevard)
Revisions to existing CD-1 By-law No. 7248 would include the following:
Floor Area - in table 2, increase the maximum floor area for retail and service uses by
380 m² for site 4K to allow for the restaurant area and decrease the area for Site 4A-G by similar amount [in section 6.5].Parking - commercial uses located within the marina shall provide parking at locations as determined by the Director of Planning in consultation with the General Manager of Engineering Services. [in section 9]
Uses - decrease the number of berths from 260 to 150. [in section 4(f)]
A2 Consequential Amendments to Roundhouse CD-1 By-law
CD-1 (297) 1200-1300 Pacific Boulevard South, By-law No. 7156.
- Sub-areas: Diagram 1; amend sub-area 3 to exclude the water lot immediately west of the Davie Street axis.
- Schedule A: amend to exclude the water lot immediately west of the Davie Street axis.
A3 Proposed FCN ODP Amendments
Schedule A to By-law No. 6650 would be amended generally as follows, with struck-out text to be deleted, italic text to be added:
5.8 Area 6(c)
This residential area is located on the western edge of a major waterfront park and extends between the viaducts east of Abbott Street. Retail use is to be extended along the west side of Abbott Street to the waterfront. Abbott Street is to be extended for a short distance along the water to Carrall Street. A marina will be
APPENDIX A
Page 2 of 2
considered in the small bay with respect to the policy of encouraging non-power craft at the east end of False Creek. Berths will be located to provide a water view down Abbott Street. The land between the viaducts is to be developed with residential amenities and parking as determined at the sub-area zoning stage.
Schedule A to By-law No. 6650 would be further amended to reflect the above amendments by adjusting diagrams labelled:
- "FIGURE 8- MARINAS" (size of marina)-
- "FIGURE 10B - VIEWS"
- "FIGURE 11- SUBAREAS" (ODP boundary)Amendments to Quayside Neighbourhood CD-1 Guidelines and Roundhouse CD-1 Guidelines
B1 Proposed Amendments to Quayside Neighbourhood CD-1 Guidelines
Quayside Neighbourhood CD-1 Guidelines (By-law N0. 7248) (CD-1 No. 324): delete the diagrams labelled as follows:
- front cover
- Figure 1 Quayside Neighbourhood Boundary and Precincts
- Figure 2 Site Plan
- Figure 3 Building Orientation
- Figure 5 Building Height
- Figure 7 Architectural Expression
- Figure 8 Public Open Space Concept
- Figure 9 Parking Access
- Figure 10 Marina Location
- Figure 17 Public Plaza Planand by substituting the identically labelled diagrams amending the area boundary to include the water lot west of the Davie Street axis and illustrations of the marina layout.
B2 Consequential Amendments to Roundhouse CD-1 Guidelines
Roundhouse Neighbourhood (1200-1300 Pacific Boulevard) CD-1 Guidelines.
- Figure 1 Roundhouse Neighbourhood Boundary; amend to exclude the water lot immediately west of the Davie Street axis.
APPENDIX C
Page 1 of 10
Draft Conditions of Approval
Some of the conditions will be extensions, or additions, to agreements secured for 800-1100 Pacific Boulevard (Quayside).
NOTE: These are draft conditions which are subject to change and refinement by staff
prior to the finalization of the agenda for Public Hearing.
FORM OF (a) THAT the proposed form of development be approved by Council
DEVELOPMENT in principle, generally as prepared by and stamped Received, City of Vancouver Planning Department, December 4 1998, providing that the Development Permit Board may allow alterations to this form of development when approving the detailed scheme of development as outlined in (b) below;DESIGN (b) THAT, prior to the final approval by Council of the form of
development, the applicant shall obtain approval of a development application by the Director of Planning who shall have particular regard to the following:
(i) design development to limit the restaurant area to 371.6 m2;
(ii) design development to limit the restaurant height to 4.7 m;
(iii) design development to limit the restaurant width to 19 m along Marinaside Crescent;(iv) design development to the restaurant to ensure the land side frontage provides some visual access through portions of the restaurant and that this frontage is not dominated by garbage and servicing functions;
(v) design development to the marina layout to keep within the harbour headline;
(vi) design development to the westward marina layout to increase the distance from the seawall by approximately 10m of the two inner marina fingers.
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(vii) design development to the marina berth sizes to accommodate a maximum of 22 large boats (51 - 100 ft.) and 83 medium boats (40 - 50 ft.). There is no limit to smaller boats other than the maximum permitted by the CD-1 by-law.
