Agenda Index City of Vancouver

PUBLIC HEARING AGENDA

DATE: Tuesday, October 19, 1999
TIME: 7:30 p.m.
PLACE: Council Chamber
Third Floor, City Hall, 453 West 12th Avenue

PLEASE NOTE:
Decisions arising from the meeting.
Minutes are available on the web site within one week following the meeting.

1. Text Amendment: 6184 Ash Street & 951 Boundary Road

Policy Report dated September 7, 1999, refers.

Summary: The proposed amendment would allow fewer ground access units at 6184 Ash Street and additional floor area exclusions at 951 Boundary Road.

Applicant: Director of Current Planning

Recommended Approval: By the Director of Current Planning

2. Text Amendment: 3624 Fraser Street

Policy Report dated August 30, 1999, refers.

Summary: To allow church, public authority, community centre and library in conjunction with community centre as permitted uses on the site.

Applicant: Gospel Church in Christ

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

(a) THAT prior to enactment of the amending by-law, the registered owner shall enter into an agreement to the satisfaction of the Director of Legal Services, the GeneralManager of Engineering Services and the Medical Health Officer, agreeing to deal with the following matters at the development application stage:

(i) clarify to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services all charges shown on title (a charge summary should be provided); and

(ii) development permit applications involving change of use shall require evidence in the form of a report and recommendations prepared by a person trained in acoustics and current techniques of noise measuring that assesses potential noise impacts on the residential units in the building and adjacent neighbours and proposes mitigation measures as required. The report and mitigation measures will be to the satisfaction of the Medical Health Officer.

3. Text Amendment: 2177 West 42nd Avenue

Policy Report dated August 23, 1999, refers.

Summary: To allow the administrative offices of a non-profit society as a permitted use on the site.

Applicant: Royal Canadian Legion Branch No. 30

Recommended Approval: By the Director of Current Planning

4. Text Amendment: 2720 East 48th Avenue

Policy Report dated August 30, 1999, refers.

Summary: To permit the replacement of seniors care and housing with a new multi-level care facility.

Applicant: Dalla-Lana Griffen Dowling Knapp Architects

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 Dalla-Lana Griffin Dowling Knapp Architects and stamped "Received City Planning Department, May 26, 1999", provided that the Director of Planning may allow minor alterations to this form of development when approving the detailed scheme of development as outlined in (b) below.

(b) THAT, prior to 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:

(c) THAT, prior to enactment of the CD-1 By-law, and at no cost to the City, the registered owner shall:

5. Text Amendment: 2799 Yew Street [2790 Vine Street]

Policy Report dated August 31, 1999, refers.

Summary: To permit Special Needs Residential Facility-Congregate Housing as a permitted use on the site.

Applicant: Rene Rose, Concert Properties Ltd.

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

(a) THAT prior to 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 safety enhancements:

… provide for horizontal exiting by having a minimum two fire compartments within a floor area;
… the fire alarm system should incorporate other signals to supplement the audibility within suites; in accordance with the Vancouver Building By-law as described in sentence 3.2.4.20.(7) [proposed 1999 version];
… provide a fire safety plan that includes staff assistance to residents in case of emergency;
… provide emergency power of a minimum of one hour duration; and
… provide a fire fighter's elevator in buildings that are above three storeys to assist with evacuation.

Note to Applicant: The building's life safety systems should take into account the eventual change in the mental and/or physical state of the residents, and provide a safe environment for them.

(b) THAT prior to enactment of the amending by-law, the owner shall enter into an agreement to the satisfaction of the Director of Legal Services, the Manager of the Housing Centre and the Director of Social Planning, agreeing to deal with the following matters at the development application stage:

1. clarification of the rights of strata owners and tenants in a mixed strata/rental situation as proposed;
2. clarification of administration and voting rights of the two groups within the strata, as well as administration and access to amenities;
3. overall plan for dealing with individual and group emergencies, including use of a variety of call systems, personal pendants and/or special telephones, and areas of refuge;

(c) THAT prior to enactment of the amendment, the non-discrimination clause related to families for all sites in this CD-1 be altered to eliminate this site.

6. Rezoning: 600 Nicola Street

Policy Report dated September 8, 1999, refers.

Summary: To rezone the site and amend the Coal Harbour Official Development Plan to permit the development of a commercial, residential and "live/work" building.

Applicant: Henriquez Partners

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

NOTE: These are draft conditions which are subject to change and refinement by staff prior to the finalization of the agenda for the public hearing.

(a) THAT the proposed form of development be approved by Council in principle, generally as prepared by Henriquez Partners, Architects and stamped "Received, City Planning Department, July 9, 1999" provided that the Director of Planning may allow minor alterations to this form of development when approving the detailed scheme ofdevelopment as outlined in (b) below.

(b) THAT, prior to 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:

(c) THAT, prior to enactment of the amending By-law, and at no cost to the City, the registered owner shall:

(iii) Obtain and submit to the City copies of all soils studies and the consequential Remediation Plan for the subject site, approved by the Ministry of Environment and acceptable to the City. Execute agreements satisfactory to the Director of Legal Services and City Manager, in consultation with appropriate Department Heads, obligating the property owner to remediate to the satisfaction of the Ministry of Environment any contaminated soils on the subject site in accordance with a Remediation Plan approved by the Ministry of Environment and acceptable to the City.

(iv) Execute agreements satisfactory to the Director of Legal Services and City Manager, in consultation with appropriate Department Heads obligating the property owner to indemnify the City, its employees against any liability or costs which may be incurred as a result of the presence of contaminated soilson the subject site, including costs arising as a result of any failure to carry out the aforementioned approved Remediation Plan and provide such security for the indemnity to the satisfaction of the Director of Legal Services;

(v) As required by the City Engineer and the City's Director of Legal Services in their discretion, do all things and/or enter into such agreements deemed necessary to fulfill the requirements of Section 571(B) of the Vancouver Charter.

(vi) 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 the contaminated soils on the subject site have been remediated to the satisfaction of the Ministry of Environment in accordance with a Remediation Plan approved by the Ministry of Environment and acceptable to the City.

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 preceding agreements are to be registered in the appropriate Land Title Office, with priority over such other liens, charges and encumbrances affecting 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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