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CITY OF VANCOUVER

SPECIAL COUNCIL MEETING MINUTES

JULY 27/29, 1999

A Special Meeting of the Council of the City of Vancouver was held on Tuesday,

July 27, 1999, at 8:00 p.m., in Council Chambers, Third Floor, City Hall, for the purpose of holding a Public Hearing to consider Heritage Revitalization Agreements and proposed amendments to the Heritage and Zoning and Development By-laws. The Public Hearing was subsequently reconvened on Thursday, July 29, 1999, with the same members present except for Councillors Clarke, Kennedy, Don Lee, and Price.

JULY 27, 1999 JULY 29, 1999
(Items 1 to 3) (Item 4)

PRESENT:

Mayor Philip Owen Mayor Philip Owen
Councillor Don Bellamy Councillor Don Bellamy
Councillor Nancy A. Chiavario Councillor Nancy A. Chiavario
Councillor Jennifer Clarke Councillor Alan Herbert
Councillor Alan Herbert Councillor Daniel Lee
Councillor Lynne Kennedy Councillor Sam Sullivan
Councillor Daniel Lee
Councillor Don Lee
Councillor Gordon Price
Councillor Sam Sullivan

ABSENT:

Councillor George Puil Councillor Jennifer Clarke

Councillor Lynne Kennedy (Sick Leave)
Councillor Don Lee (Civic Business)
Councillor Gordon Price (Conflict of Interest)
Councillor George Puil

CLERK TO
THE COUNCIL: Tarja Tuominen

COMMITTEE OF THE WHOLE

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

THAT this Council resolve itself into Committee of the Whole, Mayor Owen in the Chair, to consider Heritage Revitalization Agreements and proposed amendments to the Heritage and Zoning and Development By-laws.

- CARRIED UNANIMOUSLY

1. Heritage Designation: 656-660 Union Street

An application by Jan Timmer Architect, Ltd. was considered as follows:

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.

The Director of Current Planning recommended approval of the application.

Staff Comments

Gerry McGeough, Heritage Planner, reviewed the application. Staff feel issues have been addressed by the applicant. The Heritage Commission supports the application and the project meets the intent of the RT-3 schedule. The proposed development is in keeping with the surrounding streetscape. Staff recommend support for designation of the two buildings.

Applicant Comments

Jan Timmer, applicant, described the proposed development as a highly unique project. It will emphasize two wonderful heritage structures and restore a third building.

Summary of Correspondence

Council was advised the following correspondence was received:

· one letter in support, but expressing a concern about the revised plan to move a side entrance to the front unit to the front facade.

Item No. 1 (cont'd)

Speakers

Mayor Owen called for speakers for and against the application.

The following spoke in support of the application:

· Hal Kalman, Vancouver Heritage Commission
· Nicole Liddell
· Gillian Maxwell
· Richard Kay
· Bryan Espaillat
· Nora Kelly, Strathcona Residents Association
· Peter Walton

The foregoing speakers supported the application based on one or more of the following points:

· the project illustrates the growth in the Strathcona area;
· the building and site are unique and worthy of heritage restoration;
· the proposed streetscape will enhance the block;
· neighbours are impressed with the applicant's last project in the neighbourhood;
· neighbours are happy the vacant buildings will be occupied;
· the revisions have responded to the concerns identified at the initial viewing of plans.

Susanne Osmond supported the development and the revitalization of the buildings. However, Ms. Osmond had concerns about the density of the development and potential impact on parking in the immediate neighbourhood.

Colin Hay supported the development in general. However, Mr. Hay felt the effect on neighbours and the neighbourhood had not been adequately thought out. Some of Mr. Hay's concerns included: the oppressive bulk of the development; inadequate sideyards; location of the front unit door and deck; and noise concerns from the roof deck being located level with the bedroom of the adjacent house.

Applicant Closing Comments

Brad Alberts, applicant, advised the floor space ratio for the project is not excessive. The front door has been relocated for Unit 2. The roof deck will have extensive landscaping to screen noise.

Item No. 1 (cont'd)

MOVED by Cllr. Kennedy,

A. THAT the two heritage buildings at 656 - 660 Union Street be designated as Protected Heritage Property.

B. THAT Council authorizes the City to enter into a Heritage Revitalization Agreement to secure the rehabilitation of the two buildings at 656 - 660 Union Street and vary provisions of the Zoning and Development By-Law, as indicated under Development Application DE404181, thereby permitting:

· an increase in the floor space ratio from the conditionally permitted 0.75 to 1.26;
· an increase in the maximum permitted site area coverage from 50 to 59.5 percent; and
· other variances to the RT-3 District Schedule, as indicated in Development Application DE404181.