(viii)design development to the public ferry dock and pavilion at the end of the floating public pier to, among other things, locate it on one side of the public pier and provide weather protection, and to provide an additional ferry stop at the Davie Street end;
CRIME PREVENTION
THROUGH
ENVIRONMENTAL
DESIGN (CPTED) (vii) design development to, among other things, provide a clear visual access from the length of the public promenade to the look out point at the endENERGY (c) THAT Council require the provision of low flow toilets, shower
EFFICIENT heads and faucets as standard features in Quayside Marina, as and
FEATURES when required by the Plumbing By-law;AGREEMENTS (d) 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
REMEDIATION and the consequential Remediation Plan, approved by the
(Pacific Place) Ministry of Environment. Enter into or cause to be entered into by the Province of British Columbia, agreements satisfactory to the Director of Legal Services, providing for the remediation of any contaminated soils on the Quayside Marina site in accordance with a Remediation Plan approved by the Ministry of Environment and acceptable to the City, providing security satisfactory to the Director of Legal Services for the completion of remediation and indemnifying the City and the Approving Officer against any liability or costs which may beAPPENDIX C
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incurred as a result of the presence of contaminated soils on the site;
SOILS (ii) 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 an approval, in a form satisfactory to the Director of Legal Services and the General Manager of Engineering Services, 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 such approval;SOILS (iii) Shall, as required by the General Manager of Engineering
VANCOUVER Services and the City's Director of Legal Services in their
CHARTER discretion, do all things and/or enter into such agreements deemed necessary to fulfill the requirements of Section 571(B) of the Vancouver Charter.OCCUPANCY (iv) 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 an approval, in a form satisfactory to the Director of Legal Services and the General Manager of Engineering Services, have been provided to the City by the Ministry of Environment;
MARINA (v) Execute an agreement with a term and cancellation provisions, satisfactory to the General Manager of Engineering Services and the Director of Legal Services, to allow for the occupation by the Marina of portions of City roads along the shoreline protection works and along the Davie Street end. The agreement shall allow access
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for inspection, maintenance, and replacement of the City works, and may involve the relocation of the Marina at the Marina owner's cost.
(vi) Execute an agreement satisfactory to the General Manager of Engineering Services and the Director of Legal Services, to allow access ramps and servicing for the Marina to connect to the City's seawall.
(vii) Execute an agreement satisfactory to the General Manager of Engineering Services and the Director of Legal Services, to ensure that adequate security is provide to the City to repair damage to the City's shoreline protection works caused by the Marina's construction and existence.
RESTAURANT (viii) Execute an agreement at an annual fee with a term and cancellation provisions, satisfactory to the General Manager of Engineering Services, Manager of Real Estate Services, and the Director of Legal Services, to allow for the occupation by the Restaurant of portions of City roads along the shoreline protection works. The agreement shall allow access for inspection, maintenance, and replacement of the City works, and may involve the relocation of the portions of the restaurant at the restaurant owner's cost.
(ix) Execute an agreement satisfactory to the General Manager of Engineering Services and the Director of Legal Services, to allow access ramps and servicing for the restaurant to connect to the City's seawall.
(x) Execute an agreement satisfactory to the General Manager of Engineering Services and the Director of Legal Services, to ensure that adequate security is provided to the City to repair damage to the City's shoreline protection works caused by the restaurant's construction and existence.
FERRY DOCK (xi) Execute an agreement satisfactory to the General Manager of Engineering Services and the Director of Legal
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Services, obligating Pacific Place to provide the following:
1. a ferry dock is to be designed and constructed at no cost to the City and to the satisfaction of the General Manager of Engineering Services, with location options provided at both the end of the proposed 500 foot floating public walkway, and at the base of the shoreline;2. no occupancy of the marina or the restaurant shall be permitted until the ferry dock is completed to the satisfaction of the General Manager of Engineering Services; and
3. the risks, responsibility, and costs for repair, maintenance and replacement of the ferry dock shall be obligated to the Marina owner.
4. access to the ferry dock by the public and various ferry operators, the type of watercrafts and any fees to be charged to the ferry operators shall be to the satisfaction of the General Manager of Engineering Services.
5. in any event, a temporary ferry dock, satisfactory to the General Manager of Engineering Services, shall be provided at the foot of Davie Street following the date of enactment of this rezoning until the completion of the final ferry dock.
PUBLIC WALKWAY(xii) Execute an agreement satisfactory to the General Manager of Engineering Services and the Director of Legal Services, to permit public access along portion of the Marina floating walkways and adjacent water area, as determined by the General Manager of Engineering Services and the Director of Central Area Planning.
RAPID (xiii) Register statutory rights-of-way satisfactory to the
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TRANSIT General Manager of Engineering Services and Director of Legal Services providing for rapid transit alignments on the subject lands;
PUBLIC BOAT (xiv) Execute an agreement satisfactory to the General Manager
LAUNCHING of Engineering Services and the Director of Legal Services, to allow public boat and kayak launching from portions of the Marina, as well as access through the Marina water lot to reach open water, as determined by the General Manager of Engineering Services and the Director of Central Area Planning.OVERNIGHT (xv) Execute an agreement satisfactory to the General Manager
VISITOR of Engineering Services and the Director of Legal
MOORAGE Services, to secure the provision of a minimum of 350 visitor nights annually.PARKING (xvi) Execute an off-site parking agreement satisfactory to the General Manager of Engineering Services and the Director of Legal Services, securing the required parking for the Marina and Restaurant from the adjacent lots, in locations satisfactory to the General Manager of Engineering Services.
