Whiteway Et Al V Meggs, Jang Affidavits

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This is the lst affidavit of ERIK

WARREN WHITEWAY in t}ris case
and was made on June ltzfrl4
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Vancouver Registry
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BETWEEN:
ERIK WARREN WHITEWAY, JAI( ROBERTS KING, WTLLIAM ABRAHAM
FOOK WAH LrM, NATHAN OLTVER CROMPTON, TREVOR JOrrN
MCEACHRAN, GRANT MI.INRO FRASER, HENDRIKUS MARINUS BETTNE,
WILLIAM RIDER COOEY, JAMES GERRARD MCLEAN, DEAN WILLIAM
MATTATALL, ISABEL FERGUSON MINTY
PETMIONERS
AND:
GEOFFREY MEGGS and KERRY JANG
RESPONDENTS
AFFIDA\TIT
[Rule
22-2 applies to
ffidavits
and Rule 22-3 applies to allforms.J
I, ERIKWARREN WHITEWAY, of 302-865 West l5thAvenue, Vancouver, British
Columbia, VsZ 1R8, COMPUTER CONSULIANT, MAKE OATI{ (OR SOLEMNLY
AFFIRM) AND SAY THAI:
I am one of the Petitioners in this matter and have personal knowledge of the facts and
matters in this case and I verily believe them to be true.
I am a Canadian Citizen and my primary residence is located in the City of Vancouver.
I have lived in the City of Vancouver for approximately 18 years.
Page I of2
1.
2.
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4.
5.
6.
7.
8.
The Respondents, Geoffrey Meggs ("Meggs") and Kerry Jang ("Jang"), were elected to the
Vancouver City Council in November 2011 and curently serve as municipal Councillors for
the City of Vancouver.
Meggs and Jang also currently serve as Directors on the Board of the Metro Vancouver
Housing Corporation (hereinafter "MVHC"). They are listed in the minutes the Metro
Vancouver Housing Corporation as current directors of the MVHC.
At the MVHC, Jang declared a conflict of interest in relation to the rezoning of "Heather
Place. Attached to this my affidavit as Exhibit A is a true and accurate copy of the Meeting
Minutes of the March 14,2014 MVHC Board of Directors Meeting I dorvnloaded from their
website on June 12,2014.
I personally attended the April 15,2014 Vancouver City Council Meeting public hearing for
the rezoning of Heather Place. Both Meggs and Jang were present at this hearing and both
participated in the firll debate and discussion on this rezoning. Attached to this my affidavit as
Exhibit B is a true and accurate copy of the Public Hearing Minutes of April 15,2014 of the
City of Vancouver Council Meeting I downloaded from their website on June 12,2014.
I watched the April 29,2014 Council Meeting where the Heather Place rezoning decision was
scheduled and the Council vote was cast. Meggs was absent from this meeting, but Jang
stood up and argued for the approval, saying:
"Wo is andwhat is the Metro Vancouver Housing Corporation? ... Councillor Louie
and Councillor Meggs, on the Board, I
joined
a little bit later,
fought
strenuouslyfor that,
to keep that housing here in Vancouyer.
"
Attached to this my affrdavit as Exhibit C is atrue and accurate copy of the Regular Council
Meeting Minutes of April 29,2014 of the City of Vancouver Council I downloaded from their
website on June 12,2014.
for Taking
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SWORN (OR AFFIRMED) BEFORE Ml
at the at the City of Vancouver, in the
Page2 of2
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GREATER VANCOUVER REGIONAL DISTRICT
METRO VANCOUVER HOUSING CORPORATION BOARD OF DiRECTORS
REGUTAR MEETING
Friday, April 11,2014
1:00 pm
znd Floor Boardroom, 4330 Kingsway, Burnaby, British Columbia,
AGENDAl
ADOPTION OF THE AGENDA
1.1 April 11, 2014 Regular Meeting Agenda
That the Metro Vancouver Housing Corporation adopt the agenda for its regular
meeting scheduled for April 71,2014 as circulated.
ADOPTION OFTHE MTNUTES
2.t March 14,2OL4 Regular Meeting Minutes
That the Metro Vancouver Housing Corporation adopt the minutes of its regular
meeting held March L4,2014 as circulated.
DELEGATIONS
3.1 Sylvia Gung, Tenant, Ran Beamish Place
Subject: Eviction notice for Ran Beamish tenant.
INVITED PRESENTATIONS
No items presented.
5. REPORTS FROM COMMITTEE OR STAFF
5.1 AuditedFinancialstatements
Designated Speaker: Phil Trotzuk, Chief Financial Officer
That the MVHC Board:
a) approve the Audited 2013 Financial Statements for the Metro Vancouver
Housing Corporation.
b) receive the KPMG Audit Findings Letter dated April 4, 2At4for information.
I
Note: Recommendotion is shown under each item, where applicoble.
This meeting is held in conjundion with ond moy
follow
the GVRD Housing committee meeting.
March 31, 2014
HC-1
3.
MeLro vancouver Pouslng CorporaLlon 8oard of ulrecLors 8egular Agenda
Aprll 11, 2014
Agenda age 2 of 2

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scheduled for Aprll 11, 2014 pursuanL Lo Lhe 84??6'%)D 81(.)#. provlslons, SecLlon 90 (1)
(l) as follows:
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regular meeLlng of Aprll 11, 2014.

Membershlp:
WrlghL, Wayne (C) - new WesLmlnsLer
Meggs, Ceoff (vC) - vancouver
8ell, uon - norLh vancouver ClLy
Campbell, 8oberL - uelLa
!ang, kerry - vancouver
!ordan, Colleen - 8urnaby
lerguson, SLeve - Langley 1ownshlp
McnulLy, 8lll - 8lchmond
nuLLall, Cerry - orL Moody
SLewarL, 8lchard - CoqulLlam
vllleneuve, !udy - Surrey
WalLon, 8lchard - norLh vancouver ulsLrlcL
WesL, 8rad - orL CoqulLlam

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8oard of ulrecLors held on lrlday, March 14, 2014 age 1 of 3
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ulrecLors held 10:02 a.m. on lrlday, March 14, 2014 ln Lhe 2
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lloor 8oardroom, 4330 klngsway,
8urnaby, 8rlLlsh Columbla.

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resldenL, ulrecLor Wayne WrlghL, new WesLmlnsLer
ulrecLor uon 8ell, norLh vancouver ClLy
ulrecLor 8oberL Campbell, uelLa
ulrecLor SLeve lerguson, Langley 1ownshlp
ulrecLor kerry !ang, vancouver
ulrecLor Colleen !ordan, 8urnaby
ulrecLor 8lll McnulLy, 8lchmond
ulrecLor 8lchard SLewarL, CoqulLlam
ulrecLor !udy vllleneuve, Surrey

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ulrecLor Cerry nuLLall, orL Moody
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uon LlLLleford, Manager, MeLro vancouver Pouslng CorporaLlon
Carol Mason, Commlssloner/Chlef AdmlnlsLraLlve Cfflcer
klara kuLakova, AsslsLanL Lo 8eglonal CommlLLees, 8oard and lnformaLlon Servlces, CorporaLe
Servlces

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uon LlLLleford, Manager, MeLro vancouver Pouslng CorporaLlon, provlded an
updaLe on Lhe followlng MvPC legal maLLers:
MvPC LenanL evlcLlon dlspuLe resoluLlon, whlch ls now belng forwarded Lo
Lhe Supreme CourL of Canada
!udlclal revlew of Lhe MvPC renL lncrease

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10:11 a.m. ulrecLor !ang declared a confllcL of lnLeresL as Lhe PeaLher lace rezonlng was
forwarded by Lhe ClLy of vancouver Councll Lo a publlc hearlng and lefL Lhe meeLlng.

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PeaLher lace 8edevelopmenL. Members dlscussed Lhe buslness plan,
dlscovered pro[ecL cosLs, and Lhe esLlmaLed cosL of Lhe pro[ecL.

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affordable renLal houslng.

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consldered relaLes Lo or ls one or more of Lhe followlng:
(e) Lhe acqulslLlon, dlsposlLlon or exproprlaLlon of land or
lmprovemenLs, lf Lhe board or commlLLee conslders LhaL dlsclosure
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(1lme: 10:16 a.m.)

________________________________ ________________________________
klara kuLakova, Wayne WrlghL, resldenL
AsslsLanL Lo 8eglonal CommlLLees

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C|TY OF
VANCSUVTR
PUBLIC HEARING MINUTES
APRTL 15,2014
A Pubtic Hearing was hetd on Tuesday, April 15,2014, at 6:05 pm, in the Council Chamber,
Third Ftoor, City Hatt.
PRESENT Mayor Gregor Robertson
Councittor George Affteck
Councitlor Etizabeth BaLt
Councittor Adriane Carr
Councitlor Heather Dea[
Counci[[or Kerry Jang
Councittor Raymond Louie*
Councittor Geoff Meggs
Councittor Andrea Reimer*
Councittor Tim Stevenson
Councittor Tony Tang
Clry MANAGER'S OFFICE: Mukhtar Latif, Chief Housing Officer
CITY CLERK'S OFFICE: Wendy Stewart, Deputy City Cterk
Lori lsfetd, Meeting Coordinator
*
Denotes absence for a portion of the meeting.
COIAMITTEE OF THE WHOLE
MOVED by Councittor Stevenson
SECONDED by Councittor Jang
THAT this Council resotve itsetf into Committee of the Whote, Mayor Robertson in the
Chair, to consider proposed amendments to the heritage, zoning and sign by-taws.
CARRIED UNANIMOUSLY
(Counciltors Louie and Reimer absent for the vote)
1. HERITAGE DESIGNATION AND HERITAGE REVITALIZATION AGREEMENT:
2856 West 3rd Avenue (Logan House)
An application by Formwerks Architecturat, lnc. was considered as fottows:
Summary: To designate the existing buitding as a protected
heritage property and to
approve a Heritage Revitatization Agreement (HRA) for the site, to permit
the rehabititation of the heritage buitding and the construction of a new
lnfitt One-Family Dwetling. The application proposes variances to the
Zoning and Devetopment By-law.

Public Hearing
Minutes, Tuesday, April 15, 2014 2

The Director of Planning, in consultation with the Director of Legal Services, recommended
approval subject to conditions as set out in the Summary and Recommendation of the Public
Hearing agenda.

Summary of Correspondence

No correspondence had been received on this application prior to the close of the speakers
list.

Speakers

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

The speakers list closed at 6:10 pm.

Council Decision

MOVED by Councillor Deal

A. THAT Council instruct the Director of Legal Services to bring forward for
enactment, pursuant to Section 593 of the Vancouver Charter, a by-law to
designate as a protected heritage property the house at 2856 West 3rd Avenue
[PID: 012-316-253; Lot 4, Block 28, District Lot 192, Plan 2375 (the site)],
known as the Logan House (the heritage building), which is listed on the
Vancouver Heritage Register in the B evaluation category.

B. THAT Council instruct the Director of Legal Services to bring forward for
enactment, pursuant to Section 592 of the Vancouver Charter, a by-law
authorizing the City to enter into a Heritage Revitalization Agreement in
respect of the heritage building at 2856 West 3rd Avenue to:

(i) secure its rehabilitation and long-term preservation; and

(ii) vary the Zoning and Development By-law in respect of the site so as to
permit the rehabilitation of the heritage building and the construction
of a new Infill One-Family Dwelling (the new building) thereon as
proposed under Development Permit Application No. DE416750 and as
more particularly described in the Policy Report dated March 14, 2014,
entitled 2856 West 3rd Avenue Logan House - Heritage Designation
and Heritage Revitalization Agreement.

C. THAT the Heritage Revitalization Agreement shall be prepared, completed and
registered, and given priority on title, to the satisfaction of the Director of
Legal Services and the Director of Planning.

Public Hearing

D. THAT A to C above be adopted on the following conditions:

(i) THAT the passage of the above resolutions creates no legal rights for the
applicant or any other person, or obligation on the part of the City, and
any expenditure of funds or incurring of costs in relation thereto is at
the risk of the person making the expenditure or incurring the cost; and

(ii) THAT the City and all its officials shall not in any way be limited or
restricted in the exercise of their authority or discretion, regardless of
when they are called upon to exercise such authority or discretion.

CARRIED UNANIMOUSLY

2. TEXT AMENDMENT: 968-988 Howe Street

An application by CEI Architecture was considered as follows:

Summary: To amend CD-1 (Comprehensive Development) District (546) By-law No. 10688
for 968-988 Howe Street to increase the permitted floor space ratio from
11.21 to 11.26 to allow for an additional 114.1 m
2
(1,228 sq. ft.) of floor area
for uses that are accessory to office use within the below-grade parking
garage. The proposed amendment would not result in a substantive change to
the form of development approved by Council on May 3, 2011.

The General Manager of Planning and Development Services recommended approval, subject
to the conditions as set out in the Summary and Recommendation of the Public Hearing
agenda.

Applicant Comments

Sheldon North, BGC Engineering Inc., responded to questions regarding the soil testing
process.


The following correspondence was received since referral to public hearing and prior to the
close of the speakers list:

1 email related to other matters

Speakers



Public Hearing

Council Decision

MOVED by Councillor Louie

A. THAT the application by CEI Architecture, on behalf of The Manufacturers Life
Insurance Company (Manulife), to amend CD-1 (Comprehensive Development)
District (546) By-law No. 10688 for 968-988 Howe Street [PID: 028-846-915;
Lot A Block 72 District Lot 541 Group 1 New Westminster District Plan
EPP20143] to increase the permitted floor space ratio from 11.21 to 11.26
to allow for an additional 114.1 m
2
(1,228 sq. ft.) of floor area for uses that
are accessory to office use within the below-grade parking garage, generally as
presented in Appendix A of the Policy Report dated February 25, 2014, entitled
CD-1 Text Amendment: 968-988 Howe Street, be approved.

B. THAT A above be adopted on the following conditions:

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.

CARRIED UNANIMOUSLY

3. REZONING: 4099 Cambie Street

An application by Yuanheng CKE Station Developments Ltd. was considered as follows:

Summary: To rezone 4099 Cambie Street from C-2 (Commercial) District to CD-1
(Comprehensive Development) District to permit the development of an
eight storey mixed-use building, with commercial uses on the ground floor
and a total of 65 dwelling units on floors two to eight. A height of 28.7 m
(94 ft.) and a floor space ratio (FSR) of 3.51 are proposed.

