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CITY OF VANCOUVER
SPECIAL COUNCIL MEETING MINUTES
JULY 25, 26 and 27, 2000
A Special Meeting of the Council of the City of Vancouver was held on Tuesday, July 25, 2000, at 7:30 p.m., in the Council Chamber, Third Floor, City Hall, for the purpose of holding a Public Hearing to consider Heritage Revitalization Agreements and proposed amendments to the Heritage and Zoning and Development By-laws and the False Creek North Official Development Plan. Subsequently the meeting was recessed, and reconvened in the Council Chamber, at 7:30 on Wednesday, July 26 and Thursday, July 27, 2000, with the same members present. Minutes have been consolidated for ease of reference.
PRESENT: Mayor Philip Owen
Councillor Fred Bass
Councillor Lynne Kennedy
Councillor Daniel Lee
Councillor Don Lee
Councillor Tim Louis
Councillor McCormick
Councillor Gordon Price
Councillor George Puil
Councillor Sam Sullivan
ABSENT: Councillor Jennifer Clarke (Leave of Absence)
CITY CLERK'S Denise Salmon, Meeting
Coordinator (July 25)
OFFICE: Tarja Tuominen, Meeting Coordinator
(July 26 and 27)
COMMITTEE OF THE WHOLE
MOVED by Cllr. Don Lee,
SECONDED by Cllr. Kennedy,
THAT this Council resolve itself into Committee of the Whole, Mayor Owen in the Chair, to consider Heritage Revitalization Agreements and proposed amendments to the Heritage and Zoning and Development By-laws and the False Creek North Official Development Plan.
- CARRIED UNANIMOUSLY
1. Designation and Heritage Revitalization Agreement:
656-664 East Georgia Street
An application by Joanne Rankin was considered as follows:
Summary: Designation and Heritage Revitalization Agreement to rehabilitate and protect two 1892 houses; construct a rear infill dwelling; and vary zoning provisions including the maximum permitted floor space.
The Director of Current Planning recommended approval.
Staff Comments
Gerry McGeough, Heritage Planner, advised he was available to answer questions.
Applicant Comments
Joanne Rankin, the applicant, advised she had no comments to add and was available to answer questions.
Summary of Correspondence
There was no correspondence received on this application since the date it was referred to Public Hearing.
Speakers
Mayor Owen called for speakers for and against the application and none were present.
MOVED by Cllr. Don Lee,
A. THAT Council authorize the City to enter into a Heritage Revitalization Agreement for the site at 656 - 664 East Georgia Street to:
secure the rehabilitation of the two 1892
houses;
vary the Vancouver Development Cost Levy from $
26.91 to $ 0.11 per mū ($2.50 to 0.01 per sq. ft.); and
vary provisions of the RT-3 District Schedule of
the Zoning and Development By-law to permit a floor space ratio increase from the
conditionally permitted 0.95 to 1.05 and other variances as indicated under Development
Application DE404907.
B. THAT the heritage building at 664 East Georgia Street, listed in the "B" category on the Vancouver Heritage Register, be designated as Protected Heritage Property.
C. THAT Council instruct the Director of Legal Service to prepare a registered agreement to secure prompt rehabilitation of the two houses.
D. THAT Council instruct the Director of Legal Services to bring forward for enactment a by-law to authorize the Heritage Revitalization Agreement and a by-law to designate the heritage building.
- CARRIED UNANIMOUSLY
2. Designation and Heritage Revitalization Agreement: 211 Columbia Street
An application by Cypra Developments, was considered as follows:
Summary: Designation and Heritage Revitalization Agreement to rehabilitate and protect the heritage building and to authorize transferable bonus density.
The Director of Current Planning recommended approval.
Staff Comments
Jeannette Hlavach, Heritage Planner, provided a brief overview of the application and noted this was the first Heritage Revitalization Agreement in Gastown. She advised the building would be used for office purposes.
Applicant Comments
Simon Bonettemaker and Terry Pajen, on behalf of Cypra Developments, the applicant, advised they had no comments to add and were available to answer questions.
