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CITY OF VANCOUVER
SPECIAL COUNCIL MEETING MINUTES
SEPTEMBER 12, 2000
A Special Meeting of the Council of the City of Vancouver was held on Tuesday, September 12, 2000, at 7:33 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 Fred Bass
Councillor Daniel Lee
Councillor Don Lee
Councillor Tim Louis
Councillor Sandy McCormick
Councillor Gordon Price
Councillor George Puil
Councillor Sam SullivanABSENT:
Councillor Jennifer Clarke (Sick Leave)
Councillor Lynne Kennedy (Leave of Absence)CITY CLERK'S OFFICE:
Tarja Tuominen, Meeting Coordinator
COMMITTEE OF THE WHOLE
MOVED by Cllr. Don Lee,
SECONDED by Cllr. Louis,
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: 6475 Elliot Street/2526 Waverley Avenue
An application by Neale Staniszkis Doll Adams Architects, was considered as follows:
Summary: The proposed text amendment to the existing CD-1 would alter the permitted site coverage in the sub-areas.
The Director of Current Planning recommended approval.
Staff Comments
Dave Thomsett, Senior Planner, advised he had no comments.
Applicant Comments
The applicant had no comments.
Summary of Correspondence
Council was advised 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.
Council Decision
MOVED by Cllr. Don Lee,
THAT the application by Neale Staniszkis Doll Adams Architects to amend the CD-1 by-law for 6475 Elliot/2526 Waverley Avenue to alter the permitted site coverage in the sub-areas, be approved.
- CARRIED UNANIMOUSLY
2. Text Amendments: BCPED (B.C. Place/Expo District)
An application by the Director of Current Planning, was considered as follows:
Summary: The proposed amendment would clarify the permitted uses in sub-areas 6(a), 6(c) and 9 of the False Creek North Official Development Plan.
The Director of Current Planning recommended approval subject to the conditions set out in the agenda of the Public Hearing.
Staff Comments
Dave Thomsett, Senior Planner, advised he had no comments.
Summary of Correspondence
Council was advised 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.
Council Decision
MOVED by Cllr. Louis,
THAT the application by the Director of Current Planning to amend the text of BCPED (BC Place/Expo District) to clarify the permitted uses in sub-areas 6(a), 6(c) and 9 of the False Creek North Official Development Plan, be approved, subject to the following conditions:
(a) That, prior to enactment of the CD-1 By-law, the registered owner shall make arrangements, to the satisfaction of the Director of Legal Services not to seek permission to construct any permanent buildings in sub-areas 6(a), 6(c) and 9 until sub-area-specific rezonings have been approved and enacted.
- CARRIED UNANIMOUSLY
3. Rezoning: 1302 East 12th Avenue
An application by Tarsen Gill was considered as follows:
Summary: The proposed rezoning would permit the development of 15 residential units.
The Director of Current Planning recommended approval, subject to the conditions set out in the agenda of the Public Hearing.
Staff Comments
Dave Thomsett, Senior Planner, advised he had no comments.
Applicant Comments
The applicant had no comments.
Summary of Correspondence
Council was advised 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.
Council Decision
MOVED by Cllr. McCormick,
THAT the application by Tarsen Gill to rezone 1302 East 12th Avenue to permit the development of 15 residential units, 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, March 10, 2000", 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) provision of bicycle parking in accordance with guidelines approved by Council on December 5, 1991;
(ii) design development to increase sunlight access and openness of southerly rooms, entries and patios of units A1, A2 and A3, through a combination of split level floor plan, lower walkway elevation, lower courtyard elevation and raised floor levels in those units without substantially altering the proposed roof-line;
(iii) provision of secure access to and from underground parking;
(iv) design development of the landscape plan as follows:
· provision of 1 m (3.3 ft.) high wall or substantial fence with individual entry gates along Clark Drive and East 12th Avenue in order to provide more visual interest and visual penetration of this site;
· provision of landscape treatment at these entries which reinforces and individualizes them;
· provision of a larger more usable grass area in the courtyard without reducing proposed plant material;
· provision of minimum 6 cm Caliper trees along Clark Drive and East 12th Avenue;
· provision of one additional tree along the Clark Drive frontage;
· provision of specimen replacement tree (minimum 7 in. to 8 in. caliper) in the location of the former Cedar tree;
Note to Applicant: Prior to development permit approval, the applicant will be required to provide a receipt for purchase for the new specimen replacement tree and a letter of undertaking from a reputable Landscape contractor or a Tree Moving company, to the satisfaction of the Director of Planning).· provision of a landscape lighting plan for security purposes;
Note to Applicant: Lighting details can be added to the landscape drawings; all existing light poles should be shown; and
· all proposed patios and walkway hard surfaces should be illustrated and specified on the landscape plan. In order to increase site permeability in accordance with Engineering policies, proposed walkways and patios should be inter-locking pavers or other similar porous paving material.