The General Manager of Planning and Development Services recommended approval, subject
to conditions as set out in the Summary and Recommendation of the Public Hearing agenda.

Public Hearing

Staff Opening Comments

Planning and Development Services staff presented the application and responded to
questions.

Applicant Comments

Wing Leung, W.T. Leung Architects, provided opening comments.


The following correspondence was received since referral to public hearing and prior to the
close of the speakers list:

2 emails in opposition

Speakers



Council Decision


A. THAT the application by Yuanheng CKE Station Developments Ltd., to rezone
4099 Cambie Street [PID: 027-575-926; Parcel 1, Block 660, District Lot 526,
Group 1 New Westminster District, Plan BCP37294] from C-2 (Commercial)
District to CD-1 (Comprehensive Development) District, to increase the floor
space ratio from 2.50 to 3.51 and the height from 13.8 m (45 ft.) to 28.7 m
(94 ft.) to permit the development of an eight-storey mixed-use building, with
commercial uses on the ground floor and a total of 65 dwelling units on floors
two to eight, generally as presented in Appendix A of the Policy Report dated
February 21, 2014, entitled CD-1 Rezoning: 4099 Cambie Street, be approved
subject to the following conditions:

CONDITIONS OF APPROVAL OF THE FORM OF DEVELOPMENT

(a) That the proposed form of development be approved by Council in
principle, generally as prepared by W. T. Leung Architects Inc., on
behalf of Yuanheng CKE Developments Ltd., and stamped Received City
Planning Department, July 9, 2013, provided that the General Manger
of Planning and Development Services may allow minor alterations to
this form of development when approving the detailed scheme of
development at outlined in (b) below.

Public Hearing

(b) That, prior to approval by Council of the form of development, the
applicant shall obtain approval of a development application by the
General Manager of Planning and Development Services, who shall have
particular regard to the following:

Urban Design

1. Design development of the west lane elevation to substantially
reduce the top of parapet height along the second floor and in
particular towards the north end of the site.

Note to Applicant: The bulk and mass of the laneway interface
needs to be improved in terms of visual scale, laneway
activation, as well as a neighbourly interface towards adjacent
sites.

2. Design development of the proposed setbacks from the property
line shall remain consistent with the rezoning application
submission unless conditions state otherwise.

Note to Applicant: The proposed building setbacks submitted can
be considered as a minimum setback but could be increased if
warranted by the design development process.

3. Design development to meet the Cambie Corridor Draft Public
Realm Plan including lane, side yard and front yard treatments.

Note to Applicant: The applicant is encouraged to convene with
Planning, Landscape and Engineering staff prior to the
preparation of a Development Permit application to ensure
technical compliance with the anticipated design intent,
including CPTED performance, and with a design focus on
hardscape, softscape, design elements, lighting, stormwater
management, wayfinding and public art/interpretive
opportunities.

4. Design development to create open spaces suitable for childrens
play, located adjacent to common amenity rooms.

Note to Applicant: Amenity areas and open spaces should be
arranged to improve the functionality of these common areas for
families with children. See the High-Density Housing for Families
with Children Guidelines for more information.

5. Provision of high quality and durable exterior finishes.

Note to Applicant: The high quality of finishes proposed at the
rezoning phase should be carried forward to the development
permit application.

Public Hearing

Crime Prevention Through Environmental CPTED

6. Design development to respond to CPTED principles, having
particular regards for:

(i) theft in the underground parking;

(ii) residential break and enter;

(iii) mail theft; and

(iv) mischief in alcoves and vandalism, such as graffiti.

Sustainability

7. Identification on the plans and elevations of the built elements
contributing to the buildings sustainability performance in
achieving LEED Gold equivalency, as required by the Green
Buildings Policy for Rezonings, including a minimum of 63 points
in the LEED rating system, including at least six optimize
energy performance points, one water efficiency point, and one
storm water point.

Note to Applicant: Provide a LEED checklist confirming the
above; a detailed written description of how the above-noted
points have been achieved with reference to specific building
features in the development, and notation of the features on the
plans and elevations. The checklist and description should be
incorporated into the drawing set. Registration and application
for certification of the project are also required under the
policy.

8. The building heating and domestic hot water system shall be
designed to be easily connectable and compatible with a future
District Energy System to supply all heating and domestic hot
water requirements. Design provisions related to district energy
compatibility must be to the satisfaction of the General Manager
of Engineering Services.

Note to Applicant: The applicant shall refer to the District
Energy Connectivity Standards for specific design requirements,
which include provisions related to the location of the
mechanical room, centralization of mechanical equipment,
pumping and control strategy, and other hydronic heating and
domestic hot water system minimum requirements. The
applicant is encouraged to work closely with staff to ensure
adequate provisions for District Energy compatibility are
provided for in the mechanical design. A declaration signed by
the registered professional of record certifying that the district
energy connectivity requirements have been satisfied will be
required as a pre-condition to building permit.

Public Hearing

9. Space heating and ventilation make-up air shall be provided by
hydronic systems without electric resistance heat or distributed
heat generating equipment including gas fired make-up air
heaters.

10. Detailed design of the building HVAC and mechanical heating
system must be to the satisfaction of the General Manager of
Engineering Services.

Landscape Review

11. Provision of maximized tree growing medium for tree and shrub
planters to ensure long term health.

Note to Applicant: Structures such as underground parking slabs
and retaining walls may need to be altered to provide adequate
depth and continuous soil volumes. Growing mediums and
planting depths should be better than BCSLA standards.

12. Provision of urban agriculture in the form of edible landscaping
and including some areas (planters or plots) suitable for urban
agriculture activity. The necessary supporting infrastructure,
such as tool storage, hose bibs and a potting bench should be
provided. The design should reference the Urban Agriculture
Guidelines for the Private Realm and should maximize sunlight,
integrate into the overall design and provide universal access.

13. Submission of a Rainwater Management Plan that utilizes
sustainable strategies such as infiltration, retention and reuse of
rainwater.

Note to Applicant: Strategies could include high efficiency
irrigation, permeable paving, drought tolerant plants and
mulching.

14. At time of development permit application:

(i) Provision of a full Landscape Plan consistent with Cambie
Corridor Draft Public Realm Plan. The Landscape Plan
should illustrate proposed plant materials (with common
and botanical names, plant sizes and quantities), paving,
walls, fences, light fixtures, site grading and other
landscape features. Plant material should be listed in a
Plant List that is clearly keyed to the Landscape Plan.
The Landscape Plan should be a minimum 1:100 or 1/8
scale.

(ii) Section details at a minimum scale of 1/4"=1'-0" scale to
illustrate typical proposed landscape elements including
planters on structures, benches, fences, gates, arbours
and trellises, and other features. Planter section details
must confirm depth of proposed planting on structures is

Public Hearing

deep enough to accommodate root balls of proposed
trees well into the future.

(iii) Sections (1/4=1 or 1:50) illustrating the buildings to
public realm interface facing the street, confirming a
delineated private to public transition of spaces.

Note to Applicant: The section should include the building
faade, as well as any steps, retaining walls, guardrails,
fences and planters. The location of the underground
parking slab should be included in the section.

(iv) A Landscape Lighting Plan to be provided for security
purposes.

Note to Applicant: Lighting details can be added to the
landscape drawings; all existing light poles should be
shown.

(v) Design development to locate, integrate and fully screen
lane edge gas meters and parking garage vents in a
manner which minimizes their impact on the
architectural expression and the projects open space and
public realm.

(vi) Provision of a high efficiency irrigation system for all
planters, including the upper terrace areas. Hose bibs
shall be provided in all private patio that show individual
planting pots and small planters. Notations to that effect
should be added to the drawings.

Note to Applicant: The irrigation system design and
installation system shall be in accordance with the
Irrigation Industry of B.C. Standards and Guidelines.

(vii) New proposed street trees should be noted Final
species, quantity and spacing to the approval of City
Engineer and Park Board. Contact Eileen Curran
(604-871-6131) of Engineering Streets Division regarding
street tree spacing and quantity. Contact Cabot Lyford
(604-257-8587) of Park Board regarding tree species.

(viii) Provision of the following notation on the Landscape
Plan; all public realm details to the approval of the
General Manager of Engineering.

Engineering

15. Clarify garbage pick-up operations. Please provide written
confirmation that a waste hauler can access and pick up from
the location shown.

Public Hearing

16. Note to Applicant: Pick up operations should not rely on bins
being stored on the street or lane for pick up, bins are to be
returned to storage areas immediately after emptying.
Consideration for a rollup door to access the commercial and
residential garbage rooms as it appears that the opened doors as
drawn will prevent clear access to the storage spaces.

17. Bicycle racks proposed for public property require a separate
application to the General Manager of Engineering Services.

Note to Applicant: Class B bicycle parking (bike racks) supplied
on public property cannot be counted towards the on-site by-law
requirement that would apply to this project.

18. The proposal to insert exposed aggregate concrete banding into
the existing concrete treatments may not be possible, either
retention of existing sidewalk treatments or replacement of the
entire sidewalks may be required to achieve the Cambie Corridor
sidewalk standards.

19. Clarify if a new canopy is proposed over the King Edward Avenue
property line and if so please submit a canopy application
directly to Engineering Services.

20. Compliance with the Parking and Loading Design Supplement to
the satisfaction of the General Manager of Engineering Services.

Note to Applicant: The following items are required to meet
provisions of the Parking By-law and the Parking and Loading
Design Supplement:

(i) Confirmation if the development approval for the transit
station includes an obligation to provide on-site space for
Handi-Dart use, if so then this function must be
incorporated into the development.

(ii) Clarification of Translink related parking/loading needs
such as ticket machine maintenance and other similar
transit related uses is required and incorporation of space
within the development to accommodate them is
required.

(iii) Provision of internal access from the commercial units to
the back of the Class B loading space to ensure that
trucks can back into the space and drive out in a forward
direction.

Note to Applicant: As designed, the truck must front in
and back out.

Public Hearing

(iv) Provision of parking ramp slopes in compliance with the
requirements of the Parking and Loading Design
Supplement.

Note to Applicant: The drive aisle between grid lines G6
to G8 calculates at 6.5 percent rather than 5 percent as
noted, and the ramp between grid lines D5/6 and G5/6
calculates at 15.4% rather than the 11.69 percent as
noted. Other ramps are also incorrect.

(v) Provision of a section drawing through the commercial
loading space demonstrating a vertical clearance of
3.5 m (11.5 ft.).

(vi) Design development for direct and convenient means of
access to the Class A bicycle parking rooms on
intermediate UG1 through either a ramp or a dedicated
elevator to the outside.

CONDITIONS OF BY-LAW ENACTMENT

(c) That, prior to enactment of the CD-1 By-law, the registered owner shall
on terms and conditions satisfactory to the Director of Legal Services,
the General Manager of Planning and Development Services, the General
Manager of Engineering Services and the Approving Officer, as necessary,
and at the sole cost and expense of the owner/developer, make
arrangements for the following:

Engineering

1. Dedication of the west 1.524 m (5 ft.) of the site for lane
purposes.

2. Dedication of the easterly, jogged-out, 3.048 m (10 ft.) wide
building line area for road purposes. A subdivision plan and
application to the Subdivision and Strata Group is required to
achieve both dedication requirements.

Note to Applicant: An amendment to the Vancouver Access
Agreement may be required if requested by Translink. The owner
may be required to supply any plans for changes to the
Vancouver Access Agreement.

3. Release of Easement & Indemnity Agreement 85431M (crossings)
prior to building occupancy.

Note to Applicant: Arrangements are to be secured prior to
zoning enactment, with release to occur prior to issuance of an
occupancy permit for the site. Provision of a letter of
commitment will satisfactorily address this condition.

Public Hearing

4. Registration of a No-Build Covenant, in favour of the City, that
requires the owner to provide confirmation, including
confirmation from the South Coast British Columbia Transit
Authority (SCBCTA), that:

(i) arrangements are in place to secure the bicycle facility;
and

(ii) SCBCTA has approved the Drawings and Specifications and
entered into an Integration Agreement with the owner.

Notes to Applicant:

(i) Section 219 Covenants BB4022369-70 (in favour of
SCBCTA) require the developer to build a retail bike
repair facility attached to the station, and must subdivide
the development site by way of strata plan or air space
plan and convey to the SCBCTA the fee simple title to
either the strata lot or air space parcel. Section 219
Covenant BB4022370 is a no-occupancy covenant in
favour of SCBCTA that requires the bicycle facility to be
provided to SCBCTA prior to occupancy.

(ii) The covenants also require approval by SCBCTA of the
design and specifications of the Owners Development and
require an Integration Agreement between SCBCTA and
the owner.

5. Registration of a no-occupancy covenant to ensure that the
Right of Way Area, as defined in the SRW and Section 219
Covenant registered as BB4022366-67 (for the operation and
maintenance of transit facilities), is reduced to a volumetric
statutory right of way plan in accordance with that agreement.

Note to Applicant: BB4022366-67 provides that the owner may
request to SCBCTA that the Right of Way Area be reduced to an
area depicted by a registrable volumetric plan.

6. Provision of a Services Agreement to detail the on and off-site
works and services necessary or incidental to the servicing of the
site (collectively called the services) such that they are
designed, constructed and installed at no cost to the City and all
necessary street dedications and rights of way for the services
are provided. No development permit for the site will be issued
until the security for the services are provided.

(i) Paving of that portion of the site that is to be dedicated
as lane (west 5 ft. of the site) and any additional paving
and lane re-grading required to integrate the dedication
area into the existing lane pavement.

Public Hearing

(ii) Adjustment of the lane/curb returns and curb ramps on
the north side of King Edward at the lane west of Cambie
to match the dedicated lane width.

(iii) Provision of adequate water service to meet the fire flow
demands of the project. The current application lacks the
details to determine if water main upgrading is required.
Please supply project details including projected fire flow
demands as determined by the applicants mechanical
consultant to determine if water system upgrading is
required. Should upgrading be necessary then
arrangements to the satisfaction of the General Manager
of Engineering Services and the Director of Legal Services
will be required to secure payment for the upgrading.
The developer is responsible for 100 percent of any water
system upgrading that may be required.