SERVICE (xvii) Execute a service agreement, satisfactory to the
AGREEMENT General Manager of Engineering Services 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 General Manager of Engineering Services and the Director of Legal Services. Without limiting the discretion of the said City officials, this agreement shall include provisions that:APPENDIX C
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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 General Manager of Engineering Services;
2. the design of all the Services will be completed to the satisfaction of the General Manager of Engineering Services 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 General Manager of Engineering Services;
4. in addition to standard utilities, necessary services will include a 3.65 m (12 foot) wide, 152.4m (500 foot) long public floating walkway extending from the foot of Davie Street complete with lighting and other design requirements specified by the General Manager of Engineering Services;
5. the servicing of any development of the water lot portion of the subject site shall be provided for on the uplands Area;
SHORELINE (xviii) Execute agreements, satisfactory to the General Manager
WORKS of Engineering Services and the Director of Legal Services, obligating the property owners, at no cost to the City to design and modify the shoreline works relevant to the subject site to accommodate the proposed uses (the "Shoreline Works"), all to the satisfaction of the General Manager of Engineering Services (and the GeneralAPPENDIX C
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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 General Manager of Engineering Services;
2. the design of the Shoreline Works will be completed to the satisfaction of the General Manager of Engineering Services 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 General Manager of Engineering Services 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 therefore as required by the General Manager of Engineering Services, 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 obtain all necessary approvals and permits under the Navigable Waters Protection Act (Canada) and any ocean dumping
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permits which may be required by Federal authorities;
6. no occupancy of any buildings or improvements constructed pursuant to this rezoning shall be permitted until the Shoreline Works, is completed to the satisfaction of the General Manager of Engineering Services (and the General Manager of Parks and Recreation where relevant);
FLOODPLAIN (xix) Execute a flood plain covenant if necessary, satisfactory to the Director of Legal Services and the Ministry of Environment.
AMEND (xx) 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 (xxi) 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 Ferry Dock, as well as site remediation, may, in the discretion of the General Manager of Engineering Services 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
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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.
APPENDIX D
Page 1 of 5Additional Information
D1 Background
(i) The FCN ODP: includes background text as follows:
"2.2.1 Integrate With the City
False Creek North should not be a self-contained new town in the city, but an integral part of Vancouver. To integrate well with the city, the following should be addressed:
· key elements of the street grid should be extended as streets, pedestrian routes, or vistas;
2.2.3 Maintain the Sense of a Substantial Water Basin
The False Creek water basin is an important geographical feature in the centre of the city. Adjacent development should enhance its presence through consideration of the following:
· views to the water
3.2.8 Marinas
Marinas may be permitted in the areas illustrated on Figure 8. The shape, size, and use of these marinas shall be determined at the sub-area zoning stage, having regard to the following principles:
· some uses ancillary to marinas, such as repair facilities and parking, should be accommodated at unobtrusive locations;
· some space within marinas should be reserved for visitors;
· marinas should be of a size, number and location to:
maintain street-end views and key long views across the water; not overcrowd the water, especially the central basin; and, minimize on-shore disruption;
· marinas should not disrupt pedestrian continuity;
· services, such as parking and loading, should be located to be functional and convenient to marina users; andAPPENDIX D
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· opportunities for public boat launching should be achieved.
It is intended that public access be provided to portions of the marina proposed at the end of Davie Street, subject to resolution of liability and any other legal issues.
5.4 Area 4
This area is to be oriented around a major bay which contains a marina. This marina is to include visitors' moorage and public access to the water. The crescent shape of the bay is to be defined by a waterfront street lined on the north by a pedestrian walkway and shops, and on the south by the waterfront walkway. A continuous retail link to Downtown is to be provided along Davie Street which terminates in a water view. A park at the eastern edge of this area is to accommodate car-top boat launching."
Also Figure 10B illustrates a street end view on the Davie Street alignment.
(ii) Blueways Program-Update and Future Directions
6.0 FALSE CREEK POLICIES AND GUIDELINES
6.1 Access and Transportation
(a) Make docks at strategic transportation nodes around the Creek accessible for people with disabilities to improve access to ferry transportation and recreational water craft.
(b) Consider expanding ferry service in False Creek where appropriate.6.2 Marine Related Commercial/Retail Activity
(a) Design and plan for unique waterfront environments with entertainment and retail amenities where appropriate.
6.3 Marine Related Industry
(a) Look at opportunities to retain some marine-related industrial uses (such as small boat building or repair) as part of any new development in False Creek, and in particular, along the Southeast Shore of False Creek, ensuring that initiatives are consistent with southeast False Creek Policies.
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6.4 Moorage
(a) Increase permanent moorage capacity in False Creek, ensuring that any initiatives are consistent with the False Creek Official and Area Development Plan, the False Creek North Official Development Plan and other relevant policies.
(b) Provide short term daytime moorage and overnight moorage in False Creek (hourly, daily, weekly).6.5 Recreation, Tourism and Culture
(a) Encourage non-power craft use at the east end of False Creek.
(b) Explore ideas for educational and recreational programming which focus on the history and ecology of False Creek.6.6 Safety and Marine Regulations
(a) Identify and empower one agency to carry out enforcement of navigational, water safety and other marine regulations in False Creek.
