CITY OF VANCOUVER

SPECIAL COUNCIL MEETING MINUTES

JULY 6/11/20, 2000

A Special Meeting of the Council of the City of Vancouver was held on Thursday, July 6, at 7:30 p.m., in Council Chambers, Third Floor, City Hall, for the purpose of holding a Public Hearing to consider proposed amendments to the Zoning and Development By-law. The Public Hearing was subsequently reconvened on Tuesday, July 11, and Thursday, July 20, 2000, with the same members present except for Councillor Clarke.

PRESENT: Mayor Philip Owen

Councillor Fred Bass
Councillor Jennifer Clarke (Items 1 to 3)
Councillor Daniel Lee
Councillor Don Lee
Councillor Tim Louis
Councillor Sandy McCormick
Councillor Gordon Price
Councillor George Puil
Councillor Sam Sullivan

ABSENT: Councillor Jennifer Clarke (Conflict of Interest - Item 4)

Councillor Lynne Kennedy (Sick Leave)

CITY CLERK'S
OFFICE: Tarja Tuominen, Meeting Coordinator

Diane Clairmont, Meeting Coordinator

COMMITTEE OF THE WHOLE

MOVED by Cllr. Louis,
SECONDED by Cllr. Don Lee,

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. Heritage Designation and Revitalization: 211 Columbia Street

This item was cancelled.

2. Text Amendment: 711 West Broadway (Holiday Inn)

An application by Brook Development Planning Inc. was considered as follows:

Summary: The CD-1 text amendment would permit expansion of the existing hotel and development of a multiple dwelling along West 8^th Avenue and a community amenity space.

The Director of Current Planning recommended approval, subject to the conditions as set out in the agenda of the Public Hearing.

Staff Comments

Rob Whitlock, Planner, reviewed the application, noting the application would provide residential uses for a vacant parking lot area. The application proposes significant modifications to the public realm, with some townhouses. Staff have received very little opposition to the application and recommend approval subject to the conditions in the agenda.

Applicant Comments

Chuck Brook, Brook Development Planning Inc., advised the proposal is broadly supported by the community. However, the applicant is asking deferral of condition (c)(i) regarding the construction and operation of the community amenity space. The applicant is in the midst of discussions with Social Planning and Planning staff over the ownership, planning and space of the community amenity space. Mr. Brook is confident all parties will arrive at a mutually agreeable agreement for the operation of the space. The $850,000 recommended by staff for construction and operation of the space is solid; however, the applicant would like further discussion on the $500,000 amount for programming of the space due to increasing construction costs.

Rick Gates, Social Planner, advised he has no objection to deferral of the details on the community amenity space and agreed staff and the applicant are in the middle of negotiations. However, he is concerned there be a commitment in the zoning that the space be built.

Larry Beasley, Director of Current Planning, advised, if Council and the applicant were amenable, condition (c)(i) could be amended to establish the upper limit of the community amenity cost at $850,000, and asking staff to report back on the cash endowment prior to approval of the form of development, noting the endowment is intended to be approximately $500,000.

Mr. Brook advised the applicant would be happy with the proposed amendment.

Summary of Correspondence

Council was advised the following correspondence was received since the date the application was referred to Public Hearing:

· 6 letters in support of the application

· one letter expressing concerns

Speakers

Mayor Owen called for speakers for and against the application.

Lin Bompas, President, Fairview Slopes Community Association (letter filed), supported the application. The proposal will improve the corner and the immediate neighbourhood. The proposed community amenity space will provide much needed community space for the neighbourhood. The proposed meeting room space will help establish cohesion and an identity for the community. The Community Association is prepared to be self-sufficient in maintaining the space. The proposal provides a model that could serve other civic initiatives.

Council Decision

Council was prepared to support the application with the suggested amendment by staff regarding the community amenity space.

MOVED by Cllr. Clarke,

THAT the application by Brook Development Planning Inc. to amend the CD-1 by-law for 711 West Broadway (700 West 8th Avenue)(Holiday Inn) to permit expansion of the existing hotel and development of a multiple dwelling along West 8th Avenue, be approved, subject to the following conditions:

(a) That the proposed form of development be approved by Council, in principle, generally as prepared by Brook Development Planning Inc and Davidson Yuen Simpson Architects, and stamped "Received City Planning Department - June 15, 1999," 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 provide comprehensively designed andintegrated weather protection along the entire frontage of the existing hotel, extending to the maximum considered appropriate over the sidewalk, including more generous coverage at the West Broadway & Heather Street corner, for pedestrian comfort;
(ii) design development to entire existing podium facade to better integrate and comprehensively upgrade its architectural appearance, to ensure a fully contemporary appearance;
(iii) design development to enhance the quality and appearance of both the public sidewalk and all the materials (driving surface, walls, lighting, etc.) of the porte cochere and parkade entrance areas, to improve the public realm on Broadway and add pedestrian interest;
(iv) consideration of design development to further set back the townhouses from West 8^th Avenue to increase the livability of outdoor space associated with the townhouses;
(v) design development to provide a layered planting strip within the inside boulevard (between the sidewalk and the property line) along West 8th Avenue and Heather 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 1'- 0" grass or ground cover strip adjacent to the sidewalk;
(vi) provide bicycle racks adjacent to the entry of the Community Centre plaza;.
(vii) design development to ensure the proposed roof terrace configuration on the Landscape Plan is congruent with the terrace layout proposed on the architectural drawings, specifically, levels 2, 4 and 5;
(viii) design development to take into consideration the principles of CPTED (Crime Prevention Through Environmental Design) having particular regard to:

(a) reducing opportunities for theft in the underground;

Note to Applicant: This can be achieved by providing full separation of residential, commercial and casino users. This includes separate gating, elevators and exit stairs;
b) increasing safety, security and visibility in the underground in accordance with section 4.12 of the Parking Bylaw and consideration to painting the walls and ceilings white; elevator and exit stair lobbies should be glazed;
(c) reducing opportunities for Graffiti along West 8^th Avenue;
Note to Applicant: Graffiti is prevalent in the Vancouver area and its removal is an expense to property owners. Opportunities for graffiti can be mitigated by reducing areas of exposed wall, by covering these walls with vines and hedges or with a protective covering. For further information contact Helen Chomolok, Graffiti coordinator at 873-7927;

(ix) that the hotel develop a tour bus traffic management plan, to the satisfaction of the General Manager of Engineering Services, to ensure that there is clear communication and understanding between Holiday Inn staff, the tour bus drivers as well as the tour companies making arrangements and organizing group tours. This management plan is to:

· ensure there is a designated staff person at the Holiday Inn who is responsible for coordinating arrangements with tour companies and tour bus companies. This individual will also act as a information resource for general hotel staff and as a hotel community liaison representative for the residents in the surrounding neighbourhood to answer questions or complaints about tour bus activity at the hotel or at its restaurants and casino;
· prior to the arrival of a tour group at the hotel, ensure that the tour bus company and driver have been contacted and that the following information is provided:
1. buses travel westbound on West Broadway to enter the hotel porte cochere and not make use of Willow Street to West 8th Avenue and Heather Street to gain access to the porte cochere;
2. a doorman or designated staff person shall, prior to the tour bus arrival, contact the driver for the arrival time of the bus and ensure that the porte cochere is clear of any unoccupied vehicles which cannot immediately be moved into the parkade. Tour buses must not stop for loading in the Translink bus zone in front of the hotel, or elsewhere on the street during times when stopping is prohibited;
3. the parking of tour buses is not to occur on residential streets surrounding the hotel, as this is not permitted and bus parking is not available on-site; therefore, arrangements should be made for parking of the tour bus overnight in an appropriate parking lot; and
4. all goods loading requirements must be met. Engineering Services may consider a request for on-street passenger loading if future demand warrants or problems arise, including those connected to the casino and the restaurant on the corner of Heather Street and West Broadway;
(ix) passenger and bus facilities are to be designed to the satisfaction of the General Manager of Engineering Services; and
(x) provision of adequate garbage storage and recycling facilities for this proposal, as well as improvements to the existing garbage and recycling facilities, with the intent to move all the existing garbage containers onto the site;

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

(i) enter into an Agreement with the City of Vancouver, to thesatisfaction of the Director of Social Planning and the Director of Legal Services, in which the owner, at his own cost, must construct, fit, finish and equip at least 241.54 m² (2,600 sq. ft.) of indoor space, including arrangements for operations support through an endowment, including a kitchen and washrooms, together with required parking, and grant either a lease for the life of the building or a statutory right of way over the amenity space under such terms and conditions as determined by the Directors of Social Planning and Legal Services, at a value of at least $850,000, and staff report back on the cash endowment prior to approval of a form of development, noting the endowment is intended to be in the order of $500,000.

(Note: The owner has proposed this community space in collaboration with the Fairview Slopes Residents Association which feels it can put the space to uses for the benefit of the community. Allocation of access for the Fairview Slopes Residents Association and other community groups shall be the subject of a separate report to Council from the Director of Social Planning.)