7. Provision of all utility services to be underground from the
closest existing suitable service point. All electrical services to
the site must be primary, with all electrical plant, which include
but are not limited to, junction boxes, switchgear, pad mounted
transformers and kiosks (including non BC Hydro kiosks) to be
located on private property with no reliance on public property
for placement of these features. There will be no reliance on
secondary voltage from the existing overhead electrical network
on the street. Any alterations to the existing
overhead/underground utility network to accommodate this
development will require approval by the Utilities Management
Branch. The applicant may be required to show details of how
the site will be provided with all underground services.

Sustainability

8. Enter into such agreements as the General Manager of
Engineering Services and the Director of Legal Services
determine are necessary for connection to a District Energy
System, if and when the opportunity is available and in
accordance with the Citys policy for low carbon district energy,
which may include but are not limited to agreements which:

(i) require buildings on site to connect to a District Energy
System through a deferred services agreement, or
otherwise, at such time that one becomes available;

(ii) grant the operator of the District Energy System access to
the building mechanical system and thermal energy
system-related infrastructure within the development for
the purpose of enabling District Energy System
connection and operation, on such terms and conditions
as may be reasonably required by the Applicant; and

Public Hearing

(iii) provide for adequate and appropriate space to be utilized
for an energy transfer station.

Soils

9. If applicable:

(i) Submit a site profile to the Environmental Protection
Branch (EPB);
(ii) As required by the Manager of Environmental Protection
and the 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; and
(iii) If required by the Manager of Environmental Protection
and the Director of Legal Services in their discretion,
enter into a remediation agreement for the remediation
of the site and any contaminants which have migrated
from the site on terms and conditions satisfactory to the
Manager of Environmental Protection, City Engineer and
Director of Legal Services, including a Section 219
Covenant that there will be no occupancy of any buildings
or improvements on the site constructed pursuant to this
rezoning until a Certificate of Compliance satisfactory to
the City for the on-site and off-site contamination, issued
by the Ministry of Environment, has been provided to the
City.
Heritage Density Transfer

10. Secure the purchase and transfer of 607 m
2
(6,538 sq. ft.) of
heritage density (which has a value of $425,000) from a suitable
donor site.

Note to Applicant: Given the stipulated value that the City
attributes to the creation of new transferable bonus density,
currently $65 per buildable square foot, the City recognizes that
the owner may negotiate its best price to secure the required
density at a lower cost, but in no event shall the City recognize
the value of the density above $65 per buildable square foot
unless bona fide market conditions demonstrate transactional
evidence to the contrary.

Note to Applicant: Letter B in the Citys standard format is to
be completed by both the owner(s) of the subject site, also
referred to as the receiver site, and the owner of the donor(s)
site, and submitted to the City prior to enactment of the CD-1
By-law together with receipt(s) for the heritage density
purchase, including the amount, sale price, and total cost of the
heritage density.

Public Hearing

Community Amenity Contribution (CAC)

11. Pay to the City the Community Amenity Contribution of
$1,575,000 which the applicant has offered to the City. Payment
is to be made prior to enactment of the CD-1 By-law, at no cost
to the City and on terms and conditions satisfactory to the
Director of Legal Services. The $1,575,000 is to be allocated as
follows:

(i) $1,000,000 to the Affordable Housing Reserve;

(ii) $500,000 to community facilities serving the Cambie
Corridor Plan area; and

(iii) $75,000 for traffic calming near Emily Carr Elementary.

Note to Applicant: Where the Director of Legal Services deems appropriate, the
preceding agreements are to be drawn, not only as personal covenants of the
property owners, 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.

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, if any, shall be determined
by the appropriate City official having responsibility for each particular
agreement, who may consult other City officials and City Council.

B. THAT the application to amend Schedule E of the Sign By-law to establish
regulations for this CD-1 in accordance with Schedule B to the Sign By-law
[assigning Schedule B (C-2)], generally as set out in Appendix C of the Policy
Report dated February 21, 2014, entitled CD-1 Rezoning: 4099 Cambie
Street, be approved.

C. THAT, subject to the enactment of the of the CD-1 By-law, the Director of
Legal Services be instructed to bring forward the amendment to the Noise
Control By-law, generally as set out in Appendix C of the Policy Report dated
February 21, 2014, entitled CD-1 Rezoning: 4099 Cambie Street.

Public Hearing

D. THAT A to C above be adopted on the following conditions:

(i) THAT the passage of the above resolutions 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 bylaw rezoning the property, and
any costs incurred in fulfilling requirements imposed as a condition of

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

CARRIED UNANIMOUSLY

4. REZONING: Heather Place
(a) 706-774 West 13th Avenue
(b) 725-799 West 14th Avenue

An application by NSDA Architects Inc., on behalf of Metro Vancouver Housing Corporation,
was considered as follows:

Summary: To rezone 706-774 West 13th Avenue and 725-799 West 14th Avenue from
CD-1 (Comprehensive Development) District 147 to two new CD-1
(Comprehensive Development) districts. At 725-799 West 14th Avenue, one
building of five storeys, with a floor space ratio (FSR) of 1.60 and 67 units of
social housing, is proposed. At 706-774 West 13th Avenue, two buildings of
six and 10 storeys, with an FSR of 2.84 and 163 units of social housing, are
proposed. A seventh level rooftop garden is proposed for the six storey
building.

The General Manager of Planning and Development Services, in consultation with the
Chief Housing Officer recommended approval, subject to conditions as set out in the
Summary and Recommendation of the Public Hearing agenda.

Staff Opening Comments

Planning and Development Services staff presented the application and responded to
questions.

Applicant Comments

Tom Staniszkis, NSDA Architects, provided opening comments. Don Littleford, Metro
Vancouver Housing Corporation, responded to questions.

Public Hearing


The following correspondence was received since referral to public hearing and up to
15 minutes after the close of the speakers list:

3 emails in support
21 emails in opposition
1 email regarding other matters

Speakers

The Mayor called for speakers for and against the application.

The following spoke in support of the application:

Sheila Abraham
Tamara Szymanska
Barry Growe CALM, Community Advocates for Little Mountain
Charmaine Malet-Veale
Penny Bourque
Ryan Fox
Vlady Pavlova
Paul Morris

The following were generally opposed to the application or expressed concerns regarding
aspects of the application including the size of the development, building height, increased
density, parking and traffic impacts, and housing affordability:

Karen Gilchrist
Sid Tan
Nathan Crompton
Jason McLean
Daniel Tseghay
Ann Cullingham
Gord McTaggart-Cowan
Michelle Hutchinson
Aaron Hutchinson
Krysten Henne
Erin Arnold
Sean Antrim, COPE
Orla Adams
Tristan Markle, COPE Housing Committee
Maria Wallstam
Paula Hoffmann
Jean Swanson, Carnegie Community Action Project
Trevor Tomlin
Nicholas Sunderland
Erik Whiteway, President, VGH Neighbourhood Association
Lana Ho
Jim Sands

Public Hearing

Erica Holt
Brenda Everitt
Rand Chatterjee
Dan Williams
Sara Thompson
Stephen Bohus
Jason Danswell
Ivan Drury
Akin Poppit

* * * * *

At 9:55 pm, during the hearing of speakers, it was

MOVED by Councillor Tang

THAT the meeting be extended to complete hearing from speakers and questions
to staff and the applicant, and that discussion and decision be referred to the
Regular Council meeting on April 29, 2014, as Unfinished Business.

CARRIED UNANIMOUSLY AND
BY THE REQUIRED MAJORITY

* * * * *


Applicant Closing Comments

Don Littleford, Metro Vancouver Housing Corporation, provided closing comments and
addressed points raised by speakers.

Staff Closing Comments

Planning and Development Services, Community Services, and Engineering Services staff
responded to questions.

Mr. Littleford also responded to questions.

RISE FROM COMMITTEE OF THE WHOLE

MOVED by Councillor Ball

THAT the Committee of the Whole rise and report.

CARRIED UNANIMOUSLY

Public Hearing

ADOPT REPORT OF COMMITTEE OF THE WHOLE

SECONDED by Councillor Jang

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

ADJOURNMENT

MOVED by Councillor Carr

THAT the meeting be adjourned.

CARRIED UNANIMOUSLY

The Public Hearing adjourned at 11:36 pm.

* * * * *

ffi*oF
VANCOUVER
thll
trertriuJ{
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Mayor Gregor Robertson
Councittor George Affleck.
CounciItor Etizabeth Bal,I
Councittor Adriane Carr
Councittor Heather Deal
Councitlor Kerry Jang*
Councittor Raymond Louie
Counciltor Andrea Reimer*
Councittor Tim Stevenson*
Councittor Tony Tang
Councillor Geoff Meggs (Leave
of Absence - Civic Business)
Sadhu Johnston, Deputy City Manager
Janice MacKenzie, City Cterk
Laura Kazakoff, Meeting Coordinator
REGULAR COUNCIL MEETING MINUTES
APRTL 29,2014
A Regutar Meeting of the council of the city of vancouver was hetd on Tuesday,
April 29, 2A14, at 9:40 am, in the Council Chamber, Third Ftoor, City Hal.t.
PRESENT:
ABSENT
CITY MANAGER'S OFFICE: Penny Battem, City Manager
CITY CLERK'S OFFICE:
*Denotes
absence for a portion of the meeting.
WELCOME
The proceedings in the Council Chamber were opened with wetcoming comments from
Counci[tor Balt.
PRESENTATTON - MAYOR'S POETRY CHALLENGE
The Mayor acknowtedged Regina Mayor Michaet Fougere's
"Poetry
City Chal,tenge" to host
poetry readings at City Counci[ meetings in Aprit, and noted that Vancouver was one of more
than 30 cities nationwide taking part in the chattenge this year. The Mayor welcomed
Vancouver's Poet Laureate, Evetyn Lau, who read two poems
entitted
"Ocean
Shores" and
"Jumper".
dftdavit'
aurorq

Regular Council Meeting

PROCLAMATION EMERGENCY PREPAREDNESS WEEK

The Mayor proclaimed the week of May 4 to 10, 2014, as "Emergency Preparedness Week" in
the city of Vancouver and invited Fire Chief John McKearney, Daniel Stevens, Director of
Emergency Management, and Jackie Kloosterboer, Emergency Planning Coordinator, along
with several volunteers with the Volunteer Vancouver Corps to the podium to receive it.
Chief McKearney and Mr. Stevens provided comments about the week, and spoke of the
importance of emergency preparedness and the significant role of volunteers.

"IN CAMERA" MEETING

MOVED by Councillor Jang
SECONDED by Councillor Ball

THAT Council will go into meetings later this week which are closed to the public,
pursuant to Section 165.2(1) of the Vancouver Charter, to discuss matters related to
paragraphs:

(a) personal information about an identifiable individual who holds or is being
considered for a position as an officer, employee or agent of the city or
another position appointed by the city;

(e) the acquisition, disposition or expropriation of land or improvements, if the
Council considers that disclosure could reasonably be expected to harm the
interests of the city;

(g) litigation or potential litigation affecting the city;

(i) the receipt of advice that is subject to solicitor-client privilege, including
communications necessary for that purpose;

(k) negotiations and related discussions respecting the proposed provision of an
activity, work or facility that are at their preliminary stages and that, in the
view of the Council, could reasonably be expected to harm the interests of the
city if they were held in public.

CARRIED UNANIMOUSLY

ITEMS ARISING FROM THE "IN CAMERA" MEETING OF APRIL 15, 2014

Council appointed members to the following commissions, committees and boards:

Vancouver Heritage Foundation Board
Vancouver City Planning Commission
Womens Advisory Committee
Civic Asset Naming Committee


The names of those appointed are available from the City Clerks Office or the
City's website.

Council also appointed Tamara Vrooman to the Vancouver Airport Authority Board
of Directors for another three year term.

ADOPTION OF MINUTES

1. Regular Council April 15, 2014


THAT the Minutes of the Regular Council meeting of April 15, 2014, be approved.

CARRIED UNANIMOUSLY

2. Public Hearing April 15, 2014

MOVED by Councillor Stevenson

THAT the Minutes of the Public Hearing of April 15, 2014, be approved.

CARRIED UNANIMOUSLY

3. Regular Council (City Finance and Services) April 16, 2014

SECONDED by Councillor Deal

THAT the Minutes of the Regular Council (City Finance and Services) meeting of
April 16, 2014, be approved.

CARRIED UNANIMOUSLY


COMMITTEE OF THE WHOLE


THAT this Council resolve itself into Committee of the Whole, Mayor Robertson in the
Chair.

CARRIED UNANIMOUSLY

MATTERS ADOPTED ON CONSENT

MOVED by Councillor Stevenson

THAT Council adopt Administrative Reports 2 and 3 on consent.

CARRIED UNANIMOUSLY

UNFINISHED BUSINESS

1. REZONING: Heather Place
(a) 706-774 West 13th Avenue
(b) 725-799 West 14th Avenue

At the Public Hearing held April 15, 2014, Vancouver City Council concluded the public
hearing regarding the above-noted rezoning application and referred discussion and decision
to the Regular Council meeting on April 29, 2014, as Unfinished Business.


A. THAT the application by NSDA Architects Inc., on behalf of Metro Vancouver Housing
Corporation, to rezone:

(i) 706-774 West 13th Avenue [PID: 007-043-881; Lot B, Block 438, District Lot 526,
Plan 19390] (the north lot) from CD-1 (Comprehensive Development) District
147 to a new CD 1 District to allow for development of a seven-storey
residential building and a 10-storey residential building containing a total of
163 units of social housing and at a maximum floor space ratio (FSR) of 2.84;
and

(ii) 725-799 West 14th Avenue [PID: 007-043-899; Lot C, Block 438, District Lot 526,
Plan 19390] (the south lot) from CD-1 (Comprehensive Development) District
147 to a new CD 1 District to allow for development of a five-storey residential
building containing a total of 67 units of social housing at a maximum floor
space ratio (FSR) of 1.60,


generally as presented in Appendices A1 and A2 of the Policy Report dated
February 25, 2014, entitled CD-1 Rezoning: (a) 706-774 West 13th Avenue and
(b) 755-799 West 14th Avenue (Heather Place), be approved subject to the following
conditions:

For (a) 706-774 West 13th Avenue (Heather Place - North Lot)

CONDITIONS OF APPROVAL OF FORM OF DEVELOPMENT

(a) That the proposed form of development be approved by Council in principle,
generally as prepared by Neale Staniskis Doll Adams Architects, and stamped
Received City Planning Department, June 12, 2013, provided that the
General Manager of Planning and Development Services 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 General Manager of
Planning and Development Services, who shall have particular regard to the
following:

Urban Design

1. Design development to reduce the apparent scale of Building C, facing
Heather Street and the two houses to the south addressed as
2975 Heather Street.