Summary of Correspondence
Council was advised the following correspondence was received since the date the
application was referred to Public Hearing:
one letter in opposition
Speakers
Mayor Owen called for speakers for and against the application.
Robert Renger raised a number of questions and sought clarification from staff regarding details on the property at 211 Columbia, density grants in Gastown, and overall density transfer policies.
The Mayor called for further speakers and none came forward.
Staff Closing Comments
Larry Beasley, Director of Current Planning, and Jeannette Hlavach, Heritage Planner, responded to questions raised by Mr. Renger. Ms. Hlavach noted preservation of the building was the primary public objective, and it is hoped density bonusing can be used as an incentive tool to upgrade other buildings in Gastown.
MOVED by Cllr. Sullivan,
A. THAT Council authorize the City to enter into a Heritage Revitalization Agreement to secure the conservation and rehabilitation of the heritage building at 211 Columbia Street and to supplement Development Application DE404014, and the HA-2 zoning, by granting a density bonus of 3,456 mū (37,200 sq. ft.) which can only be used when transferred to other sites;
AND THAT Council require a covenant providing that the density bonus may not be transferred until the rehabilitation is complete unless the owners secure completion of the rehabilitation by a separate agreement;
AND THAT Council require a covenant to safeguard the building until it is rehabilitated;
AND THAT the agreements shall be prepared, registered and given priority to the satisfaction of the Directors of Planning and Legal Services.
B. THAT Council amend Schedule A of the Heritage By-law to designate the building at 211 Columbia as protected heritage property.
C. THAT the Director of Legal Services bring forth the by-laws to authorize the Heritage Revitalization Agreement and amend the Heritage By-law.
- CARRIED UNANIMOUSLY
3. Designation and Heritage Revitalization Agreement: 3338 Granville Street
An application by W.T. Leung, Architects (People's Republic of China, Consul General) was considered as follows:
Summary: Designation and Heritage Revitalization Agreement to permit office use for Chinese consulate.
The Director of Current Planning recommended approval.
Staff Comments
Yardley McNeill, Heritage Planner, provided a brief overview of the application and advised she was available to answer questions.
Applicant Comments
Wing Leung, Architect, on behalf of the applicant, described the project with the aid of a model and rendering. He advised support for this project had been received from both the Vancouver Heritage Commission and the First Shaughnessy Panel. He further advised all prior to conditions for development permit approval can be met.
A Council member requested a report back regarding accident information details related to the Granville Street entry to the consulate.
Summary of Correspondence
There was no correspondence received on this application since the date it was referred to Public Hearing.
Speakers
Mayor Owen called for speakers for and against the application.
The following delegations spoke in favour of the application, and their comments are summarized below:
Mason Loh
Tong Yuet, Chairman, Vancouver Chinatown Merchant
Association and
President, Chinese Entrepreneur Society of Canada
Yong Chen
Jianming Lu
Mingchao Chang (with aid of interpreter)
Shen Xia
the architect did an excellent job designing
the building to make it compatible with the character of the neighbourhood;
expansion to the consulate is required to
accommodate the ever-increasing number of people seeking visas;
the 'C' designated house is decrepit, and it is
important it be expanded to meet increasing service requirements;
request Council to approve the application and
designation;
more parking will accommodate the expected
increase in visitors to the residence;
the Chinese community would like to see the
consulate expanded to accommodatethose seeking visas.
The following delegations spoke in opposition to the application, and their comments are summarized below:
Roberta Beiser
Phil Yacht
substantially increased activity is expected
as more and more people access the consulate's visa centre;
the Chinese consulate is the only consulate in
Shaughnessy conducting business in a building intended for residential and ceremonial use;
most consulates have downtown offices for commercial services;
car traffic, both on-street and entering the
site, will increase and make an already congested area unsafe;
the proposed structure will not complement the
neighbouring MacLure heritage house;
concern with use of a heritage house in a single
family dwelling with commercial enterprises beside it;
office use is not an appropriate use for the
surrounding residential area.
Applicant Closing Comments
Mr. Wing Leung advised the project went before the First Shaughnessy Design Panel two times for enquiry purposes, due to its unique nature and a site visit was arranged for Panel members. Subsequently the Panel members unanimously approved the project.