C. THAT Council instructs the Director of Legal Services to bring forward for enactment a By-law to designate the two heritage buildings and a By-Law to authorize the Heritage Revitalization Agreement.

- CARRIED UNANIMOUSLY

2. Heritage Designation: 1196 Granville Street

An application by Architectura, on behalf of The Dance Foundation, was considered as follows:

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.

The Director of Current Planning recommended approval of the application.

Staff Comments

Gerry McGeough, Heritage Planner, briefly reviewed the application and advised staff support the designation of the Granville Street facade of the Bank of Nova Scotia Building.

Item No. 2 (cont'd)

Applicant Comments

Moh Faris, applicant, hoped for Council support of the application.

Summary of Correspondence

There was no correspondence received on this application.

Speakers

Mayor Owen called for speakers for and against the application.

The following spoke in opposition to the designation of the Granville Street facade only of the Bank of Nova Scotia building and the proposed heritage density bonus:

· Hal Kalman, Vancouver Heritage Commission
· Don Luxton, Canadian Art Deco Society
· Susanna Houwen, Heritage Vancouver Society

The foregoing speakers opposed the designation and heritage density bonus on the basis of one or more of the following points:

· the Heritage Commission gave conditional support for the preservation of the two facades of the building; the Commission did not support preservation of only one facade;
· giving the applicant a heritage bonus of 2 fsr for preserving one facade is extremely high and sets a low point for conservation for Vancouver;
· the applicant should be given instead a bonus of one fsr for a cultural amenity bonus and one fsr for the heritage bonus;
· in exchange for limited tenure, the heritage value of the building is destroyed; it is an abuse of the density bonus mechanism;
· the Dance Centre lease is for a temporary term of 25 to 30 years; at the end of the term, the Bank can destroy the building and still gain the density bonus.

Applicant Closing Comments

Moh Faris advised the Bank had no input into the design of the proposed Dance Centre. The increase in density will cover six dance studios. If not for taxation rules, the Dance Centre could have had an extended lease. The Centre tried to preserve as much as it could.

Item No. 2 (cont'd)

Staff Closing Comments

Gerry McGeough advised the application has been through a long process. Approval will not set a precedent as each heritage revitalization agreement is individual.

Larry Beasley, Director of Current Planning, advised approval of the proposed heritage density bonus for the application is not inconsistent with heritage policy. However, one of the requirements for granting of a cultural amenity bonus is tenure for the life of the building, which is not possible in this case.

MOVED by Cllr. Clarke,

A. THAT the Granville Street facade of the property located at 1196 Granville Street, listed in the "B" category on the Vancouver Heritage Register, be designated as Protected Heritage Property.

B. THAT Council authorizes the City to enter into a Heritage Revitalization Agreement to secure the restoration of the Granville Street facade at 1196 Granville Street and vary provisions of the Official Development Plan Bylaws, as indicated under DE404010, thereby permitting an increase in floor space ratio from the conditionally permitted 3.5 to 5.5.

C. THAT Council instructs the Director of Legal Services to bring forward for enactment at this time a By-Law to authorize the Heritage Revitalization Agreement and to bring forward for enactment at the time so provided for in the Heritage Revitalization Agreement a By-law to designate the Granville Street facade as protected heritage property.

D. THAT Council authorize the Director of Legal Services to enter into an agreement with the owner of 1196 Granville Street or the Dance Foundation to refrain from demolition work until the Dance Foundation has secured sufficient funds to complete the base building of the new Dance Centre.

- CARRIED

(Councillor Chiavario opposed to A, B and C)

3. Text Amendment: 2657-2693 West 10th Avenue

An application by Eric Stine Architect Inc. was considered as follows:

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

The Director of Current Planning recommended approval of the application, 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.

Staff Comments

Marco D'Agostini, Planner, advised the application is a straightforward one. One owner wishes to enclose the deck on his unit. The application provides the same opportunity for all owners in the seven townhouse complex.

Applicant Comments

Eric Stine, applicant, advised he was present to answer any questions.

Summary of Correspondence

There was no correspondence received on this application.

Item No. 3 (cont'd)

Speakers

Mayor Owen called for speakers for and against the application and none were present.

MOVED by Cllr. Bellamy,

THAT the application by Eric Stine Architect Inc., to amend CD-1 By-law No. 5705 for 2657-2693 West 10th Avenue to increase the permitted floor space by allowing the enclosure of the upper level on each of the seven existing townhouse units, be approved, subject to the conditions as set out in this minute of the Public Hearing.

