P5 POLICY REPORT DEVELOPMENT AND BUILDING Report Date: June 5, 2012 Contact: Kevin McNaney Contact No.: 604.871.6851 RTS No.: 09599 VanRIMS No.: 08-2000-20 Meeting Date: June 12, 2012 TO: Vancouver City Council FROM: Director of Planning SUBJECT: CD-1 Rezoning: 800 Griffiths Way (Rogers Arena) RECOMMENDATION A. THAT the application, by Walter Francl Architecture, on behalf of Aquilini Development and Construction Inc. to amend CD-1 (311) By-Law No. 7201 for 800 Griffiths Way (PID 018-500-374 Lot 221, Plan LMP 12038 (the “Rezoning Site”), to permit a mixed-use development with 37,319 m2 (401,698 sq. ft.) of residential floor area, 25,624 m2 (275,814 sq. ft.) of commercial floor area, and 37,735 m2 (406,176 sq. ft.) of arena floor area be referred to a Public Hearing, together with: (i) plans received April 13, 2012; (ii) draft CD-1 By-law provisions, generally as presented in Appendix A; and (iii) the recommendation of the Director of Planning to approve, subject to conditions contained in Appendix B; FURTHER THAT the Director of Legal Services be instructed to prepare the necessary CD-1 By-law, generally in accordance with Appendix A, for consideration at Public Hearing. B. THAT, if the application is referred to a Public Hearing, the application to amend the False Creek North Official Development Plan, By-law No. 6650, be referred to the same Public Hearing. FURTHER THAT the Director of Legal Services be instructed to prepare the necessary By-law, generally in accordance with Appendix C, for consideration at Public Hearing CD-1 Rezoning: 800 Griffiths Way (Rogers Arena) – RTS 9599 2 C. THAT, if the application is referred to a Public Hearing, the application to amend Schedule H of the Sign By-law, generally as set out in Appendix C, be referred to the same Public Hearing; FURTHER THAT the Director of Legal Services be instructed to prepare the necessary By-law generally as set out in Appendix C for consideration at the Public Hearing. D. THAT, subject to enactment of the rezoning by-law, the Noise Control By-law be amended to include this CD-1 in Schedule G, generally as set out in Appendix C; FURTHER THAT the Director of Legal Services be instructed to bring forward the amendment to the Noise Control By-law at the time of enactment of the CD-1 By-law. E. THAT, subject to enactment of the CD-1 By-law, the Parking By-law be amended to include this CD-1 and to provide parking regulations generally as set out in Appendix C; FURTHER THAT the Director of Legal Services be instructed to bring forward the necessary amendments to the Parking By-law at the time of enactment of the CD-1 By-law. F. THAT Council approve in principle a Housing Agreement pursuant to section 565.2 of the Vancouver Charter securing 614 residential units (with a total area of 37,919 m2) as rental for the life of the building or 60 years, whichever is longer, including a no separate sales and a no stratification covenant and such other terms and conditions as the Director of Legal Services may require in respect of such units, to the satisfaction of the Director of Legal Services and Managing Director of Social Development; and THAT the Director of Legal Services be instructed to bring forward a by-law to authorize such Housing Agreement, and after by-law enactment, to execute and register the Housing Agreement; G. THAT Recommendations A through F 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 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. CD-1 Rezoning: 800 Griffiths Way (Rogers Arena) – RTS 9599 3 REPORT SUMMARY This report evaluates an application to amend the existing CD-1 bylaw for 800 Griffiths Way, the location of Rogers Arena (the “Rezoning Site”). The proposed rezoning would allow for three towers with an additional 215,000 square feet of job space and 614 market rental units. The proposal is generally consistent with the Northeast False Creek Directions for the Future, as well as Council housing priorities for the creation of purpose-built market rental housing, which contributes to the City’s affordable housing goals identified in the Housing and Homelessness Strategy. Staff has concluded that the application is an acceptable urban design response to the site and context, subject to the design development and other conditions outlined in Appendix B. COUNCIL AUTHORITY/PREVIOUS DECISIONS Housing and Homelessness Strategy (2011) Green Building Policy for Rezonings (2009) Northeast False Creek Directions for the Future (2009) Metro Core Jobs and Economy Land Use Plan: Issues and Directions (2007) View Protection Guidelines (1990) False Creek North Official Development Plan (1990) Vancouver Noise Control Bylaw (1989) CITY MANAGER'S/GENERAL MANAGER'S COMMENTS The proposal for 614 rental units aligns with the emerging directions from the Mayor’s Task Force on Housing affordability, which will be reporting back on how we can further enhance the inventory of different forms of housing for modest income families and individuals in our City. The proposal also aligns with the emerging directions on the Viaducts strategy. The Deputy City Manager recommends APPROVAL of the foregoing. REPORT Background/Context 1. Site and Context Rogers Arena (formerly GM Place) is the subject of this rezoning proposal. The proposal utilizes residual spaces adjacent to the arena. North of the site are high density residential towers, and the Stadium/Chinatown SkyTrain station. South of the site is vacant land and the Plaza of Nations, west of the site is BC Place, and east of the site is vacant land. The Georgia and Dunsmuir viaducts, as well as the SkyTrain guideway transverse the site. CD-1 Rezoning: 800 Griffiths Way (Rogers Arena) – RTS 9599 4 Figure 1 – Site and Context The map below shows the various present and future development parcels in Northeast False Creek. Figure 2 – Northeast False Creek Development Parcels CD-1 Rezoning: 800 Griffiths Way (Rogers Arena) – RTS 9599 5 The site was rezoned in 1993 to accommodate a 20,000 seat arena, a 22-storey office tower, a training/fitness centre, a media centre, commercial use on Abbott Street, and a restaurant. The arena construction was completed in 1996. A development permit for the west office tower was issued in 2011; it is currently under construction. The proposed rezoning is for three towers. The west and east towers would be integrated into the existing arena, with the south tower constructed south of the Georgia Viaduct, adjacent to Pacific Boulevard. The west tower under construction would be converted from a purely office building to a mixed-use office/residential building. The proposed east tower would be a mixed-use office/residential building as well, with the south tower proposed to be a fully residential building. Two plaza spaces are provided for “crush space” for pedestrians before and after events at Rogers Arena and in the area: the north plaza receives the largest number of pedestrians pre and post events and is across the street from the SkyTrain station, with the south plaza providing space for pedestrians walking from the Canada Line or from the Seawall. Figure 3 – Proposed Rezoning Site Plan 2. Background When the original proposal was submitted in October 2010, a fourth tower on the plaza situated to the north of Rogers Arena above the SkyTrain guideway was included in the proposal. This portion of the plaza is part of the Rogers Arena site and TransLink has been granted a right-of-way over it for the SkyTrain guideway. The fourth tower is not supported by staff and was removed from the rezoning application in January 2011. Staff’s non-support for a tower over the north plaza is based on the following reasons: CD-1 Rezoning: 800 Griffiths Way (Rogers Arena) – RTS 9599 6 a. Size and Utility of Existing Plaza –The North Plaza is the second busiest entrance/exit point for the arena, with over 5,700 patrons utilizing the entryway before and after events. The plaza also plays an important role in the management of large volumes of SkyTrain riders during event times, especially at the end of an event when large crowds are queuing for the SkyTrain. The applicant has advised that the north plaza is also used extensively for plaza parties prior to playoff games, media broadcasts before games and concerts, and as a meeting and gathering area. Even with a small footprint similar to the proposed south tower, a tower located on the north plaza would compromise both the amount and functionality of this important open space. b. Balance Population and Open Space – When the Northeast False Creek: Directions for the Future were endorsed, Council expressed considerable concern about the balance between population and open space and asked staff to look creatively for ways to increase the provision of open space.