Staff Closing Comments
Ms. McNeill confirmed a visa centre is a permitted use in the Official Development Plan for First Shaughnessy, and the design complies with the ODP and design guidelines.
Council Discussion
A Council member noted she was unable to support this application due to the increasing number of people seeking visas from this consulate, and the potential long-term impacts to the neighbourhood of this precedent. Other members spoke in support of the application, noting it has been passed by the First Shaughnessy Design Panel, and only two adjacent property owners were opposed to the project. The applicant was encouraged to explore other options for the visa centre.
MOVED by Cllr. Bass,
A. THAT Council authorize the City to enter into a Heritage Revitalization Agreement for the site at 3338 Granville Street to:
secure the rehabilitation of the "A"
listed house, notable main floorinterior spaces and the coach house;
vary provisions of the FSD Official Development
Plan to permit a floor space ratio increase from the conditionally permitted 0.45 to 0.495
and other variances as indicated under Development Application DE404244.
B. THAT the heritage building and interior spaces( namely; the Living Room, Dining Room, Study, Vestibule, Hall) and the Coach House at 3338 Granville Street, listed in the "A" category on the Vancouver Heritage Register (VHR), be designated as Protected Heritage Property.
C. THAT Council instruct the Director of Legal Service to prepare a registered agreement to secure the remaining trees on site.
D. THAT Council instruct the Director of Legal Services to bring forward for enactment a by-law to authorize the Heritage Revitalization Agreement and a by-law to designate the heritage building.
- CARRIED
(Councillor Kennedy opposed)
4. Designation and Heritage Revitalization Agreement: 800 Hawks Avenue
An application by Hugh Wong/David Peach, was considered as follows:
Summary: Designation and Heritage Revitalization Agreement for nine unit multiple dwelling.
The Director of Current Planning recommended approval.
Staff Comments
Yardley McNeill, Heritage Planner, advised she was available to answer questions.
Applicant Comments
Hugh Wong/David Peach, the applicants, advised they had no comments to add and were available to answer questions.
Summary of Correspondence
There was no correspondence received on this application since the date the application was referred to Public Hearing.
Speakers
The Mayor called for speakers for and against the application and none were present.
MOVED by Cllr. Sullivan,
A. THAT Council authorize the City to enter into a Heritage Revitalization Agreement for the site at 800 Hawks Street to:
secure the rehabilitation of the building;
vary provisions of the RT-3 District Schedule of
the Zoning and Development By-law to permit a floor space ratio increase from the
conditionally permitted 0.75 to 1.64 and other variances as described under Development
Application DE404642.
B. THAT the heritage building at 800 Hawks Street, listed in the "B" category on the Vancouver Heritage Register, be designated as Protected Heritage Property.
C. THAT Council instruct the Director of Legal Services to bring forward for enactment a by-law to authorize the Heritage Revitalization Agreement and a by-law to designate the heritage building.
- CARRIED UNANIMOUSLY
RISE FROM COMMITTEE OF THE WHOLE
MOVED by Cllr. Don Lee,
THAT the Committee of the Whole rise and report.
- CARRIED UNANIMOUSLY
ADOPT REPORT OF COMMITTEE OF THE WHOLE
MOVED by Cllr. Louis,
SECONDED by Cllr. Don Lee,
THAT the report of the Committee of the Whole be adopted and the Director of Legal Services be instructed to prepare and bring forward the necessary by-law amendments.
- CARRIED UNANIMOUSLY
BY-LAWS
1. A By-law to authorize Council entering into a Heritage Revitalization Agreement with the Owners of Heritage Property
(656 & 664 East Georgia) By-law No. 8250
MOVED by Cllr. Kennedy,
SECONDED by Cllr. Don Lee,
THAT the By-law be introduced and read a first time.
- CARRIED UNANIMOUSLY
The By-law was read a first time and the Presiding Officer declared the By-law open for discussion and amendment.