(v) provision of a trellis with vines over the parking ramp;
(vi) provision of an acoustic design response which includes:
· an acoustical evaluation of the proposed development to be undertaken before and after completion, by an approved acoustical engineer;
· provision of a detailed list of all of the materials to be used, so as to ensure that the acoustical criteria will be met before construction begins;
· particular attention to the quiet time noise in the acoustical report, i.e. the noise between 10:00 p.m. and 7:00 a.m.;
· measures to ensure that the courtyard, or alternate outdoor amenity space, will meet 55 dBA; and
· where possible, location of the living rooms and particularly the bedrooms away from the roadway.
(vii) provision of a legal survey illustrating the following information:
1. Existing trees 20 cm caliper or greater on the development site; and
2. The public realm (property line to curb), including existing street trees, street utilities such as lamp posts, fire hydrants, etc., adjacent to the development site.
(c) THAT prior to enactment of the CD-1 By-law, the owner shall:
(i) make suitable arrangements, to the satisfaction of the Manager of Engineering Services, for all electrical and telephone services to be undergrounded within and adjacent to the site from the closest existing, suitable service point;
(ii) provide an agreement, to the satisfaction of the Director of Legal Services, to not discriminate against families with children in the sale of units; and
(iii) pay a Community Amenity Contribution of $682.00.
- CARRIED UNANIMOUSLY
4. Text Amendment: 941 Main Street (101 Terminal Avenue - CityGate)
An application by the Director of Current Planning was considered as follows:
Summary: The proposed text amendments would alter the permitted amount non-market housing and non-market housing parking on this existing CD-1 site.
The Director of Current Planning recommended approval, subject to the conditions set out in the agenda of the Public Hearing.
Staff Comments
John Jessup, Senior Housing Planner, reviewed the application, highlighting the changes to the original proposal. The shell of the proposed childcare centre would be built and turned over to the City, along with retail space. Net revenues from renting the retail and the childcare space would go into the Citys Childcare Endowment fund. The proposed amendments will compensate the developer for providing more floor space to the non-market housing project than required, and reduce the percentage of non-market housing required, as more units will be larger family units than originally proposed.
Summary of Correspondence
Council was advised 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.
Council Decision
MOVED by Cllr. Daniel Lee,
THAT the application by the Director of Current Planning to amend the CD-1 By-law for 941 Main Street (101 Terminal Avenue - CityGate) to alter the permitted amount of non-market housing and non-market housing parking on the existing CD-1 site, be approved subject to the following conditions:
THAT, prior to enactment of the CD-1 By-law:
(a) the LaFarge Site - Daycare Agreement be modified to require the developer to construct the shell of the daycare centre to be built at 941 Main Street (Lot Rem F, Blk. 23, D.L. 2037, Plans 22390 Expt Ptns in Plan VAP 23171 LMP 4780 & LMP 11301) but not finish or furnish it, on terms and conditions, to the satisfaction of the Director of Community Services and the Director of Legal Services;
(b) the Station LaFarge Site - Social Housing Agreement be modified to require the developer to dedicate 17.6% of units in CityGate for non-market housing and allocate 120,000 buildable square feet of floor space to (Lot Rem F, Blk. 23, D.L. 2037, Plans 22390 Expt Ptns in Plan VAP 23171 LMP 4780 & LMP 11301) on terms and conditions, to the satisfaction of the Director of the Housing Centre and the Director of Legal Services; and
(c) the LaFarge Site - Community Room Agreement be modified to delete the requirement that the developer provide a community room and add the requirement that the developer provide the retail space to be developed on the ground floor of the non-market housing project at 941 Main Street (Lot Rem F, Blk. 23, D.L. 2037, Plan 22390 Expt Ptns in Plans VAP 23171 LMP 4780 & LMP 11301) to the City at no cost, and to pay the City $200,000, on terms and conditions, to the satisfaction of the Managers of Facility Development and Real Estate Services and the Director of Legal Services.