Note to Applicant: Intent is to create a better transition from the taller
building form on the north side of 13th Avenue to the scale of nearby
apartment buildings. This can be accomplished by lowering the shoulder
line of Building C in part or whole, by providing more substantial
setbacks to upper levels, or some combination thereof. Changes of
exterior finish, colour and material can be used to reinforce a lower
visual scale, and consideration given to the comments of the Urban
Design Panel regarding variation around the tower form. Consideration
will be given to relocation of upper level massing to lower parts of the
project.

2. Reduction in the shadowing during the winter months of the outdoor
area to the north that serves the childcare facility.

Note to Applicant: Proposed rooftop features that create shadowing
such as greenhouses, stairways and north-facing overhangs on Building B
should be relocated or substantially reduced. The depth or width of
individual units may require adjustment, depending on their
contribution to any incremental increase in shadowing after considering
the effects of the existing landscape along 13th Avenue.


3. Design development to the proposed treatment of the City lane to
achieve an appropriate balance of improved pedestrian amenity with
transportation, safety, maintenance and service requirements.
(See Engineering conditions also.)

Note to Applicant: Staff support the proposed goals of improving the
amenity of this space for nearby residents, and look forward to
developing a sustainable design that meets the range of needs noted
above.

4. Provision of high quality and durable materials with well resolved
detailing.

Note to Applicant: Elevation drawings and enlarged details should be
provided to develop the design that was proposed in preliminary form at
the rezoning stage.

5. Consideration of locating bicycle facilities at grade.

Note to Applicant: Consider moving some or all of the proposed below-
grade amenities, to be more prominent and easily accessible for users
of all abilities.

Crime Prevention through Environmental Design (CPTED)

6. Design development to respond to CPTED principles, having particular
regard for:

(a) theft in the underground parking;
(b) residential break and enter;
(c) mail theft; and
(d) mischief in alcove and vandalism, such as graffiti.

Sustainability LEED Rating

contributing to the buildings sustainability performance as required by
the Green Buildings Policy for Rezonings, including at a minimum 63
points in the LEED rating system, six optimize energy performance
points, one water efficiency point, and one storm water point. At
minimum, the applicant is expected to obtain 60 points, LEED Gold
Certification, with the remainder connected to VGH.

Note to Applicant: Provide a LEED checklist confirming the above and
a detailed written description of how the above-noted points have been
achieved with reference to specific building features in the
development, and notation of the features on the plans and elevations.
The checklist and description should be incorporated into the drawing


set. Registration and application for certification of the project is also
required under the policy.

Landscape

8. Additional requirements that address specific components of the
Rezoning Policy for Sustainable Large Developments including, but not
limited to:

(a) reduction of lawn cover (to reduce chemical use and energy
inputs associated with maintenance);
(b) creation of habitat (access to nature) by adding pockets of
native and adapted plants that specifically attract birds and
insects;
(c) additional tree planting or contributions toward planting trees
offsite;
(d) financial bonding to ensure tree retention success;
(e) a rainwater management plan, in whole, or in part (for example,
cistern details);
(f) reduction of impervious paving; and
(g) expansion of details and functioning of the urban agriculture and
food systems program.

Note to Applicant: These requirements are listed here as advanced
notice of possible future conditions of development permit, subject to
review by the Director of Planning. Refer to administration bulletin,
Rezoning Policy for Sustainable Large Developments.

9. Design development to grades, retaining walls, walkways and structural
design, such as underground parking, to maximize soil volumes (exceed
BCLNA Landscape Standard) to accommodate new and existing trees and
plants.

Note to Applicant: Wherever possible, take advantage of natural soils
and the water table by locating new trees at grade beyond the edge of
the underground slab. To avoid raised planters above grade, angle the
corner of the underground slab downward (1.0 m across and 1.2 m) to
maximize contiguous soil volumes. Planted landscapes on slab should be
designed to maximize soil depths by lowering the slab, wherever
possible, or providing tree wells, if necessary.

10. Design development to maximize the retention of trees, especially near
the perimeter edge, where possible.

Note to Applicant: Pursuant to urban forest objectives, alterations to
slab design or form of development may be necessary. While the
proposal indicates that existing trees have been retained and
integrated, there may be further comments at the development permit


stage, including arborist reporting. Measures may be needed to mitigate
impacts to offsite and co-owned trees. Special attention should be given
to the retention of a neighbor tree (OS1). Trees or tree groupings that
are owned or co-owned with the City will require coordination with
Engineering Services and Park Board.

11. Design development to location of utilities.

Note to Applicant: Avoid the awkward placement of utilities (pad-
mounted transformers, Vista junctions, underground venting) visible
to the public realm. Where utilities must be located near a street or
sidewalk, a secondary circulation route is the preferred location. Every
effort should be made to integrate utility access into structures and
behind lockable, decorative gates or screened with landscaping.

12. At time of first development permit, provision of:

(a) a detailed Landscape Plan illustrating soft and hard landscaping;

Note to Applicant: The plans should be 1/8 in.: 1 ft. scale at
minimum. Where applicable, phased development should include
separate landscape plans for individual buildings and adjacent
open space. The Plant list should include the common and
botanical name, size and quantity of all existing/proposed plant
material. Plant material should be clearly illustrated on the
Landscape Plan and keyed to the Plant List. The landscape plan
should include the public realm treatment (to the curb) and all
existing or proposed street trees, adjoining walkways, surface
materials, PMT/Vista transformers and public utilities such as
lamp posts, hydro poles, fire hydrants.

(b) a Tree Removal/Protection/Replacement Plan in coordination
with arboricultural services, including the assessment of existing
trees, retention value rating, retention feasibility, remediation
recommendations, site supervision and letters of undertaking;

Note to Applicant: Given the size and complexity of the site,
provide a large-scale tree plan that is separate from the
landscape plan. The plan should clearly illustrate all trees to be
removed and retained, including any tree protection barriers and
important construction management directives drawn out of the
arborist report(s). Tree replacements are likely best located on
the proposed phased landscape plans.


(c) a Construction Management Plan outlining methods for the
retention of existing trees during construction.

Note to Applicant: The Plan should include, but not limited to,
the location of construction materials, temporary structures,
utilities, site access, development phasing, neighbour impact
reduction methods, to the satisfaction of Planning and
Development Services staff. Special construction methods such
as applying shotcrete to excavation walls near retained trees
may be necessary and a watering program.
(d) provision of detailed cross sections (minimum 1/4" in. scale)
through all proposed common open spaces and semi-private
patio areas (typical).

Note to Applicant: The sections should illustrate to scale the
relationship between the underground slab, soil, tree root ball,
retaining walls, steps, and part of the residential unit.

13. Application of universal design principles in the outdoor spaces, such as
wheelchair accessible walkways and site furniture.

Note to Applicant: Special consideration should be given to the ground
plane, including paving materials, grade changes, benches near
entrances on site and at reasonable intervals for public use along
streets and shared walkways.

14. Provision of the necessary supporting infrastructure to support urban
agriculture, such as tool storage, hose bibs and potting benches at all
common gardening locations.

15. Provision of high efficiency irrigation for all planted areas, including
urban agriculture areas, and hose bibs for all private patios of 9.29 m
2

(100 sq.ft.).

Engineering

16. Deletion of the portions of trellises shown encroaching into the lane.

17. Clarification is required for the dashed line shown encroaching into the
lane from the southwest corner of Lot B (north lot) (A-005). This line
appears to correlate with the underground parking extents. Delete any
portion of structure proposed within City lane.

18. Clarification regarding estimated Peak Flow in Section 5.2 of the
Sustainable Large Development Strategy provided as part of the
rezoning application.


19. Provision of a lane treatment to the satisfaction of the General Manager
of Planning and Development Services in consultation with the General
Manager Engineering Services. (See Urban Design conditions also.)

20. Make arrangements to the satisfaction of the General Manager
Engineering Services for the provision of items identified in the Green
Mobility Strategy submitted with the Heather Place Rezoning
Transportation Assessment Study dated May 20, 2013, generally to
include the following:

(a) Cycling Improvements (additional bicycle parking, bike hub
rooms, bike stop station at grade, and resident bicycle-sharing
program);
(b) Pedestrian Improvements (pedestrian lighting, way-finding
kiosks, electric scooter storage); and
(c) Transportation Demand Management (ride-sharing, TDM co-
ordinator, Multi-Modal Access Guide, car share vehicles and
membership fees, ride share program, targets and monitoring).

21. Garbage room located under Building B west of the parking ramp has a
single door as access that will make this room appropriate for wheeled
bins only rather than larger commercial-sized containers. If possible,
this room should have double doors with a minimum 2.0 m opening.

22. Provision of heat tracing within the parking ramp where the slope of the
ramp exceeds 12.5 per cent and it is exposed to open air.

23. Provision of a parking ramp slope not to exceed 12.5 per cent after the
first 6.1 m (20.0 ft.) from the property line.

Note to Applicant: This will assist cyclists using the ramp.

24. Provision of on-site signage and markings to identify clearly the Class A
loading spaces.

25. Clarify passenger-loading requirements and provide any necessary
loading on site.

Note to Applicant: The Transportation Study suggests on-street
passenger loading. If such loading is required, it is to be provided on
site.


26. Clarify garbage pick-up operations. Please provide written confirmation
that a waste hauler can access and pick up from the location shown.
Note: Pick up operations should not rely on bins being stored on the
street or lane for pick-up, and bins are to be returned to storage areas
immediately after emptying. Each buildings garbage room should be
conveniently located as close as possible to the elevator and where ease
of pick-up of the containers is possible.

27. Provide for any further feasibility studies and/or technical
investigations required to confirm the economic and technical viability
of the preferred approach(es) to providing low carbon energy supply to
the development to the satisfaction of the General Manager of

Note to Applicant: If results of the further analysis do not support the
preferred system development to the satisfaction of the General
Manager of Engineering Services, then a suitable low carbon alternative
shall be selected from screened options and shall be implemented.

28. Implement, where feasible and approved by the General Manager of
Engineering Services, a low carbon energy supply strategy for the
development which reduces greenhouse gas emissions by a minimum of
50 per cent compared to a business as usual (or reference scenario)
approach to heating and cooling.

29. Space heating and ventilation make-up air shall be provided by hydronic
systems (with heat provided via connection to the VGH Energy Centre,
as per the preferred option in the Low Carbon Energy Supply Feasibility
Screening Study), without electric resistance heat or distributed heat
generating equipment including gas fired make-up air heaters.

30. No heat producing fireplaces are to be installed within residential
suites.

31. Detailed design of the Low Carbon Energy supply strategy must be to

Social Development

32. Submission, with each Development Permit application, of a Finalized
Tenant Relocation Plan, to the satisfaction of the Managing Director of
Social Development.

33. Design development of rooftop greenhouse should consider elements
related to weight bearing loads, and ability of greenhouse to withstand
wind, rain and snow, with consideration of winds at roof height.


34. Design development and siting of composting should consider ways to
minimize odors and pests.

For (a) 706-774 West 13th Avenue (Heather Place - North Lot)


(c) That, prior to enactment of the CD-1 By-law, the registered owner shall on
terms and conditions satisfactory to the Director of Legal Services and to the
General Manager of Planning and Development Services, the Managing Director
of Social Development, the General Manager of Engineering Services and the
Approving Officer, as necessary, and at the sole cost and expense of the
owner/developer, make arrangements for the following:

Engineering

1. Provision of a statutory right of way to accommodate a bicycle
maintenance station and associated seating at Heather Street.

2. Provision of a statutory right of way to accommodate a Public Bike
Share (PBS) Station, if not provided on Lot C (south lot).

Size: At minimum, a 19.0 m x 4.0 m sized station must be
accommodated. The physical station with docked bicycles is 2.0 m wide
and has a required bicycle maneuvering zone of 2.0 m for a total width
of 4.0 m. The 2.0 m maneuvering space may be shared with pedestrian
space.

Location: The station must be located on private property while still
clearly visible to the public with 24/7 public access. The preferred
location is near the intersection of Willow Street and 13th Avenue or
14th Avenue, to allow easy access to the street.

Surface treatment: A hard surface is required with no utility access
points within 150 mm. Acceptable surfaces include CIP concrete
(saw-cut or broom finished), asphalt and pavers. Other firm, paved
materials are subject to approval.

Grades: The surface must be leveled with a maximum cross slope of
3 per cent and have a consistent grade (i.e. no grade transitions) along
the length with a maximum slope of 5 per cent. At minimum, spot
elevations at the four corners of the station must be provided.

Sun exposure: No vertical obstructions, to maximize sun exposure as
station operates on solar power. Ideally the station should receive 5
hours of direct sunlight a day.


Power: Provision of an electrical service and electrical power is to be
available in close proximity to the PBS station with the development
responsible for the ongoing supply and cost of electricity to the PBS
station

3. Provision of a statutory right of way to accommodate public pedestrian
passage through, and public use of fixed seating associated with, the
mid-block walkway on Lot B (north lot).

4. If not provided by Lot C (south lot), payment to the City, prior to
enactment of the rezoning by-law, of $10,000 toward nearby transit
improvements.

5. Provision of a Services Agreement to detail the on-site and off-site
works and services necessary or incidental to the servicing of the site
(collectively called the services) such that they are designed,
constructed and installed at no cost to the City and all necessary street
dedications and rights of way for the services are provided. No
development permit for the site will be issued until the security for the
services are provided.