There being no amendments, it was
MOVED by Cllr. Kennedy,
SECONDED by Cllr. Don Lee,
THAT the By-law be given second and third readings and the Mayor and City Clerk be authorized to sign and seal the By-law.
- CARRIED UNANIMOUSLY
2. A By-law to designate heritage property, and to amend By-law No. 4837,
being the Heritage By-law (211 Columbia Street) By-law No. 8251
MOVED by Cllr. Kennedy,
SECONDED by Cllr. Don Lee,
THAT the By-law be introduced and read a first time.
- CARRIED UNANIMOUSLY
The By-law was read a first time and the Presiding Officer declared the By-law open for discussion and amendment.
There being no amendments, it was
MOVED by Cllr. Kennedy,
SECONDED by Cllr. Don Lee,
THAT the By-law be given second and third readings and the Mayor and City Clerk be authorized to sign and seal the By-law.
- CARRIED UNANIMOUSLY
3. A By-law to authorize Council entering into a Heritage Revitalization Agreement with the Owner of Heritage Property (211 Columbia) By-law No. 8252
MOVED by Cllr. Kennedy,
SECONDED by Cllr. Don Lee,
THAT the By-law be introduced and read a first time.
- CARRIED UNANIMOUSLY
The By-law was read a first time and the Presiding Officer declared the by-law open for discussion and amendment.
There being no amendments, it was
MOVED by Cllr. Kennedy,
SECONDED by Cllr. Don Lee,
THAT the By-law be given second and third readings and the Mayor and City Clerk be authorized to sign and seal the By-law.
- CARRIED UNANIMOUSLY
4. A By-law to designate heritage property, and to amend By-law No. 4837,
being the Heritage By-law (3338 Granville Street) By-law No. 8253
MOVED by Cllr. Kennedy,
SECONDED by Cllr. Don Lee,
THAT the By-law be introduced and read a first time.
- CARRIED UNANIMOUSLY
The By-law was read a first time and the Presiding Officer declared the by-law open for discussion and amendment.
There being no amendments, it was
MOVED by Cllr. Kennedy,
SECONDED by Cllr. Don Lee,
THAT the By-law be given second and third readings and the Mayor and City Clerk be authorized to sign and seal the By-law.
- CARRIED UNANIMOUSLY
5. A By-law to authorize Council entering into a Heritage Revitalization Agreement with the Owner of Heritage Property (3338 Granville Street) By-law No. 8254
MOVED by Cllr. Kennedy,
SECONDED by Cllr. Don Lee,
THAT the By-law be introduced and read a first time.
- CARRIED UNANIMOUSLY
The By-law was read a first time and the Presiding Officer declared the by-law open for discussion and amendment.
There being no amendments, it was
MOVED by Cllr. Kennedy,
SECONDED by Cllr. Don Lee,
THAT the By-law be given second and third readings and the Mayor and City Clerk be authorized to sign and seal the By-law.
- CARRIED UNANIMOUSLY
6. A By-law to designate heritage property, and to amend By-law No. 4837,
being the Heritage By-law (800 Hawks Avenue) By-law No. 8255
MOVED by Cllr. Kennedy,
SECONDED by Cllr. Don Lee,
THAT the By-law be introduced and read a first time.
- CARRIED UNANIMOUSLY
The By-law was read a first time and the Presiding Officer declared the by-law open for discussion and amendment.
There being no amendments, it was
MOVED by Cllr. Kennedy,
SECONDED by Cllr. Don Lee,
THAT the By-law be given second and third readings and the Mayor and City Clerk be authorized to sign and seal the By-law.
- CARRIED UNANIMOUSLY
7. A By-law to authorize Council entering into a Heritage Revitalization Agreement with the Owner of Heritage Property (800 Hawks Avenue) By-law No. 8256
MOVED by Cllr. Kennedy,
SECONDED by Cllr. Don Lee,
THAT the By-law be introduced and read a first time.
- CARRIED UNANIMOUSLY
The By-law was read a first time and the Presiding Officer declared the by-law open for discussion and amendment.
There being no amendments, it was
MOVED by Cllr. Kennedy,
SECONDED by Cllr. Don Lee,
THAT the By-law be given second and third readings and the Mayor and City Clerk be authorized to sign and seal the By-law.
