​1/16/18:  1296 W Broadway rezoning to CD-1 approved in principle, subject to conditions being met.

2/18:  Jameson submits MIRHPP Pre-Application Enquiry. (Submission docs dated Feb 1, 2018)

3/19/18:  Letters sent to MIRHPP candidates, Jameson’s application for 1296 W Broadway was rejected “based on the status of the Broadway Corridor planning program and the potential impact of rezoning,” (email Graham Anderson to Edna Cho, 5/16/18) and “concerns around the Broadway Corridor Planning and land speculation” (MIRHPP presentation to Council 4/20/18). In the letter, Staff advised “…that if you decide to proceed with the approved secured rental application consideration for structural reinforcement should be given to facilitate additional height in the future.” (email Edna Cho to Karis Hiebert & Others, 5/15/18)

4/20/18: MIRHPP Report to Council “C3A Proposals:  Some good proposals, big projects that score favourably, but raise concerns around Broadway Corridor Planning and land speculation”

4/27/18:  Steve Brown Policy Report to Council Millenium Line Broadway Extension of Skytrain – Municipal Requirements “as well as current or future planning programs such as Broadway Corridor Planning.”  “A Terms of Reference for the Broadway Corridor Plan process is expected mid-2018 for Council’s consideration.”

5/14/18:  Edna Cho writes to Holly Sovdi, Karis Hiebert “The Denny’s site still keeps coming up…we may need to consider finding a way to put a gate around it.”

5/15/18:  Edna Cho to Karis Hiebert, others “We also provided the following advice in the response letter to leave possibilities open in the future: Staff note that if you decide to proceed with the approved secured rental application consideration for structural reinforcement should be given to facilitate additional height in the future.  We did get some push back. At a recent Housing Leadership Meeting – the City Manager asked about the interim rezoning policy and whether any sited that had proposed MIRHPP would be considered.  We had a similar question from Cllr. Louie…”

5/15/18:  Karis Hiebert replies to Edna Cho, Holly Sovdi “They should be fine under this interim rezoning policy if they get a written response in the next few weeks.”  “I’ll follow up with Jason and Kari…anticipating some potential for additional height around Granville as an outcome of future planning.”

5/15/18: Zachary Bennet replies to Jason Olienk, Karis Hiebert “The Dennys site at 1296 W Broadway came forward with early interest under the MIRHPP program.  They were advised to wait for the upcoming Broadway corridor work however, and not included on the shortlist of 20 to proceed to rezoning enquiry stage.”

5/16/18:  Transportation Report to Council “Staff are targeting June 19, 2018 to report back on a Broadway land use, transportation and utilities planning program.”

5/23/18:  Anderson Graham to Edna Cho “First draft of the response letter re the Denny’s site for review.”

5/24/18:  Dan Garrison writes Kevin McNaney, Holly Sovdi, Karis Hiebert “Graham drafted a letter based on the previous MIRHPP response letters. The idea here is that if we send this letter, we would not have to amend the Interim Rezoning Policy to enable this site to proceed during the Broadway Corridor Planning. We could go ahead as it is an application that has received a positive response to an inquiry.”

5/24/18:  Dan Garrison replies to Edna Cho regarding letter for Jameson “I’m pretty sure Holly is supportive (he told me today he thinks 26 storeys might be leaving density on the table!)…”

5/29/18:  Holly Sovdi replies to Dan Garrison & Others, “If we send the letter supporting the inquiry before June 20th, they can proceed based on the draft Interim rezoning Policy that will be considered part of the Broadway Plan Terms of Reference.”

6/5/18:  Graham Anderson writes to Karen Hoese & Others “Attached is the response letter regarding the MIRHPP proposal for the Denny’s site. The proponent (Jameson) is being invited to submit an enquiry now that the Broadway work has proceeded and MIRHPP program capacity has become available.”

6/6/18:  Kevin McNaney Policy Report Broadway Planning Program and Associated Interim Policies “The City’s established practice is to limit the types of new rezoning applications which will be considered during a significant planning process so as not to pre-empt or divert the planning program with rezonings which seek to set new directions or preclude options in a neighbourhood. Staff recommend that this practice be continued.”

6/11/18:  Anderson Graham writes to Karen Hoese, Dan Garrison & Others “Attached are letters we’ve prepared to go out to waitlisted MIRHPP applicants.  Given the time sensitivities, especially related to the Broadway Corridor work, we’re hoping to have sign off to get these out tomorrow.” The email shows 1296 West Broadway as an “Invites to Proceed”

6/12/18:  Dan Garrison writes to Jameson Development regarding its MIRHPP Pre-Application for this property, inviting them to proceed to a Rezoning Enquiry based on the progress made on “the work program for Broadway Corridor planning.” 

6/20/18:  Council approves Broadway Planning Program and Interim Policies

7/4/18:  Tom Pappajohn calls Sadhu Johnston.

9/4/18:  Lisa King writes Holly Sovdi, Michelle Lee-Hunt “I am working on a rezoning enquiry under Moderate Income Rental Pilot Program at 1296 W Broadway (Denny’s site). I understand that there were previous discussions with Kevin and Dan Garrison that the project would come in under Policy 1 in the Interim Rezoning policy for Broadway: “Where, at the time of adoption of this rezoning policy, there is an active rezoning application or where a recent application for rezoning advice has been received, and the applicant has received a written response stating that a rezoning application would be considered (within the past three years), the application will be considered.”  Are there any updates regarding the Broadway Corridor planning that are relevant to this site that I should mention?