- CARRIED UNANIMOUSLY

RISE FROM COMMITTEE OF THE WHOLE

MOVED by Cllr.Bellamy,

THAT the Committee of the Whole rise and report.

- CARRIED UNANIMOUSLY

ADOPT REPORT OF COMMITTEE OF THE WHOLE

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

THAT the report of the Committee of the Whole be adopted, and the Director of Legal Services be instructed to prepare and bring forward the necessary by-law amendments.

- CARRIED UNANIMOUSLY

BY-LAWS

1. A By-law to designate heritage property, and to amend By-law No. 4837, being the Heritage By-law (656-658 Union Street)

MOVED by Cllr Kennedy,
SECONDED by Cllr.Bellamy

THAT the By-law be introduced and read a first time.

- CARRIED UNANIMOUSLY

The By-law was read a first time and the Presiding Officer declared the By-law open for discussion and amendment.

There being no amendments, it was

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

THAT the By-law be given second and third readings and the Mayor and City Clerk be authorized to sign and seal the By-law.

- CARRIED UNANIMOUSLY

2. A By-law to authorize Council entering into a Heritage Revitalization Agreement with the Owner of Heritage Property (656-658 Union Street)

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

THAT the By-law be introduced and read a first time.

- CARRIED UNANIMOUSLY

The By-law was read a first time and the Presiding Officer declared the By-law open for discussion and amendment.

There being no amendments, it was

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

THAT the By-law be given second and third readings and the Mayor and City Clerk be authorized to sign and seal the By-law.

- CARRIED UNANIMOUSLY

BY-LAWS (cont'd)

3. A By-law to authorize Council entering into a Heritage Revitalization Agreement with the Owner of Heritage Property (1196 Granville Street)

MOVED by Cllr.Chiavario,
SECONDED by Cllr. Clarke,

THAT the By-law be introduced and read a first time.

- CARRIED UNANIMOUSLY

The By-law was read a first time and the Presiding Officer declared the By-law open for discussion and amendment.

There being no amendments, it was

MOVED by Cllr.Chiavario,
SECONDED by Cllr.Clarke,

THAT the By-law be given second and third readings and the Mayor and City Clerk be authorized to sign and seal the By-law.

- CARRIED UNANIMOUSLY

- - - - -

The Special Council (Public Hearing) recessed at this point
to reconvene at 7:30 p.m. on Thursday, July 29, 1999.

- - - - -

COMMITTEE OF THE WHOLE

MOVED by Cllr. Bellamy,
SECONDED by Cllr. Chiavario,

THAT this Council resolve itself into Committee of the Whole, Mayor Owen in the Chair, to consider proposed amendments to the Zoning and Development By-law.

- CARRIED UNANIMOUSLY

4. Text Amendment: 1088 Marinaside Crescent

An application by Busby + Associates Architects was considered as follows:

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

The Director of Current Planning recommended approval of the application, 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:

(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;

Item No. 4 (cont'd)

(vi) design development to the westward marina layout to increase the distance from the seawall by approximately 10 m of the two inner marina fingers;

(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 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;

Item No. 4 (cont'd)

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.

Item No. 4 (cont'd)

(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 Services, obligating Pacific Place to provide the following:

Item No. 4 (cont'd)

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;

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; and

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 (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 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 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.

Item No. 4 (cont'd)

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:

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;

Item No. 4 (cont'd)

4. in addition to standard utilities, necessary services will include a 3.65 m (12 foot)-wide, 152.4 m (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 General Manager of Parks and Recreation where such improvements encroach on park areas). This agreement will include provisions that:

1. no Development Permit in respect of any improvements to be constructed on the subject site pursuant to this rezoning shall be issued until the design of the Shoreline Works is completed to the satisfaction of the 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;

Item No. 4 (cont'd)

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 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 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 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

Item No. 4 (cont'd)

Legal Services prior to enactment of the by-law; provided however the Director of Legal Services may, in her sole discretion and on terms she considers advisable, accept tendering of the preceding agreements for registration in the appropriate Land Title Office, to the satisfaction of the Director of Legal Services, prior to enactment of the by-law.

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

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

Staff Comments

Jonathan Barrett, Planner, with the aid of maps and artist conceptual drawings, presented an overall description of the application. There has been an extensive public process, with the response almost evenly divided in support. The applicant proposes a number of public objectives including: a public pier out to False Creek; kayak and boat launching; and a ramp for disabled access to boating facilities and the public pier. The developer has agreed to a number of changes to the proposal such as reduction to the restaurant, and a reduction of the marina area.