- CARRIED UNANIMOUSLY
5. Text Amendment: 3003 Grandview Highway
An application by Brook Development Planning Inc. was considered as follows:
Summary: The proposed text amendment would allow highway oriented retail as a permitted use in this existing CD-1.
The Director of Current Planning recommended approval subject to the conditions set out in the agenda of the Public Hearing.
Staff Comments
Lynda Challis, Planner, briefly reviewed the application to permit highway oriented retail use along Grandview Highway. The application proposes to use an existing building for three separate retail units. The site generally conforms to Councils policies relating to the Still Creek CD-1 Guidelines and Highway Oriented Retail (HOR); Interim Rezoning Policies and Guidelines: Grandview/Boundary Industrial Area. Ms. Challis advised the applicant has requested amendments to two proposed conditions: the provision of a double-row of trees; and the eastern edge of the parking area. Staff recommend approval of the application subject to the conditions in the agenda package.
Applicant Comments
Chuck Brook, representing the applicant, explained the rationale for the requested amendments to the conditions:
· the existing site already has a parklike appearance; the site has mature trees and ground vegetation; the applicant will provide four additional willow trees on the site; the double row of trees will not enhance the site but will block views to the new retail site.
· the applicant requests the ability to expand the depth of the existing parking lot to try and compensate for the loss of parking elsewhere.Summary of Correspondence
Council was advised 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.
Applicant Closing Comments
Mr. Brook had no further comments.
Staff Closing Comments
Larry Beasley, Director of Current Planning, pointed out the proposed double row of street trees will assist to establish an identity on Grandview Highway and a sense of place. The City has established the policy to require the double row of trees along the street; if the condition is removed, it will be difficult to maintain it as a condition for other applications.
Council Decision
MOVED by Cllr. Puil,
THAT the application by Brook Development Planning Inc. to amend the CD-1 By-law for 3003 Grandview Highway to allow highway oriented retail as a permitted use in the existing CD-1, be approved, subject to the following conditions:
(a) THAT the proposed form of development be approved by Council in principle, generally as prepared by Opus Building Canada Inc., and stamped "Received City Planning Department, March 1, 2000, 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 main entries to the retail units to improve their visibility, transparency and accessibility from the street;
Note to Applicant: Main entries should be oriented to the street. Pedestrian interest and comfort at entries should also be provided through designed seating, signage, lighting and features that signal the buildings use.
(ii) design development to enhance the buildings expression to reflect a more industrial character for the precinct in addition to improving the transparency of the building facade;
Note to Applicant: Building articulation can be achieved by utilizing glazing, canopy and shading systems, as well as exposed structural components to articulate the facade and to avoid using stucco as an exterior finish. Windows in the upper portion of the facade would assist in increasing the transparency of the building.(iii) design development to the main building entries to provide generous weather protection that is designed to be an integral feature of the buildings architectural character;
Note to Applicant: Canopy and awning systems should consider integrated signage and lighting.
(iv) design development to indicate building and landscape lighting, including entry path lighting, that is integrated into the site design;
(v) design development to indicate the scale and scope of any proposed signage, noting that this signage should be subordinate to the design of the building;
(vi) design development to provide direct connection of the proposed on-site sidewalk for pedestrians to the sidewalk fronting on Grandview Highway;
(vii) design development to reconfigure the front parking and drive area in conjunction with a landscape plan that provides for an enhanced pedestrian experience;
Note to Applicant: The intent of the Highway Oriented Retail guidelines is to enhance the quality of the public realm. Design development should reduce the number of proposed parking areas within this area, increase permeable surfaces, and increase landscaping. Consider organizing this area around an entry court with defined circulation routes.
(viii) design development to take into consideration the principles of Crime PreventionThrough Environmental Design (CPTED), having particular regard to:
· graffiti - by providing a resistant coating to the rear and side of the building; and
· cutting through the site - by extending the chain-link fence along the entire rear property line along the BNR tracks;(ix) compliance with Section 4.4 Building Setback and Section 9.5 Drainage and Easement of the Still Creek CD-1 Guidelines. These sections state that the Greater Vancouver Sewage and Drainage District (GVSDD) channel is 12.2 m wide (west of Rupert Street) and that a 3.05 m landscaped building setback (from the GVSDD boundary) is required;
(x) removal of about 2.0 m of paving to the north of the current curb and the removal of the proposed small car parking spaces in front of Retail Unit C to provide the 3.05 m landscaped building setback (from the GVSDD boundary);
(xi) design development to decrease the area of lawn south of the Creek and provide a substantial natural planting using plants suggested in Section 8.2 Planting Material in the Still Creek CD-1 Guidelines;
(xii) provision of four additional Willow trees (Salix x chrysocoma) on the north bank of the Creek, two on each side of the existing Willows, spaced at 5.0 m;
(xiii) design development to provide a more substantial layered planting in the lawn area in the southwest corner of the site (refer to Section 8.2 Plant Material in the Still Creek CD-1 Guidelines);(xiv) provision of one additional tree in the 2.0 m landscape strip on the west property line;
Note to Applicant: Both trees in this area should be either 6 cm caliper Dogwood Eddies White Wonder (Cornus) or 3.5 m Shore Pine (Pinus contorta).