9/4/18:  Holly Sovdi replies to Lisa King “You’ve got it. Nothing yet from the Broadway Plan process to update on. We intend to launch the process Jan 2019, finish up with the plan by the end of 2020. We had drafted a letter to these guys just before the Interim Rezoning Policy was adopted to ensure they could proceed with a rezoning app concurrent to the Broadway Plan process.”  

10/2/18:  Lisa King writes to Tom Pappajohn, responding to Rezoning Enquiry writes that “it is anticipated that the Broadway planning process will provide further direction on height and density for this area.” 

1/24/19:  Brian Lightfoot writes to Tom Pappajohn and others “Further to your recent conversation with Brian Sears, please find attached the City’s revised version of your proforma indicating the potentially far greater land lift that could be achievable from this proposed rezoning which would suggest a potential capacity to increase the provision of MIRHPP units.”

6/6/19:  Holly Sovdi writes to Zane Hill, “…can you provide Sarah with a Broadway Plan overview board that she can use for a RZ open house on June 27th?”

6/6/19:  Sarah Crowley writes to Zane Hill, “Is there any way that board 3 & 4 could be modified a little to fit the circumstances of this rezoning application?  We are getting some questions from members of the public asking us how we could accept a rezoning application while the Broadway Cooridor work is currently being undertaken.  The key message on this rezoning application is that the Interim Rezoning Policy doesn’t apply to this site as acceptance into the MIRHPP pilot predates this.”

6/14/19:  Sarah Crowley writes to Zane Hill, “What would also be really useful for us in advance of the Open House is if we could amend the wording a little on the Overview board to make reference that this particular rezoning adheres to Policy 1 of the IRP.  Do you think we could get the Overview board updated to make it site specific to 2538 Birch Street…?”

6/17/19:  Zane Hill writes to Sarah Crowley, “We have attached the Broadway Plan boards to include at the open house.  We’ve updated the language around the Interim Rezoning Policy…”  It’s Important that these Broadway Plan boards look and feel very separate to the rezoning boards at the open house and are not connected to the rezoning application.  We intentionally haven’t included a connection to this site or application…”

6/21/19:  Kirsten Langan (Civic Engagement and Communications) to Graham Anderson, Yardley McNeill, “We will need to ensure all staff have the correct answer on why we are allowing exceptions to rezonings on Broadway for MIRHPP.”

6/23/19:  Yardley McNeill to Kirsten Langan, “We will firm up our response at the pre-open house staff meeting at noon on Tuesday.  As background to this question on pre-empting process, its useful to note the following points: The metro-core land use policy in this area provided staff with the opportunity to consider higher building forms; Transit oriented development is a goal of the Broadway Corridor study and will likely result in higher building forms around transit stations.  For the Birch/Broadway site, the proximity to the future transit station bolsters the consideration of a higher building form than the 17-storeys approved by Council for this site through the earlier R-100 rezoning.”

1. The metro-core land use policy does not provide staff with the opportunity to consider higher residential buildings, only “buildings which deliver additional job space in employment areas across the study area”.

6/24/19:  Jessie Singer to Edna Cho, “Prior to this policy (IRP) being approved, staff had provided a written response to the applicant regarding 2538 Birch Street stating that the rezoning application under the Moderate Income Rental Housing Pilot Program (MIRHPP) could be considered. As such, the rezoning application for this site can be considered concurrent to the Broadway Plan process through the MIRHPP.”

6/26/19:  Using a reply drafted by Holly Sovdi, Gil Kelley responds to an inquiry from Colleen Hardwick, “Prior to the policy being approved, staff had provided a written response to the applicant regarding 2538 Birch Street stating that the rezoning application under the Moderate Income Rental Housing Pilot Program (MIRHPP) could be considered initially on March 19, 2018 and then again on June 12, 2018. As such, the rezoning application for this site can be considered concurrent to the Broadway Plan process through the MIRHPP.”

6/26/19:  Colleen Hardwick responds to Gil Kelley, “Were staff responding to the applicant’s MIRHPP entry application regarding 2538 Birch Street? I am confused by the timeline, sequence of events, and applicability to the relevant policy.”

6/26/19:  Kevin McNaney writes, “Not sure that I understand the confusion.  We provided a written response of the support for considering the application prior to the Interim Rezoning Policy for Broadway Plan being adopted by Council.  Therefore, it is considered to be an in-stream application and can proceed ahead of the Plan.

6/28/19:  Theresa O’Donnell to Gil Kelley, “The letters regarding 1296 W Broadway provided written confirmation that the proposal was selected to participate in the pilot program and conditional confirmation that a future rezoning application could be considered…”  “The letters inviting the property owner to participate in the pilot program predated Council’s approval on June 20th of the Broadway Planning Program Terms of Reference and the Interim Rezoning Policies.”

1. There is only one letter predating Council’s approval of the Broadway Plan, that invited the property owner to participate in MIRHPP, and it is dated June 12th, 2018.  The letter does not say anything about “conditional confirmation that a future rezoning application could be considered…”.  In fact, it uses extensive, clear language indicating that the letter is NOT intended to indicate any support for the rezoning application. 

10/2/19:  During the Broadway Plan Report to Council, John Grottenberg says that “In terms of heights, densities & forms of new development, in the study area, at this point, Staff are not in a position to recommend specific forms of development.”