CITY OF VANCOUVER1
CITY OF VANCOUVER
SPECIAL COUNCIL MEETING MINUTES
APRIL 10 AND 24, 2001
A Special Meeting of the Council of the City of Vancouver was held on Tuesday, April 10, 2001, 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 Heritage, Sign, and Zoning and Development By-laws and the Coal Harbour Official Development Plan. Subsequently, the meeting was recessed, and reconvened in the Council Chamber at 7:30 p.m. on Tuesday, April 24, 2001. The Minutes have been consolidated for ease of reference.
PRESENT: |
Mayor Philip Owen
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ABSENT
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Councillor Lynne Kennedy (Sick Leave)
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CITY CLERK'S OFFICE: |
Denise Salmon, Meeting Coordinator |
*Denotes presence for portion of the meeting
COMMITTEE OF THE WHOLE
MOVED by Cllr. Don Lee,
SECONDED by Cllr. McCormick,
THAT this Council resolve itself into Committee of the Whole, Mayor Owen in the Chair, to consider proposed amendments to the Heritage, Sign, and Zoning and Development By-laws and the Coal Harbour Official Development Plan.
- CARRIED UNANIMOUSLY
1. Heritage Designation: 154-156 East 7th Avenue
An application by Rick Erickson was considered as follows:
Summary: Designation of the building at 154-156 East 7the Avenue as a protected heritage building.
The Director of Current Planning recommended approval.
Staff Comments
Gerry McGeough, Heritage Planner, advised this was the first time an owner has volunteered to add his building to the Register and designate it in order to qualify for Alternative Compliance Methods for Heritage Buildings, a provision of the Building By-law.
Applicant Comments
Rick Erickson, the applicant, and James Cheng, Architect, advised they had no comments to add and were available to answer questions.
Summary of Correspondence
There was no correspondence received on this application since the date 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,
A. THAT Council amend the Vancouver Heritage Register to add the Williams Block at 154 -156 East 7th Avenue in the "B" category.
B. THAT Council approve the designation of the Williams Block at 154 -156 East 7th Avenue as a Protected Heritage Property.
C. THAT Council require a covenant to ensure the restoration of the exterior of the building is complete prior to the building being occupied.
- CARRIED UNANIMOUSLY
2. Text Amendment: 4066 Macdonald/2785 Alamein Avenue & 55-67 East Hastings Street
An application by the Director of Current Planning was considered as follows:
Summary: The proposed text amendment would amend the CD-1 By-laws for 4066 Macdonald Street/2785 Alamein Avenue and 55-67 East Hastings Street to clarify parking requirements and floor space exclusion provisions in two separate CD-1 by-laws.
The Director of Current Planning recommended approval.
Staff Comments
Phil Mondor, Rezoning Planner, was present to respond to questions.
Summary of Correspondence
There was no correspondence received on this application since the date it was referred to Public Hearing.
Speakers
Mayor Owen called for speakers for and against the application and none were present.
Council Decision
MOVED by Cllr. McCormick,
THAT the application by the Director of Current Planning to amend the CD-1 By-laws for 4066 Macdonald Street/2785 Alamein Avenue and 55-67 East Hastings Street to clarify parking requirements and floor space exclusion provisions in two separate CD-1 by-laws be approved.
- CARRIED UNANIMOUSLY
- - - - -
At this point in the meeting Council agreed to vary the agenda to deal with items 4 and 6 next, as neither had speakers, then items 3 and 5. The Minutes are recorded sequentially for clarity.
- - - - -
4. Sign By-law: 88 West Pender Street (International Village)
An application by Henderson Development (Canada) Ltd. was considered as follows:
Summary: The proposed amendment to the Sign By-law would alter the custom-tailored site-specific sign regulations which apply to 88 West Pender Street (International Village).
The Director of Current Planning recommended approval.
Staff Comments
Pat Johnson, Planner, was present to respond to questions, and with the aid of photo boards demonstrated the signs not in compliance with the current by-law.
Summary of Correspondence
There was no correspondence received on this application since the date it was referred to Public Hearing.
Speakers
Mayor Owen called for speakers for and against the application and none were present.
Council Decision
MOVED by Cllr. Sullivan,
THAT the application by Henderson Development (Canada) Ltd. to amend the Sign By-law for 88 West Pender (International Village) to permit alteration of the custom-tailored site-specific sign regulations which apply to International Village be approved.
- CARRIED
(Councillor Louis opposed)
6. Text Amendment: 3602 Vanness Avenue (Collingwood Village)
An application by Concert Properties Ltd. was considered as follows:
Summary: The proposed text amendment for 3602 Vanness Avenue (Collingwood Village) would alter the form of development of sub-areas 7, 8 & 10 by adjusting tower locations, height and floorplates and increasing the amount of open space.
The Director of Current Planning recommended approval subject to conditions set out in the agenda before Council this evening.
Staff Comments
Lynda Challis, Planner, provided a brief overview of the application.
Applicant Comments
Linda Moore, Concert Properties Ltd., in response to a question from Council advised Council will be provided with an update on the status of accessible balconies in Collingwood Village.
Summary of Correspondence
There was no correspondence received on this application since the date it was referred to Public Hearing.
Speakers
Mayor Owen called for speakers for and against the application and none were present.