(a) provision of improved pedestrian amenities along Willow Street,
Heather Street, 13th Avenue and 14th Avenue adjacent the sites,
including but not limited to sidewalks, boulevard strips, concrete
lane crossings, raised crosswalks, curb ramps, speed hump(s),
benches, drinking fountain, bike racks, pedestrian lighting and
features in keeping with the city-wide greenways and bikeways
standards.

(b) Provision of adequate water service to meet the fire flow
demands of the project. The current application lacks the details
to determine if water main upgrading is required. Please supply
project details including projected fire flow demands as
determined by the applicants mechanical consultant to
determine if water system upgrading is required. Should
upgrading be necessary then arrangements to the satisfaction of
the General Manager of Engineering Services and the Director of
Legal Services will be required to secure payment for the
upgrading. The developer is responsible for 100 per cent of any
water system upgrading that may be required.

(c) Provision of storm sewer upgrades to serve this site and the
south lot. A new City storm sewer lateral along the lane south of
13th Avenue is required to tie into existing Metro Vancouver
Trunk located on Willow Street at 100 per cent the developers
expense. Metro Vancouver tie-in approval is required for storm
servicing.


Note to Applicant: Storm connections for Lots B and C are to
connect to this new City storm sewer lateral. The estimate for
the new lateral is $50,000, at the cost of the developer.
Pursuant to Metro Vancouver tie-in approval, no additional storm
sewer upgrades will be required.

6. Provision of all utility services to be underground from the closest
existing suitable service point. All electrical services to the site must be
primary with all electrical plant, which include but are not limited to,
junction boxes, switchgear, pad mounted transformers and kiosks
(including non-BC Hydro kiosks) are to be located on private property
with no reliance on public property for placement of these features.
There will be no reliance on secondary voltage from the existing
overhead electrical network on the street right-of-way. Any alterations
to the existing overhead/underground utility network to accommodate
this development will require approval by the Utilities Management
Branch. The applicant may be required to show details of how the site
will be provided with all services being underground.

Sustainability

7. Enter into such agreements as the General Manager of Engineering
Services and the Director of Legal Services determine are necessary for
connection to the Neighbourhood Energy System serving VGH in
accordance with the Citys policy for low carbon neighbourhood energy,

(a) Require buildings within the development to connect to a
Neighbourhood Energy System prior to occupancy if connection is
deemed available and appropriate at the time of issuance of
development permit, or post occupancy if immediate connection
is not deemed viable;

(b) Grant the operator of the Neighbourhood Energy System access
to the building mechanical system and thermal energy
system-related infrastructure within the development for the
purpose of enabling Neighbourhood Energy System connection
and operation, on such terms and conditions as may be
reasonably required by the Applicant; and

(c) Provide for adequate and appropriate space within the
development to be dedicated and utilized for neighbourhood
energy system operations equipment.

Housing Agreement

8. Execute a Housing Agreement in respect of all dwelling units in the
development on both sites combined:


(a) with a term of 60 years or the life of the building, whichever is
longer;
(b) requiring such units to be used for social housing;
(c) requiring that no less than 51 per cent of the total number of
units (on the north lot and the south lot combined) be suitable
for families as per the Citys Guidelines for High Density Housing
for Families with Children;
(d) requiring that no less than five percent of the total number of
as disabled housing as defined by the Vancouver Building By-law;
(e) containing no-separate-sales and no-stratification covenants;
(f) requiring all such units to be made available for rental for a
term of not less than one month, and

(g) requiring a Tenant Relocation Plan for existing tenants that
meets the Residential Tenancy Act requirements and the Citys
Rate of Change Guidelines that includes the following
requirements:
(i) provide each tenant with two months free rent;
(ii) reimburse tenants for receipted moving expenses; and
(iii) provide a first-right-of-refusal for tenants to relocate into
a replacement rental unit on the site;
(iv) or the opportunity to move to another rental unit off site
or other form of agreed affordable housing;
(h) at initial occupancy requiring a minimum of 23 per cent of the
units (52 units) to be subsidized, with minimum of 11.5 per cent
(26 units) of the units where the maximum rents are affordable,
to households with an income of no more than the BC Housing
Income Limits;
(i) achieving a minimum of 30 per cent of the units (69 units) where
the maximum rents are affordable to households with an income
of no more than the BC Housing Income Limits, within five years
of project occupancy of Buildings A and B comprising of 163
units;
(j) requiring an annual review of the operating budget (including
reasonable operating costs), in order to secure reinvestment of
any surplus rental revenue from this development, back into
deepening and/or widening the affordability of units on site;
(k) if MVHC are unable to achieve a minimum of 30 per cent of the
units where the maximum rents are affordable to households
with an income of no more than the BC Housing Income Limits
within five years of occupancy of Buildings A and B comprising of
163 units, that the Housing Agreement will be subject to a
review by Council, and
(l) including such other terms and condition as the Director of Legal
Services and the Managing Director of Social Development may
require.


Note to Applicant: This Housing Agreement will be entered into by the
City by by-law enacted pursuant to Section 595.2 of the Vancouver
Charter.

Soils Agreement

9. If applicable:

(a) Submit a site profile to the Environmental Planning, Real Estate
and Facilities Management (Environmental Contamination
Team);

(b) As required by the Manager of Environmental Planning and the
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; and

(c) If required by the Manager of Environmental Planning and the
Director of Legal Services in their discretion, enter into a
remediation agreement for the remediation of the site and any
contaminants which have migrated from the site on terms and
conditions satisfactory to the Manager of Environmental
Planning, the General Manager of Engineering Services and the
Director of Legal Services, including a Section 219 Covenant that
there will be no occupancy of any buildings or improvements on
the site constructed pursuant to this rezoning until a Certificate
of Compliance satisfactory to the City for the on-site and off-site
contamination, issued by the Ministry of Environment, has been
provided to the City.

Note: Where the Director of Legal Services deems appropriate, the
preceding agreements are to be drawn, not only as personal covenants
of the property owners, 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 sites 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-laws.

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, if any, shall be determined by the appropriate City official
having responsibility for each particular agreement, who may consult
other City officials and City Council.


For (b) 725-799 West 14th Avenue (Heather Place - South Lot)

CONDITIONS OF APPROVAL OF FORM OF DEVELOPMENT

(d) That the proposed form of development be approved by Council in principle,
generally as prepared by Neale Staniskis Doll Adams Architects, and stamped
Received City Planning Department, June 12, 2013, provided that the General
Manager of Planning and Development Services may allow minor alterations to
this form of development when approving the detailed scheme of development
as outlined in (b) below.

(e) That, prior to approval by Council of the form of development, the applicant
shall obtain approval of a development application by the General Manager of
Planning and Development Services, who shall have particular regard to the
following:

Urban Design

1. Design development to the proposed treatment of the City lane to
achieve an appropriate balance of improved pedestrian amenity with
transportation, safety, maintenance and service requirements.
(See Engineering conditions also.)

Note to Applicant: Staff support the proposed goals of improving the
amenity of this space for nearby residents, and look forward to
developing a sustainable design that meets the range of needs noted
above.

2. Provision of high quality and durable materials with well resolved
detailing.

Note to Applicant: Elevation drawings and enlarged details should be
provided to develop the design that was proposed in preliminary form at
the rezoning stage.

3. Consideration of locating bicycle facilities at grade.

Note to Applicant: Consider moving some or all of the proposed
below-grade amenities to be more prominent and easily accessible for
users of all abilities.

Crime Prevention through Environmental Design (CPTED)

4. Design development to respond to CPTED principles, having particular
regards for:

(a) theft in the underground parking;
(b) residential break and enter;


(c) mail theft; and
(d) mischief in alcove and vandalism, such as graffiti.

Sustainability LEED Rating

contributing to the buildings sustainability performance as required by
the Green Buildings Policy for Rezonings, including at a minimum 63
points in the LEED rating system, six optimize energy performance
points, one water efficiency point, and one storm water point. At
minimum, the applicant is expected to obtain 60 points, LEED Gold
Certification, with the remainder connect to VGH.

Note to Applicant: Provide a LEED checklist confirming the above and
a detailed written description of how the above-noted points have been
achieved with reference to specific building features in the
development, and notation of the features on the plans and elevations.
The checklist and description should be incorporated into the drawing
set. Registration and application for certification of the project is also
required under the policy.

Landscape

6. Additional requirements that address specific components of the
Rezoning Policy for Sustainable Large Developments including, but not
limited to:

(a) reduction of lawn cover (to reduce chemical use and energy
inputs associated with maintenance);
(b) creation of habitat (access to nature) by adding pockets of
native and adapted plants that specifically attract birds and
insects;
(c) additional tree planting or contributions toward planting trees
offsite;
(d) financial bonding to ensure tree retention success;
(e) a rainwater management plan, in whole, or in part (for example,
cistern details);
(f) reduction of impervious paving; and
(g) expansion of details and functioning of the urban agriculture and
food systems program.

Note to Applicant: These requirements are listed here as advanced
notice of possible future conditions of development permit, subject to
review by the Director of Planning. Refer to administration bulletin,
Rezoning Policy for Sustainable Large Developments.

7. Design development to grades, retaining walls, walkways and structural
design, such as underground parking, to maximize soil volumes (exceed


BCLNA Landscape Standard) to accommodate new and existing trees and
plants.

Note to Applicant: Wherever possible, take advantage of natural soils
and the water table by locating new trees at grade beyond the edge of
the underground slab. To avoid raised planters above grade, angle the
corner of the underground slab downward (1.0 m across and 1.2 m) to
maximize contiguous soil volumes. Planted landscapes on slab should be
designed to maximize soil depths by lowering the slab, wherever
possible, or providing tree wells, if necessary.

8. Design development to maximize the retention of trees, especially near
the perimeter edge, where possible.

Note to Applicant: Pursuant to urban forest objectives, alterations to
slab design or form of development may be necessary. While the
proposal indicates that existing trees have been retained and
integrated, there may be further comments at the development permit
stage, including arborist reporting. Measures may be needed to mitigate
impacts to offsite and co-owned trees. Special attention should be given
to the retention of a neighbor tree (OS1). Trees or tree groupings that
owned or co-owned with the City will require coordination with
Engineering Services and Park Board.

9. Design development to location of utilities.

Note to Applicant: Avoid the awkward placement of utilities (pad
mounted transformers, Vista junctions, underground venting) visible
to the public realm. Where utilities must be located near a street or
sidewalk, a secondary circulation route is the preferred location. Every
effort should be made to integrate utility access into structures and
behind lockable, decorative gates or screened with landscaping.

10. At time of first development permit, provision of:

(a) a detailed Landscape Plan illustrating soft and hard landscaping;

Note to Applicant: The plans should be 1/8 in.: 1 ft. scale at
minimum. Where applicable, phased development should include
separate landscape plans for individual buildings and adjacent
open space. The Plant list should include the common and
botanical name, size and quantity of all existing/proposed plant
material. Plant material should be clearly illustrated on the
Landscape Plan and keyed to the Plant List. The landscape plan
should include the public realm treatment (to the curb) and all
existing or proposed street trees, adjoining walkways, surface
materials, PMT/Vista transformers and public utilities such as
lamp posts, hydro poles, fire hydrants.


(b) a Tree Removal/Protection/Replacement Plan in coordination
with arboricultural services, including the assessment of existing
trees, retention value rating, retention feasibility, remediation
recommendations, site supervision and letters of undertaking;

Note to Applicant: Given the size and complexity of the site,
provide a large scale tree plan that is separate from the
landscape plan. The plan should clearly illustrate all trees to be
removed and retained, including any tree protection barriers and
important construction management directives drawn out of the
arborist report(s). Tree replacements are likely best located on
the proposed phased landscape plans.
(c) a Construction Management Plan outlining methods for the
retention of existing trees during construction; and

Note to Applicant: The Plan should include, but not limited to,
the location of construction materials, temporary structures,
utilities, site access, development phasing, neighbor impact
reduction methods, to the satisfaction of Planning staff. Special
construction methods such as applying shotcrete to excavation
walls near retained trees may be necessary and a watering
program.

(d) provision of detailed cross sections (minimum 1/4" inch scale)
through all proposed common open spaces and semi-private
patio areas (typical).

Note to Applicant: The sections should illustrate to scale the
relationship between the underground slab, soil, tree root ball,
retaining walls, steps, and part of the residential unit.

11. Application of universal design principles in the outdoor spaces, such as
wheelchair accessible walkways and site furniture.

Note to Applicant: Special consideration should be given to the ground
plane, including paving materials, grade changes, benches near
entrances on site and at reasonable intervals for public use along
streets and shared walkways.

12. Provision of the necessary supporting infrastructure to support urban
agriculture, such as tool storage, hose bibs and potting benches at all
common gardening locations.

13. Provision of high efficiency irrigation for all planted areas, including
urban agriculture areas, and hose bibs for all private patios of 9.29 m
2

(100 sq. ft.).


Engineering

14. Deletion of the portions of trellises shown encroaching into the lane
from both lots, and the project signage shown encroaching onto City
street in the southwest corner of Lot C (south lot) (A-005).

15. Clarification regarding estimated Peak Flow in Section 5.2 of the
Sustainable Large Development Strategy provided as part of the
rezoning application.

16. Provision of a lane treatment to the satisfaction of the Director of
Planning in consultation with the General Manager Engineering Services.
(See Urban Design conditions also.)
17. Make arrangements to the satisfaction of the General Manager
Engineering Services for the provision of items identified in the Green
Mobility Strategy submitted with the Heather Place Rezoning
Transportation Assessment Study dated May 20, 2013, generally to
include the following:

(a) Cycling Improvements (additional bicycle parking, bike hub
rooms, bike stop station at grade, and resident bicycle-sharing
program);
(b) Pedestrian Improvements (pedestrian lighting, way-finding
kiosks, electric scooter storage); and
(c) Transportation Demand Management (ride-sharing, TDM co-
ordinator, Multi-Modal Access Guide, car share vehicles and
membership fees, ride share program, targets and monitoring).

18. Provision of heat tracing within the parking ramp where the slope of the
ramp exceeds 12.5 per cent and it is exposed to open air.

19. Provision of a parking ramp slope not to exceed 12.5 per cent after the
first 9.1 m (20.0 ft.) from the property line.

Note to Applicant: This will assist cyclists using the ramp.

