CITY OF VANCOUVER

SPECIAL COUNCIL MEETING MINUTES

JANUARY 14, 1999

A Special Meeting of the Council of the City of Vancouver was held on Thursday, January 14, 1999, at 7:30 p.m., in the Council Chamber, Third Floor, City Hall, for the purpose of holding a Public Hearing to consider proposed amendments to the Zoning and Development By-law.

PRESENT:	Mayor Philip Owen Councillor Don Bellamy Councillor Jennifer Clarke Councillor Alan Herbert Councillor Daniel Lee Councillor Don Lee Councillor Gordon Price Councillor Sam Sullivan
ABSENT:	Councillor Nancy A. Chiavario Councillor Lynne Kennedy (Civic Business) Councillor George Puil
CLERK TO THE COUNCIL:	Tarja Tuominen

COMMITTEE OF THE WHOLE

MOVED by Cllr. Bellamy,
SECONDED by Cllr. Price,

THAT this Council resolve itself into Committee of the Whole, Mayor Owen in the Chair, to consider proposed amendments to the Zoning and Development By-law.

- CARRIED UNANIMOUSLY

1. Text Amendment: 4500 Oak Street

An application by David Nesbitt, Children’s & Women’s Health Centre of British Columbia, was considered as follows:

Summary: The proposed text amendment would permit a minor increase in the floor space ratio for completion of the second phase of the Research and Education Centre.

The Director of Central Area Planning, on behalf of Land Use and Development, recommended approval of the application.

Staff Comments

Lynda Challis, Planner, reviewed the purpose and background of the application.

Applicant Comments

Ellen Chesney, Director of Community Relations, advised she was present to answer questions and to address some of the concerns raised by area residents. Since the closure of Shaughnessy Hospital, there has been a reduction in traffic. The proposed educational facility should not add much additional traffic. In addition, with the closure of Shaughnessy Hospital, the site has ample parking. The Centre is more than happy to work with the community to resolve issues.

Summary of Correspondence

Council was advised the following correspondence was received:

· Two letters opposed to the amendment.

Speakers

Mayor called for speakers for and against the application.

The following spoke in opposition to the application:

· Michael Jacobson
· Sonya Francke.

The foregoing speakers opposed the application based on one or more of the following points:

· an education and research facility is not needed;
· concerns about gaseous material emitted from the research facility;
· parking and traffic congestion due to the proposed expansion.

Applicant Closing Comments

David Nesbitt, representing the applicant, advised that since the closure of Shaughnessy, there are 600 empty parking stalls on site. The Centre will have authority over the parking and control of parking rates and will try to resolve the parking issues.

Staff Closing Comments

Paul Pinsker, Transportation Engineer, advised resident permit parking could be considered if parking continues to be a problem for the area residents.

MOVED by Cllr. Don Lee,

THAT the application be approved.

- CARRIED UNANIMOUSLY

2. Rezoning: 5750 Oak Street

An application by the Central Organization for Jewish Education/Lubavitch Centre, was considered as follows:

Summary: The proposed rezoning from RS-1 to CD-1 would permit the replacement of the existing Lubavitch Centre and development of up to 60 dwelling units.

The Director of Central Area Planning, on behalf of Land Use and Development, recommended approval, subject to the following conditions as proposed for adoption by resolution of Council:

(a) THAT the proposed form of development be approved by Council in principle, generally as prepared by Paul Chiu, Urban Design Group, Architect, and stamped "Received Planning Department, September 8 and November 17, 1998", 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) provision of a traffic study that reviews the impact of the proposed 41st Avenue crossing on the existing bus stop on 41st Avenue adjacent the site. The study is to include the number of right hand turns expected at peak use times for both residential and institutional uses;

(Note: This bus stop is at a sensitive location. If the results of the study indicate an excessive amount of right turns which adversely affect the operation of the bus stop, then the access proposed from 41st Avenue will not be supported by Engineering Services.)

(ii) design modifications to meet Fire requirement that principle residential entrance to be located 15 m (49.2 ft.) or less from the street;

(iii) review of fire hydrant, siamese and fire alarm issues, to the satisfaction of the Fire Department;

(iv) submission of tree retention, protection and relocation plan and a certified arborist assessment and report, in conjunction with landscape review staff; and

(v) design development to take into consideration the principles of CPTED (Crime Prevention Through Environmental Design) having particular regard to reducing opportunities for:

· theft in the underground;
· break and enter; and
· mischief and vandalism such as graffiti.
(Note to Applicant: Separation between residential and institutional users, including exit stairs and parking, should be a consideration.)