(ii) make arrangements to the satisfaction of the General Manager of Engineering Services and Director of Legal Services for dedication of a 3.05 m x 3.05 m (10 ft. x 10 ft.) corner cut off for lane purposes on the westerly side of the site;
(iii) clarification of the charges shown on title to the satisfaction of the General Manager of Engineering Services.

- CARRIED UNANIMOUSLY

3. Text Amendment: 1300 Marinaside Crescent

- - - - -

At 8:05 p.m., Councillor Price and the Mayor declared Conflict of Interest because they live in the immediate vicinity of 1300 Marinaside Crescent. Therefore they left the Council Chamber prior to consideration of this item and did not participate in the discussion and voting for this item. Councillor Price and the Mayor did not return until the conclusion of the vote on the matter.

Deputy Mayor Puil assumed the Chair
- - - - -

An application by Pacific Place Developments Corp. was considered as follows:

Summary: The CD-1 and False Creek North Official Development Plan text amendments would permit a height increase for the residential tower.

The Director of Planning recommended approval of Option B subject to the conditions as set out in the agenda of the Public Hearing.

Staff Comments

Larry Beasley, Director of Current Planning, reviewed the application for increased height to the building on the site, currently approved for 17 storeys. The applicant proposes the tower height be increased to 22 storeys; staff recommend an increase to 21 storeys. In addition, the lower level built form has been reduced to 3 storeys. The lower heights will minimize the impact on views for neighbouring buildings. The developer has agreed to a condition to consolidate the townhouses better. Staff recommend Option B - the increase to 21 storeys.

Applicant Comments

David Naigle, representing the applicant, advised the proposed form of development is acceptable to Concord and the neighbours.

Summary of Correspondence

Council was advised the following correspondence was received since the date the application was referred to Public Hearing:

· 12 letters in support of the application

· one letter opposed to the application

Speakers

Deputy Mayor Puil called for speakers for and against the application.

The following spoke in support of the application:

· Laara Ynea
· Philip Walsh
· Charles MacInness
· Oleg Machnyk
· Norm Jones
· Terry Krepiakevich
· Geoff Douglas
· Gary Morrey

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

· the new design visually reflects the neighbouring buildings;
· the reduced height of the three-storey wings provide the most amount of open space;
· the new design is more desirable and appears more attractive from the seawall;
· the proposal will be a positive addition to the waterfront and sets a standard of high quality for the waterfront.

The following speakers spoke in opposition to the application:

· Joseph Wehry
· Samson Chan
· Stephen Wang
· Jackson Wong
· Rider Cooey
· Greg Van Wijk
· Joe Van Wijk

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

· the proposal for a taller building at the waterfront will take away views from buildings which have been constructed prior to this development;
· should build shorter buildings in the front and taller buildings in the back;
· did not expect to have taller building in front at the time purchased unit in older building;
· if the application is approved, the water view will be lost;
· rules of the game are being changed in midstream; a reduced height will protect the civic visual asset on the north side of False Creek;
· the developer should be required to compensate those who will have their views affected;
· approval of the application will help the developer sell the same view twice.

Antje Roomp advised she had no comment to make on the application.

Applicant Closing Comments

Richard Henriquez urged support for the proposal. The City is proposing a reduction in height; the amenities and infrastructure are first class.

Dan Yellander, Senior Vice-President, Marketing, Concord Pacific, advised the Concord Pacific presentation centre tries to convey as accurately as possible what the future development will be in the area.

Staff Closing Comments

Larry Beasley noted the changes recommended by staff to the original proposalresulted in a marginally better environment for everyone. Staff urge support for the revised application.

MOVED by Cllr. Sullivan,

THAT the option of the Director of Planning (Option B) to amend the CD-1 By-law for 1300 Marinaside Crescent and False Creek North Official Development Plan to permit a height increase for the residential tower, be approved, subject to the following conditions:
FORM OF DEVELOPMENT:

(a) THAT the proposed form of development be approved by Council in principle, generally as prepared by Henriquez Partners and stamped Received, City of Vancouver Planning Department, March 29, 2000, providing that the Director of Planning or Development Permit Board may allow alterations to this form of development when approving the detailed scheme of development as outlined in (b) below;

DESIGN:

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

(i) design development to increase the built form and number of townhouses along Marinaside Crescent and Drake Street right-of-way and provide pedestrian access to patios and units from surrounding walkways to enhance the residential character and increase the "eyes on the street" to meet the existing Guidelines.

HEIGHT:

(ii) design development to reduce the height to a maximum of 63.75 m.

(iii)design development to minimize the size and height of the mechanical
penthouse to minimize view impact on surrounding development.