20. Provision of on-site signage and markings to identify clearly the Class A
loading spaces.

21. Clarify passenger-loading requirements and provide any necessary
loading on-site.

Note to Applicant: The Transportation Study suggests on-street
passenger loading. If such loading is required, it is to be provided
on-site.

22. Clarify garbage pick-up operations. Please provide written confirmation
that a waste hauler can access and pick up from the location shown.


Note: Pick up operations should not rely on bins being stored on the
street or lane for pick-up, and bins are to be returned to storage areas
immediately after emptying. Each buildings garbage room should be
conveniently located as close as possible to the elevator and where ease
of pick-up of the containers is possible.

23. Provide for any further feasibility studies and/or technical
investigations required to confirm the economic and technical viability
of the preferred approach(es) to providing low carbon energy supply to
the development to the satisfaction of the General Manager of

Note to Applicant: If results of the further analysis do not support the
preferred system development to the satisfaction of the General
Manager of Engineering Services, then a suitable low carbon alternative
shall be selected from screened options and shall be implemented.

24. Implement, where feasible and approved by the General Manager of
Engineering Services, a low carbon energy supply strategy for the
development which reduces greenhouse gas emissions by a minimum of
50 per cent compared to a business as usual (or reference scenario)
approach to heating and cooling.

25. Space heating and ventilation make-up air shall be provided by hydronic
systems (with heat provided via connection to the VGH Energy Centre,
as per the preferred option in the Low Carbon Energy Supply Feasibility
Screening Study), without electric resistance heat or distributed heat
generating equipment including gas fired make-up air heaters.

26. No heat producing fireplaces are to be installed within residential
suites.

27. Detailed design of the Low Carbon Energy supply strategy must be to

Social Development

28. Submission, with each Development Permit application, of a Finalized
Tenant Relocation Plan, to the satisfaction of the Managing Director of
Social Development.

29. Design development and siting of composting should consider ways to
minimize odors and pests.

Parks - Public Use of Private Amenities

30. Provision of a Community Use Agreement, or other such instrument,
with terms satisfactory to the General Manager Park Board and


Managing Director of Social Development to support public use of
specified indoor amenity spaces by a Community Centre, Neighbourhood
House or other such community organization, on a shared basis with the
tenants of Heather Place and with appropriate compensation to Metro
Vancouver Housing Corporation to cover operating costs.

For (b) 725-799 West 14th Avenue (Heather Place - South Lot)


(f) That, prior to enactment of the CD-1 By-law, the registered owner shall on
terms and conditions satisfactory to the Director of Legal Services and to the
General Manager of Planning and Development Services, the Managing Director
of Social Development, the General Manager of Engineering Services and the
Approving Officer, as necessary, and at the sole cost and expense of the
owner/developer, make arrangements for the following:

Engineering

1. Provision of a statutory right of way to accommodate a Public Bike
Share Station (PBS), if not provided on Lot B (north lot).

Size: At minimum, a 19.0 m x 4.0 m sized station must be
accommodated. The physical station with docked bicycles is 2.0 m wide
and has a required bicycle maneuvering zone of 2.0 m for a total width
of 4.0 m. The 2.0 m maneuvering space may be shared with pedestrian
space.

Location: The station must be located on private property while still
clearly visible to the public with 24/7 public access. The preferred
location is near the intersection of Willow Street and 13th Avenue or
14th Avenue, to allow easy access to the street.

Surface treatment: A hard surface is required with no utility access
points within 150 mm. Acceptable surfaces include CIP concrete
(saw-cut or broom finished), asphalt and pavers. Other firm, paved
materials are subject to approval.

Grades: The surface must be leveled with a maximum cross slope of
3 per cent and have a consistent grade (i.e. no grade transitions) along
the length with a maximum slope of 5 per cent. At minimum, spot
elevations at the four corners of the station must be provided.

Sun exposure: No vertical obstructions, to maximize sun exposure as
station operates on solar power. Ideally the station should receive 5
hours of direct sunlight a day.


Power: Provision of an electrical service and electrical power is to be
available in close proximity to the PBS station with the development
responsible for the ongoing supply and cost of electricity to the PBS
station.

2. Provision of a statutory right of way to accommodate public pedestrian
access through the pathway network, and public use of the fixed seating
and childrens play area, all located on the southwestern end of Lot C
(south lot).

3. If not provided by Lot B (north lot), provision of $10,000 toward nearby
transit improvements.

4. Provision of a Services Agreement to detail the on-site and off-site
works and services necessary or incidental to the servicing of the site
(collectively called the services) such that they are designed,
constructed and installed at no cost to the City and all necessary street
dedications and rights of way for the services are provided. No
development permit for the site will be issued until the security for the
services are provided.

(a) Provision of improved pedestrian amenities along Willow Street,
Heather Street, 13th Avenue and 14th Avenue adjacent the site,
including but not limited to sidewalks, boulevard strips, concrete
lane crossings, raised crosswalks, curb ramps, speed hump(s),
benches, drinking fountain, bike racks, pedestrian lighting and
features in keeping with the city-wide greenways and bikeways
standards.

(b) Provision of adequate water service to meet the fire flow
demands of the project. The current application lacks the details
to determine if water main upgrading is required. Please supply
project details including projected fire flow demands as
determined by the applicants mechanical consultant to
determine if water system upgrading is required. Should
upgrading be necessary then arrangements to the satisfaction of
the General Manager of Engineering Services and the Director of
Legal Services will be required to secure payment for the
upgrading. The developer is responsible for 100 per cent of any
water system upgrading that may be required.

(c) Provision of storm sewer upgrades to serve this site and the
north lot. A new City storm sewer lateral along the lane south of
13th Avenue is required to tie into existing Metro Vancouver
Trunk located on Willow Street at 100 per cent the developers
expense. Metro Vancouver tie-in approval is required for storm
servicing.


Note to Applicant: Storm connections for Lots B and C are to
connect to this new City storm sewer lateral. The estimate for
the new lateral is $50,000, at the cost of the developer.
Pursuant to Metro Vancouver tie-in approval, no additional storm
sewer upgrades will be required.

(d) Provision of all utility services to be underground from the
closest existing suitable service point. All electrical services to
the site must be primary with all electrical plant, which include
but are not limited to, junction boxes, switchgear, pad mounted
transformers and kiosks (including non-BC Hydro kiosks) are to be
located on private property with no reliance on public property
for placement of these features. There will be no reliance on
secondary voltage from the existing overhead electrical network
on the street right-of-way. Any alterations to the existing
overhead/underground utility network to accommodate this
development will require approval by the Utilities Management
Branch. The applicant may be required to show details of how
the site will be provided with all services being underground.

Sustainabilty

5. Enter into such agreements as the General Manager of Engineering
Services and the Director of Legal Services determine are necessary for
connection to the Neighbourhood Energy System serving VGH in
accordance with the Citys policy for low carbon neighbourhood energy,

(a) Require buildings within the development to connect to a
Neighbourhood Energy System prior to occupancy if connection is
deemed available and appropriate at the time of issuance of
development permit, or post occupancy if immediate connection
is not deemed viable;

(b) Grant the operator of the Neighbourhood Energy System access
to the building mechanical system and thermal energy system-
related infrastructure within the development for the purpose of
enabling Neighbourhood Energy System connection and
operation, on such terms and conditions as may be reasonably
required by the Applicant; and

(c) Provide for adequate and appropriate space within the
development to be dedicated and utilized for neighbourhood
energy system operations equipment.


Housing Agreement

6. Execute a Housing Agreement in respect of all dwelling units in the
development on both sites combined:

(a) with a term of 60 years or the life of the building, whichever is
longer;
(b) requiring such units to be used for social housing;
(c) requiring that no less than 51 per cent of the total number of
for families as per the Citys Guidelines for High Density Housing
for Families with Children;
(d) requiring that no less than five per cent of the total number of
as disabled housing as defined by the Vancouver Building By-law;
(e) containing no-separate-sales and no-stratification covenants;
(f) requiring all such units to be made available for rental for a
term of not less than one month, and
(g) requiring a Tenant Relocation Plan for existing tenants that
meets the Residential Tenancy Act requirements and the Citys
Rate of Change Guidelines that includes the following
requirements:
(i) provide each tenant with two months free rent;
(ii) reimburse tenants for receipted moving expenses; and
(iii) provide a first-right-of-refusal for tenants to relocate into
a replacement rental unit on the site;
(iv) or the opportunity to move to another rental unit off site
or other form of agreed affordable housing;
(h) requiring, at the time of initial occupancy, a minimum of 23 per
cent of the units to be subsidized, and a minimum of 11.5% of
the units where the maximum rents are affordable to households
with an income of no more than the BC Housing Income Limits;
(i) requiring a minimum of 30 per cent of the units where the
maximum rents are affordable to households with an income of
no more than the BC Housing Income Limits, within five years of
occupancy of Buildings A and B comprising a total of 163 units;
(j) requiring an annual review of the operating budget (including
reasonable operating costs), in order to secure reinvestment of
any surplus rental revenue from this development, back into
deepening and/or widening the affordability of units on site;
(k) if Metro Vancouver Housing Corporation are unable to achieve a
minimum of 30 per cent of the units where the maximum rents
are affordable to households with an income of no more that the
BC Housing Income Limits within five years of occupancy of
Buildings A and B comprising 163 units, that the Housing
Agreement will be subject to a review by Council, and


(l) including such other terms and condition as the Director of Legal
Services and the Managing Director of Social Development may
require.

Note to Applicant: This Housing Agreement will be entered into by the
City by by-law enacted pursuant to Section 595.2 of the Vancouver
Charter.

Soils Agreement

7. If applicable:

(a) submit a site profile to the Environmental Planning, Real Estate
and Facilities Management (Environmental Contamination
Team);

(b) as required by the Manager of Environmental Planning and the
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; and

(c) if required by the Manager of Environmental Planning and the
Director of Legal Services in their discretion, enter into a
remediation agreement for the remediation of the site and any
contaminants which have migrated from the site on terms and
conditions satisfactory to the Manager of Environmental
Planning, the General Manager of Engineering Services and the
Director of Legal Services, including a Section 219 Covenant that
there will be no occupancy of any buildings or improvements on
the site constructed pursuant to this rezoning until a Certificate
of Compliance satisfactory to the City for the on-site and off-site
contamination, issued by the Ministry of Environment, has been
provided to the City.

Note: Where the Director of Legal Services deems appropriate, the
preceding agreements are to be drawn, not only as personal covenants
of the property owners, 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 sites 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-laws.


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, if any, shall be determined by the appropriate City official
having responsibility for each particular agreement, who may consult
other City officials and City Council.

B. THAT, subject to enactment of the CD-1 By-laws, the Director of Legal Services be
instructed to bring forward the amendments to the Parking By-law, generally as set
out in Appendix C of the Policy Report dated February 25, 2014, entitled CD 1
Rezoning: (a) 706-774 West 13th Avenue and (b) 755-799 West 14th Avenue (Heather
Place).

C. THAT, subject to approval in principle of the rezoning and the Housing Agreement
described in section (c) of Appendices B1 and B2 of the Policy Report dated February
25, 2014, entitled CD 1 Rezoning: (a) 706-774 West 13th Avenue and
(b) 755-799 West 14th Avenue (Heather Place), the Director of Legal Services be
instructed to prepare the necessary Housing Agreement By-law for enactment prior to
enactment of the amending by-laws contemplated by the same report, subject to such
terms and conditions as may be required at the discretion of the Director of Legal
Services and the Managing Director of Social Development.

D. THAT A through C above be adopted on the following conditions:

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 bylaw rezoning the property, and any costs
incurred in fulfilling requirements imposed as a condition of rezoning are at the
risk of Metro Vancouver Housing Corporation; 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 Carr opposed)


ADMINISTRATIVE REPORTS

1. Southeast False Creek Neighbourhood Energy Utility (SEFC NEU) - Transition to a
Stronger Conservation Rate Signal
April 11, 2014

MOVED by Councillor Reimer

THAT Council adopt, in principle, a transition strategy to adjust the Southeast False
Creek Neighbourhood Energy Utility customer rate structure to improve the energy
conservation price signal, as described in the Administrative Report dated April 11,
2014, entitled "Southeast False Creek Neighbourhood Energy Utility (SEFC NEU)
Transition to a Stronger Conservation Rate Signal".

CARRIED UNANIMOUSLY

2. Closure and Sale of a Portion of Lane Adjacent to 8175 Cambie Street
April 22, 2014

A. THAT Council close, stop-up and convey to the owner of 8175 Cambie Street
(legally described as [PID: 010-043-233] Amended Lot 7 (See 264256L), [PID:
010-042-636] Lot 11, and [PID: 006-190-626] Lot 12; All of Lot X Blocks 1 and 2
Plan 8548; and [PID: 006-645-283] Lot A Block X Plan 20305; All of District Lot
311 (collectively, the Abutting Lands)), that 402.7 square metre portion of
abutting lane (the Old Lane), the same as generally shown hatched on the
plan attached as Appendix B to the Administrative Report dated April 22, 2014,
entitled "Closure and Sale of a Portion of Lane Adjacent to 8175 Cambie Street"
subject to the terms and conditions noted in Appendix A of the same report.

B. THAT the sale proceeds of $1,070,000 be credited to the Property Endowment
Fund (PEF).

ADOPTED ON CONSENT

3. Rental Rate Increases Civic Theatres 2014-2015
March 31, 2014

A. THAT Council approve the recommended Rental Rate increase as outlined in
the Schedule of Rental Rates for Civic Theatres, attached as Appendix A to the
Administrative Report dated March 31, 2014, entitled "Rental Rate Increases
Civic Theatres 2014-2015), effective September 1, 2014.

B. THAT recommended rates for the Queen Elizabeth Plaza fee structure be
adjusted to include Technical/set up rates, as set out in Appendix A to the
Administrative Report dated March 31, 2014, entitled "Rental Rate Increases
Civic Theatres 2014-2015", effective September 1, 2014.

ADOPTED ON CONSENT


4. Vancouver Heritage Foundation 2013 Annual Report
April 3, 2014


A. THAT Council approve the 2013 Annual Report of the Vancouver Heritage
Foundation attached as Appendix A to the Administrative Report dated
April 3, 2014, entitled "Vancouver Heritage Foundation 2013 Annual Report".

