Agenda Index City of Vancouver

PUBLIC HEARING AGENDA

Decisions from this meeting.

Minutes of the meeting.

1. HERITAGE DESIGNATION & HERITAGE REVITALIZATION AGREEMENT: 656-660 Union Street

Administrative Report dated July 14, 1999, refers.

Summary: To secure the rehabilitation and protection of the two existing buildings on the site, listed in the “B” category on the Vancouver Heritage Register, and permit a number of zoning variances including site area coverage and floor space ratio increase.

Applicant: Jan Timmer Architect, Ltd.

Recommended Approval: By the Director of Current Planning

2. HERITAGE DESIGNATION & HERITAGE REVITALIZATION AGREEMENT: 1196 Granville Street [677 Davie Street]

Administrative Report dated July 13, 1999, refers.

Summary: To secure the restoration and protection of the Granville Street facade of the Bank of Nova Scotia Building, listed in the “B” category on the Vancouver Heritage Register, and permit a floor space bonus.

Applicant: Architectura, on behalf of The Dance Foundation

Recommended Approval: By the Director of Current Planning

3. TEXT AMENDMENT: 2657-2693 West 10th Avenue

Policy Report dated May 28, 1999, refers.

Summary: The proposed text amendment would increase the permitted floor area in theexisting seven unit townhouse project.

Applicant: Eric Stine Architect Inc.

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

(a) THAT the proposed form of development be approved by Council in principle, generally as prepared by Eric Stine Architect Inc., and stamped "Received City Planning Department, February 8, 1999,” provided that the Director of Planning may allow minor alterations to this form of development when approving the detailed scheme of development.

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

(i) make arrangements to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services for proposed changes to the strata titled common property such that the proposed configuration will conform to the condominium act; and

(ii) provide clarification of the charges on title for both lots. A charge summary should be provided.

4. TEXT AMENDMENT: 1088 Marinaside Crescent

Policy Report dated May 31, 1999, refers.

Summary: The proposed text amendments would permit a marina expansion and provision of a restaurant.

Applicant: Busby + Associates Architects

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

Draft Conditions of Approval

Some of the conditions will be extensions, or additions, to agreements secured for 800-1100 Pacific Boulevard (Quayside).

FORM OF (a) THAT the proposed form of development be approved by
DEVELOPMENT Council 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:

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 end;

ENERGY (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 and
REMEDIATION 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 be 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 for inspection, maintenance, and replacement of the City works, and may involve the relocation of the Marina at the Marina owner’s cost.

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.

FERRY DOCK (xi) Execute an agreement satisfactory to the General Manager of Engineering Services and the Director of Legal Services, obligating Pacific Place to provide the following:

PUBLIC (xii) Execute an agreement satisfactory to the General Manager of
WALKWAY Engineering Services and the Director of Legal Services, to permit public access along portion of the Marina floatingwalkways 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 General
TRANSIT 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 of
VISITOR Engineering Services and the Director of Legal Services, to
MOORAGE 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 General
AGREEMENT 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:

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 General Manager of Parks and Recreation where such improvements encroach on park areas). This agreement will include provisions that:

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 and
COVENANTS 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 bedrawn, 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 advisable, accept tendering of the preceding agreements for registration in the appropriate Land Title Office, to the satisfaction of the Director of Legal Services, prior to enactment of the by-law.

The preceding agreements shall provide security to the City including indemnities, warranties, equitable charges, letters of credit and withholding of permits, as deemed necessary by and in a form satisfactory to the Director of Legal Services.

The timing of all required payments shall be determined by the appropriate City official having responsibility for each particular agreement, who may consult other City officials and City Council.

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