- CARRIED UNANIMOUSLY
COMMITTEE OF THE WHOLE
MOVED by Cllr. Sullivan,
SECONDED by Cllr. Kennedy,
THAT this Council resolve itself into Committee of the Whole, Mayor Owen in the Chair, to consider amendments to the Zoning and Development By-law and the False Creek North Official Development Plan.
- CARRIED UNANIMOUSLY
5. Text Amendment: 800 Griffiths Way (GM Place)
An application by Brook Development Planning Inc., was considered as follows:
Summary: The proposed amendments to the existing CD-1 False Creek North ODP would permit brewing or distilling as a permitted use.
The Director of Current Planning recommended approval.
Staff Comments
Rob Whitlock, Planner, advised he was available to answer questions.
Applicant Comments
Chuck Brook, Brook Development Planning Inc., on behalf of the applicants, advised he had no comments to add and was available to answer questions. Mr. Brook noted HarveyJones and Jason Hartley, Orca Bay representatives, were also present.
Summary of Correspondence
There was no correspondence received on this application since the date the application was referred to Public Hearing.
Speakers
Mayor Owen called for speakers for and against the application and none were present.
MOVED by Cllr. Sullivan,
THAT the application by Brook Development Planning Inc. to amend the existing CD-1 and False Creek North ODP By-law for 800 Griffiths Way to permit brewing or distilling as a permitted use, be approved.
- CARRIED UNANIMOUSLY
6. Rezoning: 1055 West 41st Avenue (Louis Brier Home & Hospital)
An application by Neale Staniszkis Doll Adams Architects was considered as follows:
Summary: Rezoning to permit expansion (20 multi-level care beds and 40 congregate housing units) for the existing Louis Brier Home & Hospital.
The Director of Current Planning recommended approval subject to the conditions set out in the agenda before Council this evening.
Staff Comments
Lynda Challis, Planner, provided an overview of the application and advised the increased FSR would allow for additional housing opportunities for our aging population, and a continuum of care to allow residents to age in place. Ms. Challis advised an issue between the architect and city staff is the location of the entrance lobby to the congregate housing -- the architect favours the Osler Street entrance whereas staff recommend relocation to 41st Avenue. To address residents' concerns regarding traffic and parking, the applicant has proposed a member of Louis Brief Home and Hospital staff be appointed to serve as a Neighbourhood Traffic Coordinator to work with the community to resolve related issues.
Applicant Comments
Jerry Doll, Architect (brief filed), and Hershie Porte, of the Louis Brier Board of Directors requested Council consider deletion of Item (b) (iv) of staff's conditions related to the entrance lobby to congregate housing from Osler Street and replacement of the entry ramp and stairs with soft landscaping. Mr. Porte provided an overview of the services provided by the Louis Brier Home & Hospital over the last half century, and noted the project will provide badly needed additional accommodation for the elderly of the community.
Summary of Correspondence
Council was advised 108 letters in support of the application, 2 letters opposed, and 1 other were received since the date the application was referred to Public Hearing.
Additional correspondence received subsequently is on file in the City Clerk's Office.
Speakers
Mayor Owen called for speakers for and against the application.