6.7 Water Quality and Shoreline Environment
(a) Develop pump-out facilities in marinas and at the proposed greeting dock.
(b) Continue to improve the water quality in the Creek for fish, bird and wildlife habitat, and for human contact.
(c) Reclaim and renew habitat areas through sensitive redevelopment at the water's edge."(iii) Quayside Neighbourhood CD-1 Guidelines: includes background text as follows;
- A floating public walkway should connect Davie Street, where a ferry may be located, and the waterfront park.
- Canoe and kayak storage should be permitted on the floating walkway, with provision for hand launch from the float.
- a minimum of 5 berths for visitor moorage
- preservation of the Davie street-end view corridor
- a floating public walkway with a minimum width of 3.0 m and a public ferry dock
- up to 10% live-aboards
- two floating buildings for associated marina usesAPPENDIX D
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- small boat launching from the public walkway
D2 Boat Sizes and Visitor Moorage
Proposed boat sizes are as follows:
Boat Size
boat length in
feetnumber of
boatsas % of total
staff recommendation
small
25-39
22
20%
30%
medium
40-50
29
25%
55%
large
51-100
73
55%
15%
Visitor Moorage
nights avialable
sub-total
total
Current CD-1
5 in-marina berths
5 x 365 p.a.
1,825
Proposed CD-1
8 beside public pier+
8 x 365 p.a.
2,920
recommended in-marina
350
3,270
+ note these are not within private marina area
D3 Public Requirements
Through the FCN ODP and rezoning process the Pacific Place owned lands have supported the provision of both capital projects such as seawall, infrastructure and daycare, and land areas for such facilities as schools and parks.
The density attributable to this text amendment (primarily the restaurant and office component) is not additional density as it had previously been allocated to unrealized development on the land portion of the CD-1.
Therefore no additional public requirements are recommended.
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D4 Public Art
Public art payments were determined for the original CD-1 and, as for the public requirements above, the density attributable to this text amendment (primarily the
restaurant and office component) is not additional density as it had previously been allocated to unrealized development on the land portion of the CD-1 for Quayside.Therefore no additional public requirements are recommended.
D5 Social and Environmental Implications
The social implications can be summarized as follows:
- improved access for public launching of hand powered boats;
- enhanced public views of False Creek from public floating walkway;
- more opportunities for publicly accessible water fronting restaurants and cafe; and
- provision of public ferry stop.The environmental implications can be summarized as follows:
- may encourage increased boat use and resulting increase in air pollution although previously approved marina included considerably more boats although of a smaller size;
- increased area of water covered by marina facilities and boats which may impact water quality; and
- meets a local demand for boat moorage which will potentially reduce vehicular traffic to other lower mainland marinas.D6 Soils
The Ministry of Environment has confirmed that the waterlots in this area are "grandfathered" under the Contaminated Sites provisions of the Waste Management Act. However, the Burrard Environment Review Committee will have to approve the works associated with the proposed marina at the next stage of development.
Recommended Form of Development
MAP HERE
MAP HERE
MAP HERE
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Comments from the Public, Reviewing Agencies and the Applicant
F1 Public Input
Signs erected on site in January 1999. Over 4,000 notification letters were mailed on three occasions notifying owners of Public Information Meetings held February 16, March 23 and April 26 1999. The public information meetings were also advertised in local newspapers and through posters erected in neighbouring buildings.
The Public Information Meetings were held in the neighbourhood with approximately 110 neighbours attending each meeting. The comments from the public were balanced between those in favour of the development and those expressing concern over the proposal or some of its components. The principle comments of concern from the public focused on four areas:
1.Overall Character and Design of Marina:
· concern over character of area being different to other areas of sea wall walk in terms of activity
· potential hours of access and the impact on security and noise
· design issues including the size and number of boats; water area covered by marina structure and boats; size of cafe at end of floating walkway; overall impact on water views
· types of boats allowed in marina and need for services to reduce environmental impacts such as pump out facilities for waste
· number of slips available to visiting boats with short term moorage2. Marina Area West of Davie Street Axis:
· potential impact on Crestmark townhouse units on western edge of proposal
· distance of boat slips from shore
· effect on water views from expansion into water lot west of Davie Street3. Restaurant:
· concern over rationale for restaurant location, size, and height
· impact on views
· hours of operation
· potential impact of restaurant activity on parking, noise and odour4. Floating Public Walkway
· concern for maintenance responsibility of marina and floating walkway
· policing and controlled hours of accessAPPENDIX F
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Written Responses: Staff received a total of seventy two (72) written comments regarding the marina proposal. In summary the comments were as follows:
- Twenty four (24) comments were in favour of the proposal
- Twenty four (24) were against.
- Sixteen (16) were concerned with specific details while generally being in favour of the proposal. These details include: the size of the restaurant; potential parking and traffic congestion problems; the extension of marina area west of Davie Street.Additional Concerns: Eight (8) written responses were concerned that Concord Pacific advertising literature had not appropriately disclosed the form of development of the marina to purchasers. They submit that what was presented to buyers reflected a marina form different from what is being proposed which would change the type of views presented to buyers. The major points of concern were the size and location of the restaurant and the amount of marina coverage in the bay.