Applicant Comments

The following representatives for the applicant described the proposal, highlighting the number of proposed public amenities for the immediate neighbourhood and entire city, and distributed copies of a brief showing the recommended and proposed plans:

· David Negrin
· Matthew Mehan
· Peter Busby

Summary of Correspondence

Council was advised the following correspondence was received:

· three letters in support of the application.

Item No. 4 (cont'd)

Speakers

Mayor Owen called for speakers for and against the application.

The following speakers supported the application:

· Don Campbell
· Brian Wallace
· Vesna Molby

The foregoing speakers supported the application based on one or more of the following points:

· the proposed walkway will be a great benefit to the city and its citizens;
· with the nearby traffic noises, the area residents will not hear noise from the restaurant or the walkway;
· the proposal is a vibrant public amenity which will enhance the neighbourhood and add to the waterfront;
· the area is the perfect place for a waterside restaurant;
· the area was not intended to be a private preserve, but is for all residents.

The following speakers had no major objection to the proposed marina expansion but opposed the proposed restaurant component of the application:

· Doreen Grossman
· Caralee Randall
· Fred Pirkl
· Jeff Lambert

The foregoing speakers opposed the proposed restaurant based on one or more of the following points:

· the restaurant will not enhance the area but will create more congestion with pick-ups and deliveries;
· the restaurant will change the community and obstruct the view;
· the neighbourhood does not need another restaurant;
· the restaurant is not necessary for the area or for the marina.

Item No. 4 (cont'd)

The following speakers opposed the application:

· Mike Hrad
· Astor Tsang
· Linda Lauritzen
· Murray Charters
· Mary Strong
· Alnoor Alimohamed (brief filed)
· Haries Tjandra
· Guity Farshchian
· Alan Finlayson
· Robert Wilson
· Robert Bentley
· Julia Kim
· Stella Tsang

The foregoing speakers opposed the application based on one or more of the following points:

· residents in nearby buildings purchased their units based on the original plans with the smaller marina and no restaurant;
· the immediate area is already congested; adding the expanded marina and another restaurant to the area will create even more congestion;
· the proposal to have boats on the west side of the pier and public access from the pier to the east side of the marina will encourage more double parking, particularly at the foot of Davie Street; double-parking at the round-about at the foot of Davie Street is already a major problem;
· families have been attracted to the area ; the addition of the expanded marina and restaurant will create noise;
· the proposal will alter the small waterfront bay and was not part of the original sales material;
· the proposal will bring increased traffic, noise and people to a quiet area;
· space is not needed for large boats;
· the original concept is favoured with the guaranteed view at the end of Davie Street;
· the proposed restaurant will attract people from the walkway and will have a more pub-like atmosphere;
· the proposed marina expansion will crowd the open area and the potential noise and odour from the restaurant activity will affect the peaceful environment of those living in the lower floors of the adjacent buildings.

Item No. 4 (cont'd)

Applicant Closing Comments

Peter Negrin advised the restaurant is not a key component for the public facilities or the marina expansion to proceed.

Staff Closing Comments

Susan Clift, Projects Engineer, advised staff will monitor the traffic congestion and double-parking issues at the foot of Davie Street and the immediate area and increase enforcement and regular patrols as required.

MOVED by Cllr. Chiavario,

A. THAT the application by Busby and Associates Architects to amend CD-1 numbers 297 and 324 and the FAN ODD to permit a marina expansion be approved, subject to the conditions, with the exception of any reference to a restaurant, as set out in this minute of the Public Hearing, and:

(i) THAT a restaurant not be approved;

(ii) THAT the marina from Davie Street westward be approved but that it must not extend beyond the harbour headline, with the understanding that this includes a floating public pier for year-round public moorage; and that secure visitor moorage will be provided in the gated areas; and that there will not be any boat-sheds.

(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 Pacific Place's usage of the water area over a portion of City road for marina use at a nominal fee.

B. 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;

Item No. 4 (cont'd)

(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.

- CARRIED

(Councillor Sullivan opposed to A(i))

RISE FROM COMMITTEE OF THE WHOLE

MOVED by Cllr. Bellamy,

THAT the Committee of the Whole rise and report.

- CARRIED UNANIMOUSLY

ADOPT REPORT OF COMMITTEE OF THE WHOLE

MOVED by Cllr. Bellamy,
SECONDED by Cllr. Herbert,

THAT the report of the Committee of the Whole be adopted, and the Director of Legal Services be instructed to prepare and bring forward the necessary by-law amendments.

- CARRIED UNANIMOUSLY

The Special Council recessed at 9:55 p.m. on July 27, 1999
and adjourned at 11:30 p.m. on July 29, 1999.

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(c) 1998 City of Vancouver