(xv) provision of a double row of street trees along Grandview Highway;
(xvi) redesign of the parking area to increase permeable surfaces in and around the front and side parking areas; and
(xvii) provision of oil interceptors in the parking lot to provide greater control on inputs to Still Creek.(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, for all new hydro and telephone services to be undergrounded from the closest existing suitable service point, including a review of the impact of the new site servicing to determine its effect on the neighbourhood (this could result in the service point being adjusted to reduce the impact on the surrounding neighbourhood);
(ii) make suitable arrangements, to the satisfaction of the Director of Planning, the Manager of Engineering Services and the Director of Legal Services, for the provision of a maximum 3.0 m (10 ft.) public right-of-way on the north and south sides of Still Creek, measured from the top of the bank, to provide public access in the form of a continuous trail as part of the Still Creek Greenway; and
(iii) make arrangements, to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services, for the provision of a 2.29 m (7½ ft.) wide public right-of-way adjacent the east property line of the site for a pedestrian connection between Grandview Highway and Hebb Avenue.
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 as Covenants 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.
- CARRIED
(Councillor Price and the Mayor opposed to
Condition (b)(xv))6. Rezoning: 395 West 5th Avenue
An application by John Currie, Architect, was considered as follows:
Summary: The proposed rezoning would permit the development of non-market housing units, sleeping units and multi-purpose space usable for emergency accommodation.
The Director of Current Planning recommended approval subject to the conditions set out in the agenda of the Public Hearing..
Staff Comments
Dave Thomsett, Senior Planner, reviewed the application, noting it is a unique proposal in the currently zoned industrial area. The application is for a 100% non-profit facility which will provide dwelling units of non-market housing, sleeping rooms for short-term emergency accommodation and a multi-purpose space for emergency shelter purposes. The proposal will not endanger the industrial base. One condition is the establishment of a community liaison contact to resolve any problems immediately related to parking or loitering concerns.
Mr. Thomsett also advised of the following error in the map, being Schedule A of the draft by-law: the map should be amended to show that only the westerly 30.175 m or 99 feet of Lot A is to be rezoned from I-1 to CD-1.
Applicant Comments
Andrea Finch, applicant, advised Lookout is now responsible for 5 facilities and provides food, beds, and outreach services. The proposed facility will provide non-market and sleeping spaces, amenity and courtyard spaces. The location is ideal: close to public transit, other social and health services, and borders on the industrial area.
Summary of Correspondence
Council was advised the following correspondence was received since the date the application was referred to Public Hearing:
· 14 letters in support of the application.
· Petition containing 15 names in support of the application.
· 49 similar letters in support of the application.
· 3 letters opposed to the application.Speakers
Mayor Owen called for speakers for and against the application.
The following spoke in support of the application:
· Gordon Davies, Chair, Mid-Town Health Committee
· Gillian Watson-Donald, Seniors Advisory/Disability Issues Committees
· Stella Tsang, St. Pauls Hospital Providence Health Care
· Barry Conroy, Vancouver Recovery Club
· Kathleen Boyes, Main & Hastings Housing Society
· Thor Kuhlmann
· Doug Samms, Salvation Army Harbour Light
· Envoy Gary Johnson, Salvation Army
· Nicky Stowell
· Paul McGillicuddy, PEHAC Mental Health
· Jim Edwards, Covenant House
· Reverend Brian Heinrich, Lutheran Urban Mission Society
· Patricia Joyce
· Alice Sundberg, BC Non-Profit Housing Association
· Andrew Campbell
· Harry Wyckoff, St. Augustines Church
· Jonn Olldym
· Kimiko Karpoff, Lower Mainland Network for Affordable Housing (brief filed)
· Mary MacDougal, Catholic Charities Raising the Roof
· Chris Morrissey, St. James Community Services Society
· Kris Anderson, Tenants Rights Action Coalition
· Arleen Paré, Vancouver Richmond Health Board
· Al Mitchell, The Lookout
· Brenda Dennis, Emergency Shelter
· Peter Robinson, Mt. Equipment Co-Op
The foregoing speakers supported the application based on one or more of the following points:
· the proposal will add to the stock of needed housing for the homeless;
· the project will be close to retail and transit;
· the project will provide an option for people who do not want to live in the Downtown Eastside area;
· the facility will offer a longer-term approach to get on the road to recovery;
· the facility will be located in close proximity to mental health organizations;
· the facility will provide a stable environment for the homeless;
· the Vancouver-Richmond Health Board fully supports the project and will be providing funding;
· the facility will be located in an area where the inhabitants will have better opportunities to find work;
· there is a need for such a facility in the area.