- CARRIED

(Councillors Bass and Louis opposed)
(Councillor Price and the Mayor not present for the vote)

- - - - -
At 9:30 p.m., Councillor Price and the Mayor returned to the
Council Chamber and the Mayor resumed the Chair)

- - - - -

4. Rezoning: 3800-4186 West 4th Avenue (Jericho Lands)

At 9:30 p.m., Councillor Clarke declared Conflict of Interest prior to consideration

of this item, as there may be a perception of conflict in that her daughter attends a school on the Jericho Lands site. Therefore Councillor Clarke left the Council Chamber, did not participate in the discussion and voting for this item, and did not return.

An application by the Director of Current Planning was considered as follows:

Summary: The rezoning from RS-1 One-Family Dwelling District to CD-1 Comprehensive Development District would retain the development rights currently available under the single family zoning but would require City Council approval of a form of development for any future development on the site.

The Director of Current Planning recommended approval.

Staff Comments

Larry Beasley, Director of Current Planning, explained the rationale to rezone Jericho Lands from RS-1 to CD-1, noting the Lands were zoned RS-1 as an accident of history. Under RS-1 zoning, staff would be obliged to approve applications which comply with the existing zoning, without public consultation or consideration of neighbours' need or the City's needs. CD-1 zoning would allow the same development at the same density and same height as under RS-1, but the form of development must be approved by Council, which may also prescribe conditions. The CD-1 zoning would allow a very prescribed list of uses - not highrises, shopping malls or other kinds of incompatible uses. The CD-1 zoning is interim zoning; staff will be reporting back on a proper comprehensive consultation process to solicit community opinion.

Also before Council was a Memorandum, dated July 6, 2000, in which Mr. Beasley reported that federal officials have advised the federal government has no plans at present to redevelop or dispose of their Department of National Defense (DND) lands at Jericho and that there are concerns amongst federal officials about the effect this rezoning will have on other aspects of federal government business. Therefore, if Council wishes to approve the Jericho Lands CD-1 rezoning, the following motion is recommended:

THAT the CD-1 By-law for the Jericho Lands be approved for all but the federal Department of National Defence lands; that rezoning for the Department of National Defence lands be put on hold, pending a report back by staff after discussions with federal officials; and that the rezoning by-law for the balance of the Jericho lands and the companion amendments to the Subdivision By-law, to bebrought forward for enactment, be amended accordingly.

In response to a question from a Council member on whether it is possible for the City to enter into a legally binding contract with BC Building Corporation to agree not to subdivide and how that contract could be negotiated with a Senior Government which has senior powers, Mr. Beasley advised that while a contract could be entered into, it would be difficult to determine who would sign the contract and it might prove difficult to enforce.

Summary of Correspondence

Council was advised the following correspondence was received since the date the application was referred to Public Hearing:

· Letter from Rob Jenkins, Assistant Director, Current Planning, to area residents in response to correspondence and attached bulletin

· Letter and News Release from BC Buildings Corporation regarding the proposed application

· 2 letters supporting the public process

· 2 letters in support of the application

· 1 letter in support of the application, with conditions

· 5 letters opposed to the application

· 9 letters requesting further public process on the application

· 1 letter opposed to the application.

Council was also advised 45 letters were received by Planning Department staff since the date the application was referred to Public Hearing:

· 28 letters opposed to the application, citing various concerns including a need for more public consultation or a Visioning program first, protection of existing uses only, and no high rises;
· 8 letters in support of the application citing response to need for more public consultation and a comprehensive planning approach;
· 5 letters in support of creating a park or leaving the lands alone with no reference to the application or subdivision;
· 2 letters in support of subdivision;
· 1 letter to BCBC in support of a greenway and 1 letter in reply from BCBC.

Speakers

Mayor Owen called for speakers for and against the application.

The following spoke in support of the application:

· Henry Hawthorn, Chair, Vancouver City Planning Commission (brief filed)
· Guy Sobell
· David McCann
· John Fournier
· Jack Jefferson (brief filed)

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

· The proposed rezoning will enable a comprehensive planning assessment of the urban opportunities afforded by this high profile site;
· The Jericho Lands site is too important and major a site to simply be subdivided into single-family residential and opportunities for broader public priorities and objectives need to be reflected in the ultimate land use decision;
· By adopting the proposal of the Planning Department, the public will have the best chance of ensuring a wise and judicious use of the land;
· Supports going slowly and with much consultation;
· The area should have more diversified housing; it already has a high ratio of parks per resident.