F2 General Manager of Engineering Services Comments
Engineering has identified the following conditions of approval that must be satisfied prior to enactment of the bylaw.
1. Clarify the provision and location of vehicle loading requirements for all uses on the site.
2. Clarify the provision of garbage facilities and their operations for the site.
3. Provide additional details on the off-street parking requirements for all uses on the site, and clarify where these off-site spaces are to be provided. Off-site parking for the restaurant shall be provided in adjacent sites which already contain commercial public parking spaces.
4. Execute an off-site parking covenant satisfactory to the City Engineer and the Director of Legal Services securing all required parking.
5. All B.C. Hydro and Telephone services are to be underground within the site from the closest suitable pole or service point at the applicant's expense.
6. Resolve the conflict with the existing Harbour Headline in the area west of the Davie Street end. The marina expansion is to be revised to eliminate the berths beyond the Harbour Headline.
7. Execute an agreement satisfactory to the City Engineer and the Director of Legal Services for the occupation of City Road, along the shoreline and over the DavieAPPENDIX F
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Street end, by the Marina, floating walkways, the restaurant, and all other uses proposed. The agreement may include an annual fee for the use of the road area.
8. Execute an agreement satisfactory to the City Engineer and the Director of Legal Services to allow the access ramps for the marina and the restaurant to attach to the seawall and shoreline walkway.
9. Execute an agreement satisfactory to the City Engineer and the Director of Legal Services to provide adequate security for the repair any damage to the City's shoreline protection works, which may be caused by the construction and existence of the marina and restaurant.
10. Execute an agreement satisfactory to the City Engineer and the Director of Legal Services obligating the applicant to construct a ferry dock, to assume responsibility for repair and maintenance of the ferry dock, and to provide ferry dock access for the public and various ferry operators as determined by the City Engineer.
11. Execute an agreement satisfactory to the City Engineer and the Director of Legal Services to permit public access along portions of the Marina floating walkways, the extent and times of operation to be determined by the City Engineer.
12. Execute a statutory right-of-way satisfactory to the City Engineer and the Director of Legal Services providing for rapid transit alignments on the subject lot.
13. Execute an agreement satisfactory to the City Engineer and the Director of Legal Services to allow public boat and kayak launching from portions of the Marina as determined by the City Engineer.
14. Execute an agreement satisfactory to the City Engineer and the Director of Legal Services to secure access to the shoreline protection work to allow inspection, maintenance, and replacement of the shoreline protection works.
15. Execute an agreement satisfactory to the City Engineer and the Director of Legal Services to provide for all necessary servicing for the Marina site. The applicant will need to resolve the issue of providing separate service connections for the Lot 225 and Lot 216, unless consolidation of the lots can be achieved.
16. Execute an agreement satisfactory to the City Engineer and the Director of Legal Services to provide for any modifications to the shoreline protection works.F3 Social Planning Comments
Public Art: On the basis that no new density is being added to Area 4 or 5, no new public art contribution is required above that previously calculated for these areas.
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F4 Police Department Comments
The CPTED office of the Police Department did an extensive review of the proposal. The summary is as follows:
Plans to build a 500 ft., public pier in the Quayside Marina Development can be a viable positive feature for the neighborhood and the city of Vancouver. Neighborhood reluctance stems from the fear that the pier will attract unwanted user groups with late night parties and rowdiness which may escalate to mischiefs and possible conflict with legitimate users and residents.
The Marina is situated in an economically stable environment. There is no beach access and it will have an exclusive restaurant in close proximity. The pier will draw people from the stable residential neighborhood adjacent, as well as the owners mooring their boats in the marina. This site offers no beach, high legitimate use, active area use (such as commercial businesses, restaurants etc.) and residential density acting as guardian to the pier. All of these factors create an atmosphere unattractive to illegitimate users.
Regulations regarding public boat access to the pier must be carefully assessed. Access control from the land is well resolved. Access via water by public boats must also be considered. Hours of access must be strictly enforced with consideration given to hiring security if 24 hr. Marina management is not planned. A common problem was identified in association with Ladner Harbour Park pier, West Vancouver 14th Ave. Pier and to a lesser extent, White Rock Pier. Boaters who started the day sober, were often returning in an inebriated state, increasing the potential for problems. Ladner and West Vancouver piers have boat ramps adjacent to them which enhance these problems. The absence of a boat launch at Quayside Marina will certainly help mitigate this potential problem, however; this highlights the need for strict management regarding hours of public boat access to the pier. Consideration should be given to restricting access (non-member boats) to daylight hours in winter and an appropriate time during the busy summer months.
A public pier at Quayside Marina will be a positive feature for the neighborhood and the marina. Factors which would normally attract unwanted activity to the pier do not exist in this development. Strict regulations and enforcement of public boat moorage will ensure the pier remains an attractive destination for the public.