(c) THAT, prior to enactment of the CD-1 By-law, the registered owner shall:

(i) make arrangements to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services for the following:

· dedication of the west 2.13 m of the site for road;
· statutory Right-of-Way for road for the 3.0 m x 3.0 m corner cut at the northwest corner of the site (measured from the widening line);
· relocation of the existing water service that is within Easement No. 18622 (reference plan). If this water service cannot be relocated, no development will be permitted within the easement area; and

· provision of street trees adjacent the site where space permits.

(ii) clarification of any proposed encroachments into Right-of-Way No. 18622 (reference plan) is required. No development within this right-of-way will be permitted;

(iii) clarification of the charges that appear on title is required. A charge summaryshould be provided;

(iv) make arrangements for all electrical and telephone services to be undergrounded within and adjacent the site from the closest existing suitable service point;

(v) execute a legal agreement satisfactory to the Director of Legal Services providing that owners will not discriminate against families with children in the sale of their property;

(vi) execution of an Option to Purchase in favour of the City of Vancouver for the purchase in fee simple of four one-bedroom units of approximately 55.74 m net (600 net sq. ft.) in floor area, plus exclusive use of four underground parking stalls in the same building, at no cost to the City, to the satisfaction of the Director of Legal Services and the Director of the Housing Centre;

(vii) enter into a Housing Agreement with the City to guarantee for the life of the building the rental status of the four one-bedroom units to be purchased by the City at no cost to the City; and

(viii) enter into a Housing Agreement with the City to guarantee for the life of the building the irrevocable right of each and every strata owner of the building to allow their unit(s) to be occupied by rental tenants on a continuous basis without let or hindrance.

Staff Comments

Rob Whitlock, Planner, reviewed the application, noting the proposed height, provision of underground parking, and lack of access to the site from the lane. The proposal is consistent with the Oakridge-Langara Policy Statement. The applicant has held meetings with area residents to address concerns. The City will receive four rental units targeted for seniors.

Mr. Whitlock also referred to a hand-out, circulated to Council this evening, noting minor technical adjustments requested by the applicant. Staff support approval of the adjustments and the hand-out provides the correct wording for the adjustments, if approved by Council.

Applicant Comments

The following representatives for the applicant briefly described the proposal and urged Council support for the application:

· Rabbi Wineberg, Director, Lubavitch
· Jack Diamond, Honorary Chairman of the Board, Lubavitch
· Arnold Silber, Chairman of the Board, Lubavitch
· Victor Setton, Director, Lubavitch
· Jim Lehto, UD&D Ltd.

The representatives for the applicant advised approval of the application will allow the Lubavtich Centre to be a permanent fixture in the community and will enable it to help families and children. Proceeds from the development will give the Centre the means to provide tools to help people. The Centre is an inclusive facility and will guarantee Jewish education for the future.

Summary of Correspondence

Council was advised the following correspondence was received:

· One letter in support of the application
· One letter attaching a petition with 69 signatures and a letter in support of the application
· One letter opposed to the application.

Speakers

Mayor Owen called for speakers for and against the application.

The following spoke in support of the application:

· Cantor Murray Nixon
· Bob Friedman.

The foregoing speakers supported the application based on one or more of the following points:

· Lubavitch Centre is valuable to the Jewish community and to the city;
· the Centre is not a commercial facility and saves lives.

The following spoke in opposition to the application:

· Wilson Lo
· Dr. Fred Soo.

The foregoing speakers opposed the application based on one or more of the following points:

·
the proposed centre will be the tallest building in the neighbourhood;
· the neighbours request there be very few south and southeast facing balconies, tall trees separating the development from residents, lower height, maximized setback on the south side, and no entrance or exit on the lane side;
· traffic flow is a concern;
· speed bumps and enforced parking restrictions may alleviate concerns;
· the existing three churches surrounding the crescent cause considerable congestion and traffic flow already.

Staff Closing Comments

Mr. Whitlock advised staff have had a commitment from the architect about privacy screening for Fremlin Street. Traffic problems on the lane can always be dealt with in the future.

MOVED by Cllr. Bellamy,

THAT the application be approved, subject to the conditions as set out in this minute of the Public Hearing, and and subject to the following amendments:

· Amend Section 2 (Uses), Clause (b) as follows:

· Increase the number of permitted dwelling units from 60 to 61.

· Add to existing Section 3.1 (Floor Space Ratio):

· “For the purposes of computing floor space ratio, the site is all parcels covered by this By-law, and is deemed to be 3 786.5 m², being the site size at time of application for rezoning, prior to any dedications.”