The following delegations spoke in support of the application, and their comments are summarized below:
Maurice Benyaer
Michael Geller
Gail Butt
Arnold Selwyn
Sylvia Gurstein
Rita Akselrod
Gillian Watson-Donald, Seniors Advisory Committee
Len Korsel
Lee Simpson, President, Board of Directors, Brier
Home & Hospital
Dave Howard
Karl Taussig, Vice-chair, Special Advisory Committee
on Seniors
Lucian Liberman
Dr. Larry Rossoff
David Herman
Dr. Robert Krell
A.C. Kornfeld
Mark de Weerdt
Dr. Brahm Lermer
Bernie Reed
Howard Johnson, President, Denominational Health
Association
Len Hyman
Harry Lipetz
Gary Segal
Sylvia Hill
Miriam Bromberg
Bob Willmot
Judy Oberlander, Vice President, Community
Development, Jewish Federation of
Greater Vancouver
Sheldon Chandler
Yale Chernoff
Myriam Bayerthal
Max Propp
Dessa Sadovnick
Aron Sadovnick
Josephine Mallek
Jerry Chang
Louis deVries
Gail Wynston
Nassa Selwyn
approve the application, but not item (b)
(iv), as it is important that the pedestrian access be off of Osler Street;
the Board of Louis Brier is concerned with the
growing numbers on the wait list; Council is urged to support the application;
the building is well designed, fits into the
community, and conforms with the Oakridge Langara policy statement;
limited restricted parking for residents on Osler
Street would resolve some of the area residents' concerns;
the proposed expansion will be an invaluable
asset to the city; providing comprehensive services, quality of care and innovative
programs, with a well thought out design;
the separate entrance to the congregate housing
unit off Osler Street is very important; seniors want their independence and a residential
style housing, with its own residential entrances makes the transition to a personal care
home easier;
the proposed expansion will offer affordable
assisted housing for seniors;
the proposal will offer a quality of life for
seniors who can no longer look after themselves, with access to a Jewish environment;
the environment at Louis Brier offers a sense of
security and comfort for residents, surrounded by traditions and familiar language;
Louis Brier is the only Jewish facility west of
Winnipeg to provide a traditional environment for the residents;
people wish to remain in their community and have
their needs met in a supportive home environment;
Osler Street is generally very quiet, with little
traffic and few parking problems.
The following speakers were opposed to the application, and their comments are summarized below:
Sheila Midley
Bob Woods
M. Eleanor Urquhart
Beryl Major
Marianne Stone
Osborne Shaw
William Urquhart
Shirley Klassen
Betty Dewar
William Elliot
Edward Lai (brief filed)
Stella Lai
the neighbours feel the zoning should not be
changed from residential to CD-1; the expansion should be more neighbourhood friendly,
i.e. more residential type of buildings;
the rezoning should be deferred to allow more
consultation with neighbours;
the expansion of Louis Brier should be relocated
to Oak Street; if not, the staff decision to delete locating the entry to the congregate
housing units off Osler Street should be supported;
traffic problems and hazards in the immediate
area have not been properly assessed;
all streets and lanes in the neighbouring area
are vulnerable to traffic and service and delivery trucks bringing deliveries to the
various facilities located in the area;
ever expanding institutions and facilities need
to be spread out throughout the city;
request staff make specific changes to meet the
needs of neighbours as well as Louis Brier.
Staff advised relocation of the expansion to the Oak Street side would require the demolition of the existing buildings and relocation of present residents. In addition, northbound traffic on Oak Street would not be able to access the site.
Ray Spaxman, Spaxman Consulting Group Limited, (brief filed) advised he had been asked by the area residents to review the proposal for Louis Brier Home and Hospital. Mr. Spaxman provided comments on the proposed zoning and building and suggested the following changes: removal of the low wall and iron railing along Osler Street; a setback of 24 feet; the proposed additions should be reduced to no more than two and a half storeys in height; landscaping to emphasize the separate building elements; and amending Appendix B - "Proposed Conditions of Approval": removing the word "Minor" in the introduction; and inserting after "...residential building character", "more in scale and proportion with the surrounding single family housing".
Applicant Closing Comments
Jerry Doll advised the applicant is willing to work with all parties during the development permit process. Regarding Mr. Spaxman's comments, he is only looking at thesingle perspective of making the expansion neighbourly, not at program requirements. Moving the development to Oak Street would be very expensive and very slow. Mr. Doll
urged Council to support the Osler Street pedestrian entrance but requested no further amendments to the wording of the conditions.
Staff Closing Comments
Mr. Beasley reiterated the application has had an extensive community process. Documents have been made available to the neighbourhood for a long time. Staff will continue to strive to build more neighbourliness.