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F5 Fire Department Comments
The proposed cafe at the end of the public pier 500' away from the street will not meet Vancouver Building By-law requirements for fire department access to building. However, should the cafe be more of a small concession stand with no cooking and seating, then an equivalency for the building may be acceptable. Otherwise, any
building entrance must be within 15m to a street according to the Building By-law. The limit of 15m from street to the principle entrance of a building is also applicable to the restaurant.F6 Park Board Comments: Planning And Operations Division
Kayak storage: kayak storage at Coopers' Park under the Cambie Street bridge was originally planned as overflow from False Creek Community Centre. The space is still required and the details for the size and layout will follow.
- The kayak users would like to launch from the gangway as a first choice. It is not appealing to launch at Cooper's park at middle or low tide when cobbles are exposed and slimy. Landing is more difficult than launching as the kayak crack-up on the cobbles.
- Gates should be located at the fingers only allowing access to the full length of the gangway paralleling Marina Side Crescent.
- Provide both garbage receptacles and wheelbarrow storage in a convenient vicinity to the gangway. These amenities need to be readily accessible.
- Provide dinghy storage on a common float where dinghies can be stored 3 or 4 high on a metal racking system.
- To promote its use, the ferry should be located closer to the public gangway at the first finger at the west side of the marina. For people to use the ferry, it has to be located where its departure and arrival are convenient and doesn't entail a long walk in the rain. This pier should be locked off and any loss here can be made up by opening the gangway parallel to Marina Side Crescent to the public.- The idea of a cafe at the end of the pier has two major drawbacks: 1) food handling and 2) garbage removal. It is very inconvenient to bring food and carry garbage back along a dead-end pier. Having only coffee is not enough of a draw.
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F7 Urban Design Panel Comments
On January 13 1999 the Urban Design Panel reviewed the application. The Panel commented as follows:
EVALUATION: SUPPORT (5-0)
· Introduction: Jonathan Barrett, Senior Planner, presented this application for an expanded marina in False Creek North in the Quayside Neighbourhood. The proposed facilities include a public walkway extended over the water on the axis of Davie Street, with a cafe, marina office and Granville Island ferry stop at the end. An issue for consideration in this regard relates to the blockage of street-end views. The proposed new marina is intended to accommodate 132 large boats. The Panel is asked to consider the appropriateness of the location of this marina and whether it is encroaching too far into False Creek, noting it extends beyond the harbour headline. Comments are also sought on the location of the marina office and the restaurant.
· Applicant's Opening Comments: Peter Busby, Architect, noted the original rezoning called for a marina for 260 boats. However, it has now been determined there is a need to accommodate larger vessels. He stressed there is a commitment to providing high quality infrastructure. He briefly described the proposal.
· Panel's Comments: After reviewing the model and posted drawings, the Panel commented as follows:
The Panel unanimously supported this application and found it a very attractive proposal. The Panel particularly supported the public access at the end of Davie Street and the extension of the walkway out onto the water. It will be a significant public amenity. Panel members had no concern about the blockage of street end views, noting that in this instance the main aspect at the end of Davie Street is beyond this bay to the other side of the creek.
The Panel had a number of operational concerns. Access to the marina from the marina parking and how boaters will get supplies to and from their boats will need to be very carefully worked out. The various uses on lot 4H, including the marina parking, will need to be very clearly delineated to ensure proper servicing for the marina. One Panel member wondered if the marina was trying to achieve too much in terms of public access, making the layout inefficient. The suggestion was
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to restrict public access to the Davie Street extension and the access to the restaurant.
The restaurant, particularly the service aspects of it, will need to be very carefully worked out to make sure the seawalk experience is not adversely affected. There were no concerns about the proposed siting of the restaurant.
With respect to the public ferry dock, the Panel recommended that adequate weather protection be provided. It was also suggested the ferry dock might be pulled back closer to the shoreline to make it more convenient for ferry passengers.
There were mixed views regarding the extension of the moorage beyond the harbour headline. In any event, the Panel felt there was a need to demonstrate that the congestion in the marina will be adequately addressed in terms of public safety.
The Panel generally felt the quality of the proposal promises to produce an excellent development. It was recommended that consideration be given to including some public art pieces in the scheme to celebrate the public access aspects of the whole precinct. Noting that achieving public access has proven to be somewhat illusive throughout the rest of north False Creek, it was felt that this project sets some important precedents for tying False Creek to the water in a very positive way.· Applicant's Response: Mr. Busby noted the operational issues have been an ongoing concern and they believe they can be satisfactorily resolved. He noted there will be a loading zone on the water.
F8 Blueways ( Water Opportunities Advisory Group) Comments
On February 10 1999 the committee reviewed the application. The committee commented as follows:
A number of the proposed changes were supported by the WOAG and conform with the Blueways policies and guidelines adopted by Council:
- the pier, restaurant and café add to the diversity of the water experience.
- the pier provides access to the water for the public
- the marina will provide extra moorage, both for residents and visitors.
- provision of ferry access
- the extension of the seawall east of the marina make the bordering land more publicAPPENDIX F
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The concerns were:
- the extension of the marina into False Creek may reduce navigable water, thereby limiting the movement of vessels
- the extension may have the impact of cutting the east basin of False Creek off to larger boats. This may not be as critical if the area east of Cambie Bridge is designated as a non-power zone
- crowding and water coverage with boats, ie water use versus water storage
- size of slips. The reconfiguration will decrease the availability of slips for smaller boats
- There was some discussion regarding live-aboard space. It was felt that live- aboards aided in the provision of security, although there was some concern expressed at encouraging "houses on water".
