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CITY OF VANCOUVER

SPECIAL COUNCIL MEETING MINUTES - PARTIAL

APRIL 13, MAY 6, 17 and JULY 5, 1999

A Special Meeting of the Council of the City of Vancouver was held on Tuesday, April 13, 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 Parking, Sign, and Zoning and Development By-laws. Subsequently the meeting was recessed, and reconvened in the Council Chamber, at 7:30 p.m. on Thursday, May 6, Monday, May 17 and Monday, July 5, 1999, with the members present as noted below. Minutes have been consolidated for ease of reference.

PRESENT: ABSENT:

Mayor Philip Owen Councillor Don Bellamy *Councillor Nancy A. Chiavario Councillor Jennifer Clarke *Councillor Alan Herbert Councillor Lynne Kennedy Councillor Daniel Lee Councillor Don Lee Councillor Gordon Price *Councillor George Puil *Councillor Sam Sullivan Councillor Nancy A. Chiavario (May 17 - Leave of Absence) Councillor Alan Herbert (July 5 - Sick Leave) Councillor George Puil (May 6) Councillor Sam Sullivan (May 6)

CLERKS TO THE COUNCIL:

Nancy Largent Denise Salmon (recorder)

* denotes presence for portion of the meeting
COMMITTEE OF THE WHOLE
MOVED by Cllr. Bellamy,
SECONDED by Cllr. Clarke,

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

- CARRIED UNANIMOUSLY

- - - - -
Clauses 1 and 2 were separately minuted.
- - - - -

3. Text Amendment & Rezoning: I-3 District Schedule

(a) Establish I-3 District Schedule
(b) Parking By-law Amendments (I-3)
(c) Sign By-law Amendments (I-3)
(d) Rezoning: 2950 East Broadway
(e) Rezoning: False Creek Flats

An application by Director of Central Area Planning, on behalf of Land Use and Development, was considered as follows:

Summary: The proposed text amendment and rezoning would:

(a) create a new I-3 District Schedule (High Technology Industrial Zoning);

(b) amend the Parking By-law to reflect the new zoning (if required);
(c) amend the Sign By-law to reflect the new zoning;

(d) adopt Development Cost Levies for I-3 (if required)*;

(e) rezone the property at 2950 East Broadway to I-3; and
(f) rezone properties in the False Creek Flats to I-3.

*this item was dealt with by City Council at a previous meeting; titled sections have been renumbered sequentially for clarity

The Co-Directors of Planning recommended approval of the application.

Also before Council was a memorandum dated April 9, 1999, from Ann McAfee, Director of City Plans, advising that on February 25, 1999, when referring the proposed I-3 District Schedule to Public Hearing, Council requested additional information. The following four memoranda and other information (circulated at the meeting) provided responses to Council's questions:

· memorandum dated April 8, 1999, from the General Manager of Engineering Services, regarding I-3 District Parking Requirements and related transportation information;
· memorandum dated April 8, 1999, from the Director of City Plans, regarding information on City and regional high technology supply and demand;
· memorandum dated April 8, 1999, from the Acting General Manager of Community Services, discussing the proposed Bentall site rezoning (2950 East Broadway) from I-2 Industrial to I-3 High Technology;

Clause 3 Cont'd

· a memorandum dated April 8, 1999, from the Director of Central Area Planning, providing additional information on False Creek Flats I-3; and
· recommended amendments to the posted map of properties to be rezoned to I-3, and recommended amendments to the posted I-3 Parking By-law

(a) Establish I-3 District Schedule
(b) Parking By-law Amendments (I-3)
(c) Sign By-law Amendments (I-3)

Staff Comments

Ann McAfee, Director of City Plans, reviewed the I-3 portion of the application, and with the aid of overheads, highlighted the role of high technology industry, including employment/employee issues and current demand for high tech space. The ability to expand and contract the work environment as required and a campus-type environment, to allow for interaction, were noted as important to high tech businesses. Potential displacement of other industrial uses and potential enforcement problems were noted. Dr. McAfee also provided details of the proposed Parking By-law amendments and how services are to be paid for.

Summary of Correspondence

Council was advised one letter in support of the application and miscellaneous comments from the Vancouver City Planning Commission was received.

Additional correspondence received subsequently is on file in the City Clerk's Office.