Ms. Challis reported there has been a lot of outreach with the community. Staff, with the applicant, have tried to balance design issues with the building program. The form of development will continue to evolve. Regarding the location of the development, demolition of the existing facility is not to the public benefit. The proposed traffic management plan will address traffic concerns. Staff will continue to work with the neighbourhood during the development permit stage to achieve the neighbourliness they are seeking. In addition, staff have prepared the following possible additional resolution to address traffic concerns, circulated as a yellow memo, for Council's consideration:
THAT between 6 and 12 months following occupancy of the congregate housing and added care beds, Engineering Services will review the effectiveness of the Traffic Management Plan in consultation with Louis Brier's Traffic Coordinator and residents incurring impacts and, further, will work with the applicant to take steps as necessary to remedy residents' concerns, at the expense of the applicant.
Council Decision
During discussion, Council supported the retention of the Osler Street entrance for the congregate housing unit. Council also supported the additional resolution to address traffic concerns circulated on the yellow memorandum, and Mr. Spaxman's suggestions regarding the removal of the low wall and iron railing and the changes to the proposed conditions of approval.
MOVED by Cllr. Bass,
THAT the applicant engage in a series of at least three meetings during the development permit process involving the applicant, the applicant's architect, a South Shaughnessy Neighbourhood Association representative, the Association's appointed consultant, and representatives from the City Planning department, who will schedule the meetings.
-LOST
(Councillors Daniel Lee, Don Lee,
McCormick, Price, Puil,
Sullivan and the Mayor opposed)
MOVED by Cllr. Louis,
A. THAT the application by Neale Staniszkis Doll
Adams Architects to rezone 1055 West 41st Avenue (Louis Brier Home & Hospital) to
permit expansion (20 multi-level care beds and 40 congregate housing units) for the
existing Louis Brier Home & Hospital, be approved, subject to the following
conditions:
(a) THAT the proposed form of development be approved by Council in principle, generally as prepared by Neale Staniszkis Doll Adams Architects, and stamped "Received City Planning Department, December 22, 1999", provided that the Director of Planning may allow alterations to this form of development when approving the detailed scheme of development as outlined in (b) below.
(b) THAT, prior to approval by Council of the form of development, the applicant shall obtain approval of a development application by the Director of Planning, who shall have particular regard to the following:
(i) design development to achieve a more residential building character, in scale and proportion with the surrounding single family housing, with variations in the massing, materials, dormers, windows and colour, noting that these changes would not result in any reduction of units or a physical break-up of the building;
(ii) design development to achieve setbacks to the streets similar to surrounding housing;
(iii) design development to achieve street edge landscape treatment compatible with neighbouring properties (comparable to RS-5) and provide public exposure to on-site front yard open space;
(iv) design development, generally in accordance
with draft congregate housing guidelines, to:
provide laundry facilities for the use of the
residents of the congregate housing units;
provide usable and accessible storage for large
personal items belonging to residents of the congregate housing units;
provide bathrooms designed to accommodate
mobility aids;
ensure that the building's life safety systems
provide a safe environment for its residents of the congregate housing units, by taking
into account the eventual change in their mental and physical state;
(v) design development to take into
consideration, the principles of Crime Prevention Through Environmental Design (CPTED)
having particular regard to:
reducing opportunities for theft in the
underground parking. Exit stairs should not be visible to the street or lane;
Note to Applicant: Clarification is required regarding gating of the underground. Elevation plans indicate gating, main floor plans do not.
increasing safety and visibility in the underground in accordance with section 4.12 of the Parking By-law and giving consideration to painting the walls and ceiling white;
Note to Applicant: Elevator lobbies and exit stairs should be partially glazed for visibility.
reducing opportunities for break and enter to the ground floor;
Note to Applicant: Design (stone faced wall and metal picket fence) and landscaping should be visually permeable allowing a combination of privacy and natural views.
(vi) design development to provide a layered planting strip within the inside boulevard (between the sidewalk and the property line) along Osler Street, as per joint Planning and Engineering policies for "Special City Boulevard Treatment". The planting strip shall be comprised of layered low planting (mature height and width not to exceed 3 ft. x 3 ft.) with a minimum one foot grass or ground cover strip adjacent to the sidewalk;
(vii) relocation of transplanted trees on site,
as noted in the Arborist Report;
Note to Applicant: If any trees cannot be
transplanted on site, contact the Park Board to inform that the trees are available for
transplanting elsewhere.