Actions:
- Suggest that Concord complete a technical assessment to determine the impact that the extension will have on the movement of vessels in False Creek.
- Convene a stakeholder meeting to get feedback from users of False Creek as to the impact of the marina extension on vessel movement. Should be convened by WOAG and the False Creek North staff.F9 Disability Committee Comments
On March 4, 1999 staff met with the Disability Committee to review the marina proposal. Summary of Committee concerns is as follows:
- width of floating walkway -10 ft. clearance needed for passing wheelchairs
- incline of ramp during low tide extremes
- guard rails/ hand rails
- would like to see a form of building code equivalency
- access to boats from wheel chairs
- turnaround at end of floating walkway
- need to address the issue of more use of canes and walkers in the future (benches at end)
- sitting area part way along floating walkway
- weather protection for ferry landing
- telephone for safety
- water sports access? (paved slipway and platform for entering/ exiting sail boats)APPENDIX F
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Disabled Sailing Association: On April 23 1999 staff met with the Association. Their summary comments are as follows:
- as designed the public pier can serve as a first class facility for disabled sailors;
- there are a variety of minor details that can be worked out at the development permit stage. These include, among others, the following: ramp surfaces and transition plate, handicapped hoist provision (to be supplied by the developer), wheelchair security, and disabled washroom facility.F10 False Creek Users Comments
On March 25, 1999 staff met with users of False Creek to review the potential impact of the marina proposal on activities in the water body. The following groups were invited:
Coast Guard, Navigable Waters Protection Officer; Vancouver Port Authority, Harbour Master; Vancouver Marine Police Squad; False Creek Harbour Authority; Spruce Harbour Marina; Heather Civic Arena; False Creek Yacht Club; RivTow Marine; Coopers Boating Centre; EcoMarina Kayak; Champagne Cruises; Canadian International Dragon Boat Festival Society; and False Creek Racing Canoe Club.
Summary of concerns:
- the extension of the marina past the Harbour Headline will reduce navigable water
- concern over reduced safety of the waterway for users of hand powered vessels that will be forced out of protective bay and further out into the centre of the Creek into traffic
- size of boats may create a safety concern for small hand powered and small sail powered boats used by youth in the CreekF11 Applicant's Comments
"This project has undergone a significant public review process during which a number of issues and concerns have been raised. We know the difficulties City staff are faced with as they try to balance a developing neighbourhood's issues with public objectives for the north shore of False Creek specifically and False Creek in general. We have carefully reviewed staff's recommendations to reduce the size and scale of the proposed marina and restaurant in response to issues raised. While we have some concern about the impact these reductions will have on the viability of our proposal, we understand why City staff is making these recommendations.
APPENDIX F
Page 10 of 13Concord Pacific is pleased to advise that it cautiously supports the recommendations put forth in this report, and further wishes to highlight a number of points, as outlined below.
Overview of Marinas in False Creek
There are 6 existing marinas in False Creek east of the Granville Street Bridge accommodating a total of 700 boats. Of these, 4 are located on the south shore accommodating 600 boats and 2 are on the north shore accommodating 100 boats. Blueways has noted a lack of moorage facilities in False Creek in general and specifically on the North Shore and we have attempted to address this through our proposal.Our proposed marina will increase permanent moorage in False Creek by about 20% and provide a marina readily accessible to the residents of the north shore of False Creek.
Public Access to Marinas in False Creek
None of the existing marinas in False Creek offer any real degree of general public access. Basically if you are not a member of a marina the marina is basically off limits.Our proposed marina will feature a 500 foot long floating promenade accessible by the general public and will be handicapped accessible. As well our proposal includes an area for hand launching of non motorized crafts by the general public.
Our Proposed Marina Expansion
The expansion is in keeping with Council policy and Blueways regarding increasing permanent moorage capacity in False Creek and will offer some relief for transient moorage.We are proposing to expand the overall area of the marina while reducing the number of boats allowed by 40%. This is in response to market demand for a variety of berth lengths.
Addresses Transient Moorage in False Creek
There is a definite lack of short term transient moorage in False Creek as clearly shown by the amount of illegally moored boats in the Creek. The 6 existing marinas offer very little if the way of transient moorage.Our proposal will have 10 temporary moorage berths along the public pier as well as 350 visitor nights in the marina. This will help to address the need for real transient moorage in False Creek.
APPENDIX F
Page 11 of 13Inter-Connections of Marina Expansion, Floating Public Pier & Restaurant
This proposed development is comprised of three inter-connected elements: a marina expansion from Davie Street westward, a floating public pier in the Davie Street right-of-way and a water's edge restaurant. The connections between the three is as follows:
· The ability to provide the 500 foot long public pier is directly linked to the marina expansion from Davie Street westward. Without the westward expansion, the project cannot accommodate the public pier.