· Amend the respective clauses of Section 3.3 (Exclusions from FSR) as follows:

· Clause (g) (below-grade residential lobby space), increase 38 m² to 41 m²; and

· Clause (h) (below-grade institutional storage and lobby areas), increase 228 m² to 267 m².

- CARRIED UNANIMOUSLY

3. Text Amendment: 5605 Victoria Drive

An application by James KM Cheng Architects Inc. was considered as follows:

Summary: The proposed text amendment would permit development of a four-storey mixed-use development with 80 units of residential, a large retail store, two commercial buildings and a parkade.

The Director of Central Area Planning, on behalf of Land Use and Development, recommended approval of the application, subject to the following conditions as proposed for adoption by resolution of Council:

(a) THAT the proposed form of development be approved by Council in principle, generally as prepared by James KM Cheng Architects Inc., and stamped "Received City Planning Department, September 8, 1998”, provided that the Director of Planning may allow minor alterations to this form of development when approving the detailed scheme of development as outlined in (b) below.

(b) THAT, prior to approval by Council of the form of development, the applicant shall obtain approval of a development application by the Director of Planning, who shall have particular regard to the following:

(i) design development to the residential linear courtyard to increase the width and open the ends;

(ii) design development to the residential development to cut back the west elevation and the southwest corner at the fourth storey;

(iii) design development to the commercial portion of the development, including the surface parking area, to

· provide additional greening wherever possible, such as adjacent to the sidewalk along Victoria Drive, as separation from parking (e.g., replace bollards with low decorative fencing with landscaping);
· provide storefront awnings and canopies for adequate weather protection;
· physically separate pedestrian walkways from cars with suitable devices, such as “wheel stops”;
· ensure good quality building materials.

(iv) design development to improve the interface between the commercial portion of the development and the residential neighbourhood to the west. Can be incorporated in reconstruction of large retail building.

(v) design development to maximize greening of the site;

(vi) design development to the loading facility to provide adequate loading bay throat widths for semi-trailer access;

(vii) design development to take into consideration the principles of Crime Prevention Through Environmental Design (CPTED), having particular regard to reducing opportunities for:

· mischief in lanes. The indent caused by residential parking exit stairs to the lane must be deleted. Consideration should be given to gating the loading bay during non-business hours.
· theft in and from autos in the parkade. The lower level of the parkade should have considerable access control with capabilities for total security from pedestrians and vehicles, while remaining visibly open. The upper level should be secured for vehicles during non-business hours.
· graffiti. Both the residential units facing the east lane and the parkade will be susceptible to graffiti. Removal of graffiti is an expense to building owners and strata councils. Opportunities can be mitigated by reducing areas of exposed wall, by covering these walls with vines, hedges, lattice or steel mesh or by using a protective coating material. Contact Helen Chomolok, Graffiti Coordinator at 873-7927 for further information and resource.

Note: Clarification is needed regarding the “suspended” stairs. Plans indicate the stairs are totally enclosed.

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

(i) make suitable arrangements to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services for a 4.5 m Right-of-Way at the west property line of the site between 40th Avenue and the lane to the north of 40th Avenue to accommodate access to the existing 15-inch sewer that runs through the site as well as future utilities (Note: All portions of the proposed parking structure are to be clear of this right-of-way. The Right-of- Way will remain open and unfettered for public access.);

(ii) make suitable arrangements to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services for a stormwater storage system for the site;

(iii) make suitable arrangements to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services for relocation of theutilities contained within the existing 20-foot wide Right-of-Way that passes through the site (Note: If the utilities cannot be relocated to the City’s satisfaction, construction will not be permitted within the Right-of-Way);

(iv) make suitable arrangements to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services for a 3.048 m wide Right-of-Way on the west side of the site, between 41st Avenue and the lane north of 41st Avenue to accommodate the utilities relocated from the existing utilities Right-of-Way that passes through the site (no portion of the building above or below grade is to be within the proposed 3.048 m wide Right-of-Way. Landscaping within this Right-of-Way will also be restricted but can be refined at the development permit stage.);

(v) 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 adjacent the site where space permits;

(vi) make suitable arrangements to the satisfaction of the General Manager of Engineering Services and Director of Legal Services for the provision of handicapped ramps at the N/E and N/W corners of the lane west of Victoria Drive and 41st Avenue and the N/E corner of Commercial Street and 41st Avenue;

(vii) make suitable arrangements to the satisfaction of the General Manager of Engineering Services and Director of Legal Services for special paving of the lane adjacent to the site (a registered encroachment agreement will be required);