Speakers

The following speakers were generally in favour of the I-3 zoning:

· Rob Gritten (also speaking for Trillium, CN Real Estate, and BCR Property landowners)
· Mary Cue, BCR Property landowners
· John Cordonier (material filed)

The following speakers expressed concerns with I-3 Zoning:

· Robert Lindsay
· John Irwin (brief filed)
· Shane Simpson
· Dave Sadler

Clause 3 a, b, and c Cont'd

The following were some of the points raised:

· concern with limits of proposed area to be rezoned; the market, rather than the planners should decide boundaries
· careful attention must be paid to the application of DCL's
· I-3 will not create enough increase in value to offset costs - many owners will opt out
· two weeks is insufficient time to determine impacts of the proposed I-3 zoning and determine whether to remain or opt out of the zoning proposal; sixty days was requested
· potential for I-3 zoned lands to become office precincts could jeopardize office space in other areas of the City
· high tech existing in Yaletown and Victory Square should be used to capacity prior to adding more high tech areas to the city
· if City supports retention of industrial land for future value, those lands should be protected unequivocally
· proposed I-3 zoning could cause sprawl of Central Business District and result in loss of development along Broadway Corridor
· proposal goes against previous planning policies approved in the City's Central Area Plan
· Appendix C of Administrative Report encourages biotechnology uses in I-3 zoning; this issue needs to be fully addressed at a separate Public Hearing
· concern with impact on industrial land strategy and lack of demonstrated need by high tech industry for the proposal
· monitoring businesses to ensure each adheres to intended I-3 land uses will be difficult; reversion to intended uses will be onerous once non-conforming businesses are established
· the flexibility for a business to grow or shrink is a much needed option currently lacking in I-2 zoning; however costs, including soil remediation, are not competitive with either Burnaby or Richmond
· negative impact on industrial land users, and their employees, many unskilled, who currently live near the factories where they work; proposal erodes the Liveable Region Plan
· I-2 land offers employment for a huge segment of Vancouver's population; do not put more unnecessary pressure on the city's remaining industrial land
· I-2 zoning offers inexpensive land, and consequently inexpensive rents to small business; new small businesses will relocate elsewhere at a price they can afford

Gair Williamson, representing Baker, McGarva, Hart sought clarification on retention of allowed uses in current I-2 zoning, community amenity contributions and the option for landowners to have their properties removed from the I-3 zoning proposal.

Clause 3 Cont'd

(d) Rezoning: 2950 East Broadway

Staff Comments

Ann McAfee, Director of City Plans, with the aid of overheads, reviewed the 2950 East Broadway portion of the application. Also before Council was a memorandum dated May 6, 1999, from Dr. McAfee, advising that since the first evening of the Pubic Hearing staff have had further discussions with representatives of the developer, Bentall, with respect to services they propose to provide to the site and staff's recommended standards. The memorandum set out the following areas of concern:

· Setbacks
· Parking
· Hebb Avenue

A correction to section e (ii) of the April 4th memo, previously circulated to Council, was also noted. Both Bentall and City staff agree this section should be amended to read "Provision of water and sewer upgrades to accommodate the additional development if required."

Summary of Correspondence

Council was advised one letter in opposition to the application was received.

Additional correspondence received subsequently is on file in the City Clerk's Office.

Speakers

Alan Whitchelo, Bentall Corporation, and Tom Bunting, Architect, provided Council with an overview of the project, and responded, as noted below, to issues raised in staff's memo dated May 6th. Subsequently, on July 5, 1999, Mr. Whitchelo filed a brief dated July 2, 1999, requesting to withdraw the application if issues outlined on page 3 of said brief are not resolved.

· if Bentall is required to setback an additional 15 feet along Broadway, area will be lost from the front of building; if the project were made higher to compensate for lost space, residents across the street would lose more views; if widened on the west, public area would be lost

· a dedication of 26 feet from Hebb Avenue would not allow for adequate servicing of their warehouse; adequate room exists for the future Greenway on the south side of Hebb
Clause 3 d Cont'd

· to compete with the current market, sufficient parking is required; Bentall would support no maximum parking standard; phased parking is envisaged, which will result in a lower parking ratio at full build out

Council discussed the parking issue at length, after which Dr. McAfee suggested the applicant's offer to the City be recorded on Title prior to enactment that there will be a maximum of 'x' parking spaces on site. Mr. Whitchelo advised he would consider this suggestion.

Kim Tempest (brief filed), raised the following issues with regard to the rezoning of 2950 East Broadway:

· Traffic volumes, noise and pollution levels are already extremely high in the neighbourhood; Bentall's proposal seeks to contribute to a greater problem by encouraging 1,000 additional drivers to bring their cars to work

· If I-3 zoning is allowed thought must be given to preservation of existing views, minimized parking allotments, rerouting of transit to accommodate employee needs, quality of life for local residents, and a contribution made to revitalize Still Creek

· Consider the significant opportunity to improve the beauty of Vancouver, and create a new community hub to be proud of - take a longer plan view that supports a livable community

(e) Rezoning: False Creek Flats

Staff Comments

Ian Smith, Planner, with the aid of renderings, provided Council with an overview of the False Creek Flat concept plan. He also referenced an undated document entitled 'City Staff's Statement of Intent for Properties Proposed for I-3 Zoning in False Creek Flats' which was circulated at the meeting.