B. THAT Council approve payment of a grant to the Vancouver Heritage
Foundation in the amount of $120,000 to be used as operating funds for the
first year of the three-year operating agreement noting that funding is included
in the 2014 Operating Budget.

CARRIED UNANIMOUSLY AND
BY THE REQUIRED MAJORITY
(Councillor Stevenson absent for the vote)

POLICY REPORTS

1. CD-1 Rezoning: 3120-3184 Knight Street
April 22, 2014


A. THAT the application by Stuart Howard Architects Inc., on behalf of 0971759
B.C. Ltd., to rezone 3120-3184 Knight Street [Lots B and C, Block 6, and Lot D
of Lot 6, all of District Lot 756 Plan 9660; PIDs 007-443-617, 009-610-758 and
002-436-035 respectively] from RT-2 (Two-Family Dwelling) District to CD-1
(Comprehensive Development) District, to increase the floor space ratio from
0.75 to 2.08 and the building height from 9.2 m (30.2 feet) to 15.9 m (51.8
feet) to permit the development of a five-storey residential building with
51 market rental units, be referred to a Public Hearing, together with:

(i) plans prepared by Stuart Howard Architects Inc., received January 23,
2014;
(ii) draft CD-1 By-law provisions, generally as presented in Appendix A of
the Policy Report dated April 22, 2014, entitled "CD-1 Rezoning: 3120-
3184 Knight Street"; and
(iii) the recommendation of the General Manager of Planning and
Development Services to approve the application, subject to conditions
contained in Appendix B of the above-noted Policy Report;

FURTHER THAT the Director of Legal Services be instructed to prepare the
necessary CD-1 By-law generally in accordance with Appendix A of the above-
noted Policy Report for consideration at the Public Hearing.


B. THAT, if after public hearing Council approves in principle this rezoning and
the Housing Agreement described in section (c) of Appendix B of the Policy
Report dated April 22, 2014, entitled "CD-1 Rezoning: 3120-3184 Knight Street",
the Director of Legal Services be instructed to prepare the necessary Housing
Agreement By-law for enactment prior to enactment of the CD-1 By-law
contemplated by the above-noted Policy Report.

C. THAT A and B above be adopted on the following conditions:

(i) THAT the passage of the above resolutions creates no legal rights for
the applicant or any other person, or obligation on the part of the City
and any expenditure of funds or incurring of costs is at 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
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

CARRIED UNANIMOUSLY
(Councillor Reimer absent for the vote)

RISE FROM COMMITTEE OF THE WHOLE


THAT the Committee of the Whole rise and report.

CARRIED UNANIMOUSLY

ADOPT REPORT OF COMMITTEE OF THE WHOLE


THAT the report of the Committee of the Whole be adopted.

CARRIED UNANIMOUSLY


BY-LAWS

The Mayor noted that By-laws 3, 4 and 5 were withdrawn from the agenda.

Councillor Deal advised she had reviewed the proceedings with regard to By-law 8 and she
would therefore be voting on the by-law.

Councillor Affleck had previously declared conflict of interest with regard to the application
related to By-law 8, and was therefore ineligible to vote on the by-law.

Councillor Jang advised he had reviewed the proceedings with regard to By-law 19 and he
would therefore be voting on the by-law.

MOVED by Councillor Ball

THAT Council, except for those members ineligible to vote as noted below, enact the
by-laws listed on the agenda for this meeting as numbers 1, 2 and 6 to 19 inclusive,
and authorize the Mayor and City Clerk to sign and seal the enacted by-laws.

CARRIED UNANIMOUSLY

1. A By-law to amend Area Specific Development Cost Levy By-law No. 9418 regarding the
definition of social housing (By-law No. 10917)

2. A By-law to amend Vancouver Development Cost Levy By-law No. 9755 regarding the
definition of social housing (By-law No. 10918)

3-5. WITHDRAWN

6. A By-law to amend Noise Control By-law No. 6555 (1396 Richards Street)
(By-law No. 10919)

7. A By-law to amend Parking By-law No. 6059 with regard to CD-1 Districts Parking
Requirements (1396 Richards Street) (By-law No. 10920)

8. A By-law to amend Sign By-law No. 6520 (1396 Richards Street) (By-law No. 10921)
(Councillor Affleck ineligible for the vote)

9. A By-law to amend Secondhand Dealers and Pawnbrokers By-law No. 2807 regarding
a housekeeping matter (By-law No. 10922)

10. A By-law to amend the Protection of Trees By-law No. 9958 Regarding housekeeping
matters (By-law No. 10923)

11. A By-law to amend Parking Meter By-law No. 2952 regarding housekeeping
amendments (By-law No. 10924)


12. A By-law to amend By-law No. 10688 (968-988 Howe Street) (By-law No. 10925)

13. A By-law to designate certain real property as protected heritage property
(2856 West 3
rd
Avenue) (By-law No. 10926)

14. A By-law to authorize Council entering into a Heritage Revitalization Agreement with
the Owner of Heritage Property (2856 West 3
rd
Avenue) (By-law No. 10927)

15. A By-law to amend Parking By-law No. 6059 (Text amendment Re: Housekeeping and
Heritage and parking in lieu in heritage areas and HA-1A zoning district)
(By-law No. 10928)

16. A By-law to amend Downtown Official Development Plan By-law No. 4912 (Downtown
Eastside Local Plan) (By-law No. 10929)

17. A By-law to amend Downtown Eastside Oppenheimer Official Development Plan By-law
No. 5532 (Downtown Eastside Local Area Plan) (By-law No. 10930)

18. A By-law to Amend Single Room Accommodation By-law No. 8733 regarding liveability,
affordability and maintenance of existing stock and housekeeping (Downtown Eastside
Local Area Plan) (By-law No. 10931)

19. A By-law to amend Zoning and Development By-law No. 3575 regarding micro dwelling
units and the Downtown Eastside Local Area Plan (By-law No. 10932)

MOTIONS

A. Administrative Motions

1. Closure and Sale of a Portion of Lane Adjacent to 8175 Cambie Street

SECONDED by Councillor Louie

THAT WHEREAS

1. The City of Vancouver is the owner of all the streets and lanes lying within the
limits of the City of Vancouver;

2. There is a proposal to redevelop:

a) [PID: 006-645-283] Lot A Block X District Lot 311 Plan 20305;

b) [PID: 010-043-233] Amended Lot 7 (See 264256L) of Lot X Blocks 1 and 2
District Lot 311 Plan 8548;


c) [PID: 010-042-636] Lot 11 of Lot X Blocks 1 and 2 District Lot 311 Plan 8548
(Lot 11); and

d) [PID: 006-190-626] Lot 12 of Lot X Blocks 1 and 2 District Lot 311 Plan 8548
(Lot 12);

collectively, the Rezoning Lots;

3. The owner of the Rezoning Lots has made application to purchase an abutting
402.7 square metre portion of lane;

4. The said portion of lane to be closed was dedicated by the deposit of Plan 8548
in 1951;

5. The said portion of lane to be closed is no longer required for municipal
purposes;

6. The said portion of lane to be closed will be conveyed to the abutting owner
and subdivided with the Rezoning Lots to dedicate road and lane to the City
and to form a single parcel.

THEREFORE BE IT RESOLVED THAT all that portion of lane adjacent to said Lot 11 and
said Lot 12, the same as shown in heavy outline on the Reference Plan prepared by
Jesse Morin, B.C.L.S., completed on the 23
rd
day of April, 2014, and numbered Plan
EPP40710, be closed, stopped-up and conveyed to the owner of the said Rezoning
Lots; and

BE IT FURTHER RESOLVED THAT the said portion of lane to be closed is to be
subdivided with the said Rezoning Lots to dedicate road and lane to the City and to
form a single parcel, as shown within the heavy bold outline on the Subdivision Plan
prepared by Jesse Morin, B.C.L.S., completed on the 23
rd
day of April, 2014, and
numbered Plan EPP40711, to the satisfaction of the Director of Legal Services and the
Approving Officer.

CARRIED UNANIMOUSLY

B. Motions on Notice

1. Creation of a New Nuisance By-Law

SECONDED by Councillor Tang

WHEREAS

1. In the City of Vancouver there are property owners whose properties generate
repeated calls to 911 for a response from emergency personnel;


2. In the City of Vancouver some properties are responsible for over 100 police
calls for service with a great majority of the calls for service related to noise
and neighbourhood disturbances;

3. The City of New Westminster through By-law No. 6926, 2004 regulates and
licences the letting of rooms for living purposes and prescribes standards for
the maintenance of residential property and rental units including sections
related to Repeat Nuisance Service Calls and Conditions of Licence;

4. The City of Vancouver has previously supported and funded a proactive
approach to property management through the implementation practices
recommended by the Crime Free Multi-Housing Program.

THEREFORE BE IT RESOLVED THAT the Vancouver City Council direct staff to
investigate the feasibility and advisability of a new nuisance by-law, in conjunction
with a Crime Free Multi-Housing Program, and report back to Council with options to
more effectively deal with problem properties that generate repeated calls for
service.

referred

The Mayor noted that a request to speak to this motion had been received.

SECONDED by Councillor Ball

THAT the motion be referred to the Standing Committee on Planning, Transportation
and Environment meeting to be held on Wednesday, April 30, 2014, in order to hear
from speakers.

CARRIED UNANIMOUSLY

2. Leave of Absence Councillor Stevenson

SECONDED by Councillor Tang

THAT Councillor Stevenson be granted Leaves of Absence for Civic Business from
meetings to be held on May 13 and June 25, 2014.

CARRIED UNANIMOUSLY


3. Plebiscite on Phasing Out Cetaceans in Captivity in Vancouver Aquarium

SECONDED by Councillor Affleck

WHEREAS

1. There is considerable scientific evidence that cetaceans (whales and dolphins)
are sentient beings with complex social relations that naturally are accustomed
to living in large habitats (belugas, for example, travelling 11 to 30 km per day
and deep diving up to 800 m) and that suffer distress and premature death in
captivity in aquarium pools;

2. Large and globally renowned aquariums, such as the Monterey Bay Aquarium,
the Maui Ocean Centre and the Sydney Sea Life Aquarium in Australia, are
financially successful without holding cetaceans captive;

3. The Vancouver Aquariums current $100 million expansion plans to
accommodate more dolphins and up to ten whales has prompted citizens
concerned about the ethics of keeping cetaceans in captivity and
contradictions with Vancouvers aim to become the worlds greenest city, to
call for a plebiscite on keeping whales and dolphins in the Vancouver
Aquarium;

4. The Park Board passed a motion November 27, 2006, to review in 2015 the
Parks Control By-law regarding captive cetaceans at the Aquarium in Stanley
Park;

5. The November 15, 2014, Civic Election offers an opportunity to survey the
opinion of electors through a non-binding plebiscite on the ballot - a
democratic process that can educate and engage the public as well as inform
and guide subsequent Park Board decisions;

6. Under the Vancouver Charter, City Council, not the Park Board, has the
authority to submit a plebiscite question to the electors;

7. Mayor Gregor Robertson has expressed the hope that the Aquarium and the
Park Board can work collaboratively and come to an agreement on how to
achieve phasing out the holding of whales and dolphins in captivity (the
Vancouver Sun April 9, 2014, CBC News April 10, 2014) but there is no
guarantee that this would occur prior to the November 15, 2014, Civic Election
or prior to the commencement of the 2015 Parks Control By-law Review or prior
to the start of construction of expanded whale and dolphin pools by the
Aquarium.


THEREFORE BE IT RESOLVED THAT unless, prior to the six week deadline for Council to
arrange a plebiscite question for the November 15, 2014, ballot, a decision has been
reached between the Vancouver Park Board and the Vancouver Aquarium to phase out
keeping cetaceans in captivity, Council will arrange a plebiscite question on phasing
out existing cetacean exhibits located in Vancouver on land leased by the Park Board.

referred

The Mayor noted that requests to speak to this motion had been received.

SECONDED by Councillor Affleck

THAT the motion be referred to the Standing Committee on Planning, Transportation
and Environment meeting to be held on Wednesday, April 30, 2014, in order to hear
from speakers.

CARRIED UNANIMOUSLY

NOTICE OF MOTION

1. Support for Open and Inclusive National Energy Board Hearings

Mayor Robertson submitted the following Notice of Motion. The motion will be placed on the
agenda of the Regular Council meeting to be held on May 13, 2014, as a Motion on Notice.

MOVER: Mayor Robertson
SECONDER: Councillor Reimer

WHEREAS

1. In September 2011, the Union of BC Municipalities, including Vancouver
Councillors, voted to request that the National Energy Board, Port Metro
Vancouver, and all appropriate federal Ministers ensure that any applications to
expand the amount of oil transported by pipeline or tanker in British Columbia
undergo meaningful public consultation, including direct engagement with
affected municipalities, regional authorities and British Columbia First Nations;

2. In February 2012, Vancouver City Council reiterated support for ample and
meaningful public consultation on what was at that time an anticipated
application from Kinder Morgan for an expanded pipeline/bitumen export
project and directed staff to provide ongoing monitoring of any proposals that
would expand the volume of fossil fuel exports;


3. In May 2012 a majority of Vancouver City Council supported the Mayor in
writing to Prime Minister Harper expressing the City of Vancouver's strenuous
opposition to any increase in oil tanker traffic, or measures that lead to
increased oil tanker traffic, as it poses an unacceptable and unmitigated risk to
Vancouver's economy and environment;

4. A research analysis prepared by staff for Vancouver City Council and presented
in December 2013 outlined the magnitude of risk from a seven-fold increase in
oil tanker traffic proposed by Kinder Morgan to Vancouvers residents,
businesses and environment;

5. The hearing process as it currently stands meets no test of meaningful
consultation; specifically, several hundred BC residents have been denied
access to the National Energy Board process and the hearing itself will
involve no oral arguments outside of an oral summary for intervenors;

6. The National Energy Board hearings for the Trans Mountain pipeline will not
allow oral cross-examination of the proponent or intervenors, with the one
exception of First Nations who, when presenting traditional evidence, can be
questioned by the proponent but not the reverse;

7. This process is significantly reduced from the recently concluded Northern
Gateway hearings, which allowed full public cross examinations;

8. A letter was sent from the City of Vancouver to the National Energy Board, in
support of intervenor Robyn Allans motion to amend the Hearing Order to
include oral cross-examination of all witnesses on their evidence by
intervenors, the National Energy Board, and Trans Mountain, if they choose do
so;

9. The Federal Government amended legislation in 2012 through Bill C-38 that
allows for them to give political direction to the National Energy Board.