Donald Kydd, BCP Developments, (brief filed), opposed the application for the following reasons: it will be importing problems to the area; approval of the application will create problems for industrial users; the proposal should be made in a commercial orresidential area.
Council DecisionMOVED by Cllr. Bass,
THAT the application by John Currie, Architect, to rezone 395 West 5th Avenue to permit the development of non-market housing units, sleeping units and multi-purpose space usable for emergency accommodation, be approved, subject to the following conditions:
(a) THAT the map, being Schedule A to the rezoning by-law, be amended to show that only the westerly 30.175 m (99 ft.) of Lot A is to be rezoned from I-1 to CD-1.
(b) THAT the proposed form of development be approved by Council in principle, generally as prepared by John Currie, Architect, and stamped Received City Planning Department, April 17, 2000", 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 (c) below.
(c) 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 maximize opportunities to visually open up the entrance lobby and amenity area to strengthen the visual connection between the internal courtyard and the street;
(ii) design development to increase opportunities for daylight access to the lowest level of the courtyard;
Note to applicant: This could be achieved by either an eave line modification within the perimeter of the courtyard, expanding the courtyard depth, or lengthening the deck areas located on the west side of the courtyard and removing the roof over the uppermost deck;
(iii) design development to provide adequate landscaping to the courtyard and around the perimeter of the site;
(iv) submit a building program statement to clarify usage and separation of the long-term and short-term accommodation, resident lounge and laundry area and the dining and lounge areas on the main floor;
(v) provision of two curb ramps at the lane entry on the east side of Yukon Street;
(vi) provision of street trees adjacent the site where space permits;
(vii) garbage and recycling storage space are to be provided;
(viii) design development to take into consideration the principles of CPTED (Crime Prevention Through Environmental Design) having particular regard to:
- review the location of windows for the basement multi-purpose room for security reasons; investigate location along Yukon Street;
- reducing opportunities for theft in the underground by gating the ramp;
- increasing security and visibility in the underground in accordance to section 4.12 of the Parking By-law with consideration to painting the walls and ceiling white;
- reducing opportunities for graffiti on exposed walls along the lane, Yukon Street and 5th Avenue; and
- reducing opportunities for B&E, and mischief at exits.
(ix) the Lookout Emergency Shelter Society shall provide an undertaking, to the satisfaction of the Manager of the Housing Centre and the Director of Legal Services, to identify on a ongoing basis a community liaison contact, who will meet with any neighbouring property owner, business operator or resident within seven days to discuss difficulties associated with the operation of this facility.
(d) THAT prior to enactment of the CD-1 By-law, the registered owner shall:
(i) make arrangements to subdivide Lot A, to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services, to create the proposed development site, to include a dedication of the west 1.22 m (4 ft.); and
(ii) make arrangements for all hydro and telephone services to be undergrounded within and adjacent the site from the closest existing suitable service point.
- CARRIED UNANIMOUSLY
RISE FROM COMMITTEE OF THE WHOLE
MOVED by Cllr. Puil,
THAT the Committee of the Whole rise and report.
- CARRIED UNANIMOUSLY
ADOPT REPORT OF COMMITTEE OF THE WHOLE
MOVED by Cllr. Puil,
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
ENQUIRIES AND OTHER MATTERS
1. Leave of Absence - Councillor Sullivan
MOVED by Cllr. Don Lee,
SECONDED by Cllr. McCormick,
THAT Councillor Sullivan be granted Leave of Absence for September 26 and 27, 2000.
- CARRIED UNANIMOUSLY
The Special Council adjourned at 9:35 p.m.
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(c) 1998 City of Vancouver