The following speakers spoke in opposition to rezone the Jericho Lands to CD-1:

· Robin McFee
· Phil Downey
· Dr. Hinda Avery
· Julia Hass
· Dean Sinnett
· Dr. Farah Shroff
· Susan Tha
· Michael Sze
· Greg Reid
· Sa Schrader
· John Schrader
· Lori Cohen
· Michael Macdonald (brief filed)
· Barbara Martindale
· Basil Dunhell

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

· There is no need for the interim zoning; BC Building Corporation has expressed willingness to work with all constituents in a planning process for Jericho Lands;
· The majority of area residents favour retaining the lands as they exist now;
· The proposed rezoning to CD-1 will not preserve the views and open spaces of the Jericho Lands;
· The proposed CD-1 zoning leaves all kinds of questions; should be more open and transparent process;
· The green spaces along the bike route and views should be preserved; all of the existing facilities on the site should also be kept;
· The Planning Department cannot be trusted to go ahead with the community in-put process;
· The Jericho Lands should be saved as parkland for future generations of children;
· The Jericho Lands should remain untouched as it is and the land designated as green space;
· No development should take place until community visioning is complete; why have two consultative process - one now and one in four or five years;
· All levels of government, the Salish people, and the community should be involved in the community visioning process;
· Retain RS-1 Zoning and declare interim green zone - this would alleviate community concerns
· Review the feasibility of developing Department of Defence lands for senior housing
· The proposed CD-1 by-law allows for many unknowns and would allow more extensive development;
· The CD-1 zoning would allow cluster housing; there is the danger development would not meet the needs of the neighbourhood;
· Jericho Lands should be kept intact;
· RS-1 zoning is the most restrictive in the city, and Vancouver's RS-1 neighbourhoods are the very essence of the city; regardless of Council's spirit and intent, there is great risk married to a change to CD-1 zoning.

The following speakers generally supported the proposed application to rezone the Jericho Lands to CD-1, but only to allow existing uses, and to consider no other uses until a full community visioning process is complete:

· Ian Hass
· Hilda Thomas
· John Day
· John Little
· Geoff Bird
· Noel Boston
· John McCormack (brief filed)
· Murray Sharp
· Bernie Epting

The foregoing speakers' points are summarized as follows:

· All the Jericho Lands should be rezoned to a modification of the proposed CD-1 allowing only existing uses; no other uses to be approved until full public in-put as part of an accelerated community visioning process is complete;
· Senior governments should be pressured to deed Jericho Lands to the City;
· The CD-1 zoning is supported with limitations; to be used for existing uses only until have a vision of what the community really wants;
· The Jericho Lands should be limited to types of uses which allow public access to the land;
· The comprehensive visioning process should apply to the entire Jericho Lands;
· The proposed zoning will permit the owner of the land to achieve close to 50% more buildable space than would be permitted under the proposed subdivision application;
· The Jericho Lands should be preserved for parkland;
· Any road access within the site should come from the BCBC lands;
· The BCBC lands should be preserved for park; people would be more comfortable with development on the federal government lands.

Jack Turner suggested the Federal lands portion of Jericho Lands be preserved as green space and converted to par 3 golf courses; the other part zoned for existing use.

Staff Closing Comments

Mr. Beasley reiterated the proposed CD-1 zoning for the Jericho Lands sets the stage for cooperation and public consultation; it does not allow highrises or shopping malls to be built on the site. Staff will be reporting back in September on the planning process, including wide public consultation. It is anticipated the comprehensive public consultation will take 18 or 24 months to complete and will involve BCBC, federal DND lands, and local people.

MOVED by Cllr. Puil,

A. THAT the application by the Director of Current Planning to rezone 3800-4186 West 4th Avenue (Jericho Lands) from RS-1 One-Family Dwelling District to CD-1 Comprehensive Development District to retain the development rights currently available under the single family zoning but to require City Council approval of a form of development for any future development on the site, be approved.

B. THAT the CD-1 By-law for the Jericho Lands be approved for all but the federal Department of National Defense lands; that rezoning for the Department of National Defense lands be put on hold, pending a report back by staff after discussions with federal officials; and that the rezoningby-law for the balance of the Jericho lands and the companion amendments to the Subdivision By-law, to be brought forward for enactment, be amended accordingly.

C. THAT Council does not intend to approve a form of development for significant new development in the CD-1 zoned area and will only consider minor changes felt to be in the public interest, until the comprehensive public planning process for the Jericho Lands has been completed.

- CARRIED

(Councillors Bass and Louis opposed to B)
(Councillor Clarke not present for the vote)

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

The Special Council recessed at 10:35 p.m. on July 6,
at 10:00 p.m. on July 11, and adjourned at
10:35 p.m. on July 20, 2000.

* * * * *

(c) 1998 City of Vancouver