(viii) provision of written confirmation that a Certified Arborist will be retained for site supervision during the excavation around the two Western Red Cedars to be retained on Osler Street;
(ix) retention of greater portions of the mature cedar hedge along Osler Street in locations that provide a buffer to adjacent houses and do not screen open space from public view; and
(x) provision of additional permanent seating adjacent to the main entry and in the "figure eight" walking path;
(xi) removal of the low wall and iron railing along Osler Street.
(c) THAT, prior to enactment of the CD-1 By-law, the registered owner shall, at no cost to the City:
(i) make arrangements to the satisfaction of the General Manager of Engineering Services and Director of Legal Services for:
(1) clarification of all charges registered in
the Land Title Office against title to the lands (a charge summary, including copies ofall
charges, must be provided) and the modification, extension or release of any charges
deemed necessary by the Director of Legal Services;
(2) upgrading of the City water system to meet the
fire protection demands of the development;
(3) provision of a sidewalk on the east side of
Osler Street for the length of the site;
(ii) make suitable arrangements, to the satisfaction of the General Manager of Engineering Services, for:
(1) all new electrical and telephone services to be undergrounded within and adjacent the site from the closest existing suitable service point including a review of overhead plant upgrading that may be necessary to serve this project in order to determine its impact on the surrounding neighbourhood (this may result in the telephone and/or electrical service points being changed in order to reduce the impact on the neighbourhood);
(2) provision of a Transportation Management Plan to address impacts of traffic on the surrounding neighbourhood;
(iii) make suitable arrangements, to the satisfaction of the General Manager of Engineering Services and the General Manager of the Park Board, for the provision of street trees on Osler Street where space permits;
(iv) register a legal agreement against title to the lands in a form satisfactory to the Director of Legal Services, providing that the owner of the rental congregate housing development shall not strata-title any of the units; and
(v) make arrangements to the satisfaction of the General Manager of Engineering Services and Director of Legal Services for dedication of a portion of the site adjacent Oak Street for road (1.83 m north from West 41st Avenue for 90 m and then a varied amount that tapers from 1.83 m to nil an additional 54.9 m further north) and a 3.0 x 3.0 m corner cut-off at the south-east corner of the site (measured from the dedication line) and the registration of a statutory Right-of-Way against title to the lands to accommodate pedestrians on a relocated city sidewalk if and when Oak Street is widened. This will result in the preservation of the existing trees adjacent the east property line of the site that would be affected by the widening.
Where the Director of Legal Services deems appropriate, the preceding agreements are to be drawn, not only as personal covenants of the property owner, but also asCovenants pursuant to Section 219 of the Land Title Act.
Such agreements are to be registered in the appropriate Land Title Office, with priority over such other liens, charges and encumbrances effecting the subject site as is considered advisable by the Director of Legal Services, and otherwise to the satisfaction of the Director of Legal Services prior to enactment of the by-law; provided, however, the Director of Legal Services may, in her sole discretion and on terms she considers advisable, accept tendering of the preceding agreements for registration in the appropriate Land Title Office, to the satisfaction of the Director of Legal Services, prior to enactment of the by-law.
The Preceding agreements shall provide security to the City including indemnities, warranties, equitable charges, letters of credit and withholding of permits, as deemed necessary by and in a form satisfactory to the Director of Legal Services.
The timing of all required payments shall be determined by the appropriate City official having responsibility for each particular agreement, who may consult other City officials and City Council.
B. THAT between 6 and 12 months following occupancy of the congregate housing and added care beds, Engineering Services will review the effectiveness of the Traffic Management Plan in consultation with Louis Brier's Traffic Coordinator and residents incurring impacts and, further, will work with the applicant to take steps as necessary to remedy residents' concerns, at the expense of the applicant.
- CARRIED UNANIMOUSLY
The Special Council recessed at 10:00 p.m. on Tuesday, July 25,
at 10:00 p.m. on Wednesday, July 26, and
adjourned at 11:55 p.m. on Thursday, July 27, 2000.
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