THEREFORE BE IT RESOLVED THAT Vancouver City Council continue to aggressively use
all means available through the Citys status as an intervenor to have concerns related
to public participation addressed;

FURTHER THAT Council write to the Federal Government requesting that they direct
the National Energy Board to allow all applicants to speak, conduct oral hearings, and
allow for full cross-examination in the Trans Mountain pipeline hearings.

notice


NEW BUSINESS

1. Request for Leave of Absence Councillor Louie


THAT Councillor Louie be granted Leave of Absence for Civic Business from meetings
to be held on May 13, 14, and 15, 2014.

CARRIED UNANIMOUSLY

2. Request for Leave of Absence Mayor Robertson

MOVER: Councillor Jang
SECONDER: Councillor Deal

THAT Mayor Robertson be granted Leave of Absence for Civic Business from meetings
to be held on April 30, 2014.

CARRIED UNANIMOUSLY

3. Request for Leave of Absence Councillor Meggs


THAT Councillor Meggs be granted Leave of Absence for Civic Business from the
Regular Council Meeting on Tuesday, April 29, 2014.

CARRIED UNANIMOUSLY


4. National Zero Waste Council Invitation

Councillor Affleck declared a Conflict of Interest on this item as he represents a client in
their development of a plan for meeting the provincial Extended Producer Responsibilities
requirements. He therefore left the meeting at 11:30 am, and did not return until the
conclusion of the vote on the matter.

MOVED by Councillor Reimer
SECONDED by Councillor Louie

WHEREAS

1. The National Zero Waste Council (NZWC) was co-founded by Metro Vancouver
and the Federation of Canadian Municipalities, and aims to unite efforts in
waste prevention and drive a fundamental shift in our relationship with waste;

2. Council membership will offer a number of benefits. These include staying at
the leading edge of change, learning and information sharing, advocacy, and
network development;

3. There is currently no fee attached to membership;

4. The NZWC goals are consistent with the City of Vancouvers Greenest City 2020
Action Plan.

THEREFORE IT BE RESOLVED

A. THAT the City of Vancouver accepts the invitation to become a member of the
National Zero Waste Council in support of national waste prevention in Canada.

B. THAT the City of Vancouver supports the National Zero Waste Council strategic
directions as articulated in their letter of March 21st, 2014, namely:
Catalyzing change in the design of products and packaging to allow them to
be more easily reused, recovered and recycled; and
Catalyzing behavior change amongst all stakeholders and sectors of society,
with the goal of reducing the amount of waste entering the waste stream.

CARRIED UNANIMOUSLY
(Councillor Affleck absent for the vote)

* * * * *
Councillor Affleck returned to the meeting at 11:35 am.

* * * * *


ENQUIRIES AND OTHER MATTERS

1. Southeast Vancouver Seniors Centre Funding

Councillor Louie noted the recent announcement by the Provincial Government regarding an
additional commitment of funds towards the completion of a seniors centre in Southeast
Vancouver, and asked the City Manager for an update on the progress of funding
commitments from other levels of government and how it relates to the expedited
development of this new facility. The City Manager provided an overview on progress to date
with regard to the funding commitment agreements and the development design process,
including public consultation.

Councillor Louie also requested a letter be sent from the Mayor on behalf of Council to
Minister Suzanne Anton thanking the Province for their contribution.

ADJOURNMENT

SECONDED by Councillor Stevenson

THAT the meeting be adjourned.

CARRIED UNANIMOUSLY
(Councillor Jang absent for the vote)

The Council adjourned at noon.

* * * * *

JUN132014c
This is the I't affrdavit of TREVOR
JOHN MCEACHRAN in this case and
was made on June 12,2014
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PETITIONERS
AND:
GEOF'FREY MEGGS and tr(ERRY JAi\G
RESPONDENTS
AF'T'IDAYIT
[Rule
22-2 applies to
ffidavits
and Rule 22-3 applies to all
forms.l
I, TREVOR JOHN MCEACHRAN, of 317 EAST PENDER STREET, VANCOWE&
BRITISH COLUMBIA, V6A 1VI, MAKE OATH (OR SOLEMNLYAFFIRM) AND SAY
T}IAT:
I am one of the Petitioners in this matter and have personal knowledge of the
facts and matters in this case and I verily believe them to be true.
I am a Canadian Citizenand my primary residence is located in the City of
Vancouver.
l.
2.
t1l
3. I have lived in the City of Vancouver for approximately 7 years.
swoRN (oRAFFTRMED) BEFORE ME
at the City of Vancouver, in the Province of
British Columbi4 onJune 12,2014
121
JUNI32Ol4C
This is the I't affidavit of JAK
ROBERTS KING in this case and was
made on June 13,2014
N" Q;!4601 $
Vancouver Registry
fln
tltt
$ufuems
ouut of Suiti.sb olumhls
BETWEEN:
ERIK WARREN WIIITEWAY, JAK ROBERTS KTNG, WILLIAM ABRAHAM
FOOK WAH LIM, NATHAN OLTVER CROMPTON, TREVOR JOHN
MCEACHRAN, GRANT MUNRO FRASER,IIENDRIKUS MARINUS BEUNE,
WILLIAM RIDER COOEY, JAMES GERRARD MCLEAI\, DEANI WILLIAM
MATTATALL, ISABEL FERGUSON MINTY
PETITIONERS
AND:
GEOFFREY MEGGS and KERRY JAIIG
RESPONDENTS
ATFIDAVIT
[Rule
22-2 applies to
ffidwits
forms.J
I, JAK ROBERIS KING, of 202-1837 ADANAC STREET. VAIICOUVER, BRITISH
COLUMBIA" V 5L 2El, MAKE OATH (OR SOLEMNLY AFFIRM) AND SAY THA[:
1. I am one of the Petitioners in this matter and have personal knowledge of the
Vancouver.
t1I
2.
3. I have lived in the City of Vancouve, fo, ou.r&r*r.
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A Commissioner for Taking
Affidavits for British Columbia
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JUN1320Uc
This isthe I't affidavit of WILLIAM
ABRAHAM FOOK WAH LIM in this
case and was made on June l2,2}l4
S:.X4+6t
5
No.
Vancouver Registry
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PETITIONERS
AND:
GEOFFREY MEGGS and I(ERRY JAIIG
RESPONDENTS
AX'FIDAVIT
[fule
22-2 applies to
ffidavits
and ktle 22-3 applies to all
forms.l
I, WLLIAMABRAHAM FOOK WAH LIM, of 2486 YENABLES STREET,
VANCOWER, BRITISH COLUMBIA, V5K 1P9, MAKE OATI{ (OR SOLEMNLY
AFFIRM) AND SAY THAI:
I am a Canadian Citizen and my primary residence is located in the City of
t1l
1.
Vancouver.
swoRN (oRAFFIRMED) BEFORE ME
British Columbia, on June 12.2014
121
JUNr320t4C
This is the I't affidavit of
ISABEL FERGUSON MINTY in this
case and was made on June 12,2014
S:.1 44615
Vancouver Registry
AND:
1.
I1I
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GEOFTREY MEGGS and I(ERRY JAI\G
RESPONDENTS
AFFIDAVIT
[Rule
22-2 applies to affidavits and Rule 22-3 applies to all
forms.J
I, ISABEL FERGUSON MINTY, of 1920 WEST STTHAVENUE, VANCOUVER,
BRITISH COLUMBIA, V6P 1T8, MAKE OATH (OR SOLEMNLYAFFIRM) AND SAY
THAI:
Iama Canadian Citizenand my primary residence is located in the City of
Vancouver.
3. I have lived in the City of Vancouver for over 80 years.
swoRN (oR AFFTRMED) BEFORE ME
British Columbia on June 12,2014
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This is the l't affrdavit ofNAIFIAN
OLIVER CROMPTON in this case and
S=.1 44615
Vancouver Registry
No.
7n
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PETITIONERS
AND:
GEOFFREY MEGGS and tr(ERRY JANG
RESPONDENTS
AX'T'IDAVIT
[Rule
22-2 applies to
ffidavits
forms.J
I, NAIHAN OLIVER CROMPTON, of 308-25 EAST I2THAVENLJE, VANCOUVE&
BRITISH COLI.JMBIA, V5T 2G6, MAKE OATH (OR SOLEMNLYAFFIRM) AND SAY
TTIAI:
Vancouver.
1.
2.
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British Columbi4 on June 12,2014
for Thking
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for British Columbia
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This is the I't affidavit of WILLIAM
RIDER COOEY in this case and was
made on June 12,2014
S:1446,J
Vancouver Registry
AND:
PETITIONERS
RESPONDENTS
l.
2.
JUN1320Uc
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GEOFX'REY MEGGS and I(ERRY JANG
AFFIDAVIT
[Rule
22-2 applies to
ffidavits
forms.J
I, MLLIAM RIDER COOEY, OF 8OO GREENCIIAIN, VANCOUVE& BRITISH
COLUMBIA,V5Z3Z7, MAKE OATH (OR SOLEMNLYAFFIRM) AND SAYTIIAI:
Vancouver.
t1l
at the City of Vancouver, inthe hovince of
British Columbia, on June 12,20L4
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JUNt32014c
This is the I't affidavit of
FIENDRIKUS MARTNUS BEUNE in
this case and was made on June 12,2014
S:
it*&61
No....
;;;;;;;;,6;,"
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ERIKWARRENWHITEWAY, :yAK
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PETITIONERS
AND:
GEOFIREY MEGGS and KERRY JAIIG
RESPONDENTS
AF'FIDAVIT
[Rule
22-2 applies to affidnits and Rule 22-j applies to all
.forms.l
I, HENDRIKUS MARINUS BEUNE, of 924-l3l WESTHASTINGS STREET,
VANCOWE& BRITISH COLUMBIA, V6B 0G9, MAKE OATH (OR SOLEMNLY
AFFIRM) AND SAYTHAT:
Vancouver.
1.
l1I
swoN_{ (oRAFFTRMED) BEFORE ME
British Columbi4 on June 12,2014
ts for British Columbia
\e
lle f Lo*r Lr
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ir"t'Zi5"l
s.ii"{y
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H.o*lcv
A,.r<
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JUN132014c
This is the I't aflidavit of JAMES
GERRARD MCLEAN in this case and
S: t 4 4 O t 5
Vancouver Registry
No.
AND:
t11
flu
tllt
$uprems
@ourt of Suitisb otumhis
BETWEEN:
ERIKWARRENWIIITEWAY,
7A
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I NrY
PETITIONERS
GEOFFREY MEGGS and I(ERRY JAI\G
RESPONDENTS
AFFIDAVIT
[Rule
22-2 applies to
ffidavits
forms.J
I, JAMES GERRARD MCLEAN, of 30f-310ALEXANDER STREET, Vancouver, British
Columbia, V6A 1C4, MAKE OATH (OR SOLEMNLYAFFIRM) AND SAY THAI:
1. I am one of the Petitioners in this matter and have personal knowledge of the
2. I am a Canadian Citizen and my primary residence is located in the City of
Vancouver.
3. I have lived in the City of Vancouver for approximately
4 years.
r
I
i
swoRN (oRAFFTRMED)
BEFORE ME
British Columbia, on June 12,2014
t2l
-*Affidavits
for British Columbia
\>îP\J< 5
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This is the l't affidavit of DEAN
WILLIAM MAITAIALL in this case
and was made on June 12,2014
S:
I446t
S
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i;;r;;;
JUNt32014c
7n
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BETWEEN:
nnrxm.nnrN wHrTEwAY,
5AF
.NDAF'OTs Lt
x',e.! va l t1
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gE,,f'J'
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ffitf^t
l*er,W;,iHffi,')"-*
Drr' De'&ru 6tt
ut-t'4aa
PETITIONERS
AND:
GEOFX'REY MEGGS and I(ERRY JAIIG
RESPONDENTS
AFFIDAYIT
[Rule
22-2 applies to
ffidovits
and ktle 22-3 applies to all
forms.l
I, DEAN WILLIAM I\4A[TAIALL, of 210-134 POWELL STREET, VANCOWE&
BRITTSH COLIJMBIA, V6A lcl, MAKE OATI{ (OR SOLEMNLYAFFIRM) AND SAY
THAI:
facts and matters'in this case and I verily believe them to be true.
Vancouver.
1.
t1I
3- I have lived in the city of vancouver for approximately
56 years.
swoRN (oRAFFTRI\4ED)
BEFORE ME
j
at the City ofVancouver, in the
province
of
)
British Columbia, on June l2,2}t4
)
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JUNl320Uc
This is the l't affrdavit of
GRANT MUNRO FRASER in this
case and was made on June 12,2014
S:
I l+ t+Al
No. ..............
Vancouver Reglstry
AND:
1.
t1l
ln
tW
$upuems
ouut of
Suiti.sb @oturnbis
BETWEEN:
ERIK WARREN WHITEWAY,
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cfu.,y'/rbN,
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s eglne.g
M.c.-A-t,
"gANr
*NrLLtA/^ MAf,TFrT}tr r
e*BnL
fr?,..rsuv $,frrr!i
PETITIONERS
GEOFFREY MEGGS and I(ERRY JAIYG
RESPONDENTS
AFf,IDAVIT
[Ruie
22-2 applies to
ffidnits
and ktle 22-j applies to all
forms.l
I, GRANT MUNRO FRASER, of 2378 GARDEN DRM, U a61Vr& BRITISH
coLuMBIAe VsN 4X3, MAKE OATT{ (OR SOLEMNLY AFFIRM) AND SAY THA[:
Vancouver.
3.
.
I have lived in the City ofVancouver for approximately 5 years.
swoRN (oRAFFIRMED) BEFORE ME
at the City of Vancouver, in the hovince of
British Columbia, on June 12,2014--
-".7***1>
forBritish Columbia
GRANT MUNRO FRASER
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Whiteway Et Al V Meggs, Jang Affidavits

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