(viii) make suitable arrangements, to the satisfaction of the General Manager of Engineering Services, for all electrical and telephone services to be undergrounded within and adjacent the site from the closest existing suitable service point;

(ix) make suitable arrangements to the satisfaction of the Director of Legal Services and the Director of Planning that the two sites be locked together;

(x) make suitable arrangements, to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services for clarification of all charges to the land title of the site (a charge summary should be provided);

(xi) execute a legal agreement satisfactory to the Director of Legal Services providing that owners will not discriminate against families with children in the sale of residential units;

(xii) execute legal agreements satisfactory to the Director of Legal Services and Manager of Real Estate Services pertaining to a public amenity space (Crime Prevention Centre) to:

· provide to the City a minimum floor area of 147.9 m² (1,592 sq. ft.) as noted on the drawings dated September 8, 1998;

· install improvements required to outfit the office, including heating, ventilating, air conditioning, lighting, electrical, walls, paint, millwork, flooring, conduit and cabling for telephones and alarm system, and a complete washroom; and

· [Condition with respect to terms and costs to be finalized and brought forward for Council’s consideration at the Public Hearing.] Appendix B of Council Report.

Also before Council was a memorandum, dated January 12, 1999, in which Larry Beasley, Co-Director of Planning, provided Council with additional information about the terms and costs associated with the proposed public benefit, a Community Policing Centre, and recommended the following addition to the proposed Conditions of Approval as the final point under condition (c)(xii):

“· secure the space for a term of up to 15 years at a cost of $500 per month during the first operating year and an annual increase based on the Consumer Price Index (CPI) for the City of Vancouver for the subsequent years.”

Staff Comments

Lynda Challis, Planner, reviewed the application, referring to the proposed density, response to the neighbourhood vision, the mixed height, significant level of parking proposed, and pedestrian impact. Staff support the application subject to conditions as noted in the agenda and the additional condition included in the memorandum circulated this evening.

Applicant Comments

James Cheng, applicant, advised he has worked with the neighbourhood for a year and has held two public information meetings. In response to neighbourhood concerns, access to the site is from 41st and Victoria; no access will be from 40th. The development will attempt to provide some of the services the Safeway used to supply.

Summary of Correspondence

Council was advised the following correspondence was received:

· One letter in support of the amendment
· One letter opposed to the amendment.

Speakers

Mayor Owen called for speakers for and against the application.

The following spoke in support of the application:

· Gabriel Yong
· Peter Shalbot
· Karen Larcomme.

The foregoing speakers supported the application based on one or more of the following points:

· the donated space for the Community Policing Centre will reduce expenses for the Centre and will help make the Society sustainable in the future;
· the Community Policing Centre will provide an overall sense of security in the development;
· the proposal will open up housing options in the city and help increase the viability of businesses in the area ;
· development is inevitable;
· the services are needed in the area and will benefit the neighbourhood;
· the proposal will provide a good focus for the street and the trees on the site will be preserved;
· the area has frequent bus service.

The following spoke in opposition to the application:

· Don Genoversa
· Kurt Hamberger
· Frank Nguyen
· Maggie Yang
· Manchan Pau
· Ray Murks
· Joe Sampaio.

The foregoing speakers opposed the application based on one or more of the following points:

· the proposed development should be more neighbourly and retain the old-time flavour;
· the development should be reduced to three storeys instead of the proposed four;
· the development will create increased traffic and there will be heavy delivery trucks going down the lane;
· the development will have a lot of impact on the neighbourhood; there should be more space between the development and the single family housing;
· the proposed development will add noise, traffic, reduce views and attract crime;
· the area has enough people and does not need a Community Policing Office.

Staff Closing Comments

Ms. Challis clarified the proposed vehicular access to the site and advised the parkade will be essentially at grade. The area could, in the future, see a lot more four storey buildings along Victoria Drive.

Mr. Paul Pinsker, Traffic Engineer, responded to questions on the need for left turn signals.

MOVED by Cllr. Bellamy,

THAT the application be approved, subject to the conditions as set out in this minute of the Public Hearing, and subject to the following addition to the Proposed Conditions of Approval as the final point under condition (c)(xii):

· secure the space for a term of up to 15 years at a cost of $500 per month during the first operating year and an annual increase based on the Consumer Price Index (CPI) for the City of Vancouver for the subsequent years.

- 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. Don Lee,
SECONDED BY Cllr. Bellamy,

THAT the report of the Committee of the Whole be adopted, and the Director of LegalServices be instructed to prepare and bring forward the necessary by-law amendments.

- CARRIED UNANIMOUSLY

The Special Council adjourned at 9:55 p.m.

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(c) 1998 City of Vancouver