· The ability to provide 10 temporary berths along the 500 foot long pier as well as 350 visitor moorage nights is directly linked to the water's edge restaurant. Without the restaurant the project cannot accommodate this amount of public moorage.
In summary, we have attempted to work to respond to the issues in a positive manner. In consultation with City staff we have agreed to a compromised plan that will be both pleasing and beneficial to the people of the City of Vancouver.
Concord Pacific looks forward to continuing our good working relationship with the City to complete the rezoning process for the Quayside Neighbourhood."
In addition the applicant has provided a description of their intentions for the operation of the marina which is as follows:
1.0 Description of Overall Marina Operation: The overall marina operation will be comprised of 3 distinct components: a marina, which will include a minor marine related commercial component, a restaurant and a parkade which will service both the marina and restaurant. It is envisioned that all 3 components will be managed by one group with sub-leases as required.
1.1 Marina: The marina will be zoned to have the capability of housing a maximum of 150 boats. There will be no live-a-boards, floating homes or boat sheds in the marina. The marina will be run by a professional marina operator. Moorage will be available on either a lease arrangement and/or on a strata title basis. The marina will include a modest amount of marine related retail located in a floating structure(s). Support services such as change rooms and storage will be included. Hours of operation will respond to user demand and be similar to other marinas in False Creek.
APPENDIX F
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1.2 Restaurant: The restaurant will be situated on piles and will include a maximum of 4,000 ft2 of interior space as well as a maximum of 1,000 ft2 of outdoor decking. The restaurant will likely be sub-leased and operated by a professional restaurateur. It is envisioned that the restaurant will cater to a range of customers including the marina users, neighbouring residents and seawall users. Hours of operation will be similar to that of other restaurants in the area.
1.3 Parkade: Parking for the marina and restaurant will be in the marina parkade located across the street in building 4H. It will be run by a professional parkade operator. This parkade has 83 full time parking spaces as well as access to an additional 10 spaces during the evenings and on weekends holidays. Valet parking is contemplated for restaurant customers arriving by car. Card access will be provided to the parkade.
2.0 Servicing
2.1 Deliveries: Deliveries for the restaurant and marina will be from dedicated spaces located on the north side of the adjacent Marinaside Crescent. It will be similar to how other restaurants in the area are serviced. Marina users wanting to drop off supplies for their boats will use the seven designated short term parking spaces on the south side of Marinaside Crescent at the east side of the marina.
2.2 Garbage Storage & Removal: Garbage from the marina will be stored on the marina service piers and located in adequately vented buildings
.Garbage from the restaurant will be stored inside the restaurant or in an attractively screened outdoor enclosure. Garbage removal for the restaurant and marina will be from the adjacent Marinaside Crescent as indicated in 2.1 Deliveries.2.3 Drop-Off & Parking: There are seven designated short term parking spaces on the south side of Marinaside Crescent at the east side of the marina. A portion of these spaces will be designated for drop-off for the restaurant and short term parking for the marina users..
2.4 Security: Marina security gates and ramps will be located and designed so that marina and emergency access to the water is maximized and view blockage from the shore is minimized. Each marina berth will provide direct access from vessel to an unobstructed marina float. The City will be responsible for the provision of security for the floating promenade.
APPENDIX F
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3.0 Access
3.1 Floating Public Pier: Controlled public access be will provided to the floating public pier on a daily basis. Hours of access will be determined by the City in discussions with the marina operator. Utility services will be provided at the south end for minor seasonal retail use with seating as required. Access to the actual marina will be restricted to actual marina users.
3.2 Hand Craft Launching: Access will be provide to the public to hand launch small craft like kayaks and canoes at the east end of the marina near Coopers Park. This will allow these crafts a separate access to the water away from motorized vessels. It also provides convenient access to the kayak storage that the Park Board will be constructing and operating under the nearby Cambie Street Bridge.
3.3 Handicapped Access: The floating public pier will be handicap accessible. A ramp rider will be provided to transport wheelchairs up and down form the promenade. A handicap hoist will also be provided to permit easy access and egress to boats.
3.4 Public Ferry Dock: There will be two access areas for public ferry use. The primary access will be located at the end of the floating public pier. Space for an optional drop-off area will be provided at the north end of the floating promenade for service during inclement weather.
APPENDIX G
Page 1 of 1
Applicant, Property And Development Proposal Information
Applicant and Property Information
Street Address
120-1300 Marinaside Crescent
Legal Description
Part of Lot 216 except part in Plan LMP 30177, False Creek Group 1 New Westminster District, Plan LMP 10733
Applicant
Busby + Associates Architects
Property Owner
Pacific Place Developments
Developer
Pacific Place Developments
Site Statistics
Gross
Dedications
Net
Site Area
3.3 ha.
-----
same
Development Statistics
Development Permitted Under Existing Zoning (marina site 4K)
Proposed Development
Zoning
CD-1
CD-1 amended
Uses
Retail and Service Uses, Marina (260 berths)
Retail and Service Uses, Marina (150 berths)
Maximum Floor Space Area
150 m2
530 m2
Maximum Height
6.1m
same
Parking
63
81
* * * * *
(c) 1998 City of Vancouver