Summary of Correspondence

Council was advised the following correspondence was received:

· In Support - 2 letters
· Opposed - 2 letters

7 form letters

Clause 3 e Cont'd

· Miscellaneous - 1 letter - Discovery Park

- 1 letter - Parking
- Liaison Bulletin
- Petition (109 signatures)

Additional correspondence and a petition (54 signatures) received subsequently is on file in the City Clerk's Office.

Speakers

The following speakers, while generally in support of the I-3 initiative, expressed concerns with the proposed rezoning of False Creek Flats:

· Bob Laurie, Finning International (material filed)
· Jim Moodie, Moodie Consultants (in favour of Option 3)
· Lorne Milne, Vancouver Skate Patrol and
Brewery Creek Historical Society (in favour if zoning provides opportunity to put pathway through the Flats to Brunswick Street to help commemorate history of Brewery Creek)
· Rob Gritten
· Jeff Herold, CN Rail Properties
· Peter Arbuckle, Finning and QLT Phototherapeutics
· Peter Busby, Architect for Finning Property

Points raised included:

· concerns with the area wide DCL
· geotechnical problems and environmental issues on False Creek Flats
· crime and security issues
· lack of comprehensive public transit
· the market should determine how much parking is required
· concern I-3 zoning will prevent CN Railway from using a portion of its False Creek land for rail-related uses such as container storage
· encouraged Council to support the proposal, while retaining flexibility to create an entrepreneurial space for the future

During the hearing of delegations a resolution prepared by Ian Smith, Planner, in consultation Mr. Herold, was circulated to Council, which if passed by Council would satisfy CN's concerns. It read as follows:

Clause 3 e Cont'd

"Recognizing that the area proposed for I-3 (high tech, industrial) zoning in False Creek Flats will be in transition for a number of years, Council would like to advise the Development Permit Board and the Director of Planning to give favorable consideration to those uses which were outright in I-2, and converted to conditional uses under I-3, unless it can be demonstrated that the proposed use would have a serious, direct and lasting negative impact on achieving the long-term goals of the I-3 area."

The following speakers spoke in opposition to the proposed rezoning of False Creek Flats based on one or more of the following points:

· Marc Venot (brief filed)
· Harry Goldberg
· Kitty Oredsson (petition filed)
· Brian Smith, Northern Way Housing Co-op Security Co-ordinator
· and Block Watch Captain
· Isabel Minty

· concern properties located along 1st and 2nd Avenues would be impacted by increased taxes due to probable rise in adjacent land values
· there currently exists a serious shortage and parks/green space and recreational facilities in the area; a continuation of the existing neighbourhood is required to address the needs of that neighbourhood, including a mix of uses to prevent the area being empty at night
· proposed build out would block mountain views
· the proposed rezoning and subsequent development would generate an increase in local traffic
· potential for the buildings to not be occupied by high-tech industry, and perceived enforcement problems
· concern with soil remediation and related costs to potential soft ware developers
· shortcutting through Northern Way Housing Co-op will become attractive
· contrary to GVRD's Liveable Regional Plan
· more amenable and affordable land in the suburbs should be considered for high-tech industry

Mr. Smith advised there is potential for a future CD-1 development on the Finning site, which would address some of the foregoing concerns.

Clause 3 e Cont'd

The following requested to opt out of the I-3 zoning:

· Chuck Brook, for Costco Canada property in False Creek Flats
· Bentall Development - 2950 East Broadway (if three issues outlined in brief dated July 2, 1999, are not resolved)
· city-owned properties in False Creek Flats referenced by Ann McAfee in her opening remarks

The Mayor called for further speakers and none came forward.

Staff Closing Comments

Ann McAfee, Director of City Plans, responded to the three key issues brought forward by Bentall Corporation, and advised any changes to the setback on Broadway would require an amendment by Council to Schedule C of the Zoning and Development By-law at a future Public Hearing. Dr. McAfee also provided Council with an information package dated July 5, 1999, which summarized recommendations considered at the public hearing and additional items raised through the public submissions.

Ian Smith, Senior Planner, Central Area Major Developments Group, noted the qualified support for rezoning of False Creek Flats, and advised the CD-1 Zoning on the Finning Site would be reported by the end of July, and hopefully respond to concerns related to public and private views, and open space. He further noted the request by CN Rail related to conditional uses will be relayed to the Development Permit Board. Concluding remarks highlighted the importance of this civic initiative and the new jobs it will bring to our city.

Council Decision

MOVED by Cllr. Clarke,

THAT a decision on this item be referred to the Regular Council meeting of July 6, 1999.

- CARRIED UNANIMOUSLY

The Special Council recessed at:

9:50 on Tuesday, April 13, 1999;
10:00 p.m. on Thursday, May 6, 1999;
9:00 p.m. on Monday May 17, 1999; and

adjourned at 9:30 p.m. on Monday, July 5, 1999.

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(c) 1998 City of Vancouver