Council Decision
MOVED by Cllr. McCormick,
THAT the application by Concert Properties Ltd. to amend the CD-1 By-law for 3602 Vanness Avenue (Collingwood Village) to permit alteration of the form of development of sub-areas 7, 8 & 10 by adjusting tower locations, height and floorplates and increasing the amount of open space be approved subject to the following conditions:
Clause 6 Cont'd
(a) THAT the proposed schematic development be approved by Council in principle, generally as prepared by Concert Properties Ltd., and stamped "Received City Planning Department, September 14, 2000", specifically in relation to the siting of buildings, development of ground plane, general building heights and massing, to be further articulated with design guidelines which will guide and adjudicate the scheme through the development permit process.
(b) THAT amendments to the "Joyce/Vanness CD-1 Guidelines" be submitted for final approval at the time of by-law enactment.
(c) THAT, prior to approval by Council of the form of development for each portion of the project, 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 take into consideration the principles of Crime Prevention Through Environmental Design (CPTED) having particular regard for:
- reducing opportunities for cutting through the blocks while maintaining visual permeability,
- reducing opportunities for theft in underground parking,
- reducing opportunities for break and enter into residential units, and
- reducing opportunities for vandalism such as graffiti; and
(ii) design development to the architectural treatment of the two taller towers to emphasize their "signature" role including:
- highlighting tower lobbies and lower level treatment facing the East Park (Public Realm); and
- reinforcing the proposed "shoulder" massing as depicted in the model, through materials, detailing and colour; and
(iii) design development for bicycle parking combined with bulk storage to ensure that Parking By-law requirements are met to the satisfaction of the General Manager of Engineering Services and the Director of Planning, and to:
(1) provide high quality locker construction and security features;
(2) locate bicycle parking no lower than the first complete parking level below grade.
Note to Applicant: Bicycle parking portion of the storage locker must be in excess of the bulk storage requirement.
Clause 6 Cont'd
(d) THAT, prior to enactment of the CD-1 By-law, the registered owner shall, at no cost to the City:
(i) make arrangements, to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services for:
(1) clarification of all charges registered in the Land Title Office against title to the lands (a charge summary, including copies of all charges, must be provided) and modification, extension or release of any charges deemed necessary by the Director of Legal Services;
Note: This will clarify any servicing requirements that may stem from the various servicing agreements currently charged to title of the land.
(2) dedication of a 2.0 m strip of land from lots A, B, C and D adjacent Vanness Avenue.
Note: This requirement will not supercede any provisions for a similar dedication that may be required from the servicing agreements charged to the title of the lands.
- CARRIED UNANIMOUSLY
3. Text Amendment: 201 Burrard Street (Burrard Landing)
An application by Ron Lea, Baker McGarva Hart Architecture was considered as follows:
Summary: The proposed text amendment would amend the CD-1 By-law No. 7679 and the Coal Harbour Official Development Plan, By-law No. 6754, to allow in Sub-Area 1 increases in the height of two buildings and Hotel and Live/Work uses.
The Director of Current Planning recommended approval of Option A - 122 m (400 feet); subject to the conditions as set out in the agenda before Council this evening, and submitted for Council's consideration Option B - 130.5 m (428 feet); and Option C -Applicant's Request - 135.4 m (444 feet).
Clause 3 Cont'd
Staff Comments
Phil Mondor, Rezoning Planner, provided a review of the site and its present zoning, the application, the issues raised by the application, the reasons staff support the application, except for the proposed height of the hotel tower, the public input, and some procedural matters related to the application.
Also before Council was a memorandum dated April 10, 2001, (circulated at the meeting) from Phil Mondor, Rezoning Planner advising of a required revision to the Draft CD-1 By-law to correct an oversight to a portion of one of the CD-1 by-law provisions. If Council were to recommend approval of the application, staff recommended the following amendment to the draft CD-1 By-law:
THAT section 8 in the draft CD-1 By-law is amended by deleting (b) and substituting the following:
"combined residential and general office (live/work) uses shall provide a minimum of 1 space for premises equal to or less than 100 m2 in gross floor area, a minimum of 2 spaces for premises greter than 100 ma in gross floor area, and a maximum that is 10 percent greater than the minimum requirement".
Applicant Comments
James Cheng, James K.M. Cheng Architects and Graham McGarva, Baker McGarva Hart Architecture, on behalf of the applicant, introduced team members, described the project with the aid of display boards, and provided Council with a PowerPoint presentation which highlighted the impact of the three height options for the proposed hotel tower at Burrard/Cordova.
Summary of Correspondence
Council was advised the following correspondence was received since the date the application was referred to Public Hearing:
· one letter in support of Option B and C
· one letter opposed to Option C
Speakers
Mayor Owen called for speakers for and against the application.
Clause 3 Cont'd
The following delegations spoke in favour of the application and supported either Option B or C for the proposed hotel tower height; their comments are summarized below:
Frank Musson, Musson Cattell Mackey Partnership,
on behalf of OMERS Realty Corporation (brief filed) (pro Option B or C)
Charles Brook, Brook Development Planning Inc.
On behalf of Delta Land Corporation
V. Philip Boname, Urbanics (pro Option C)
· concern with Option A, as a lower hotel tower height will likely result in the extension of a wing above the ballroom podium level and have major impacts on the view of tenants in the lower floors of both the Marine Building and Guinness Tower
· support in principle for the proposed changes in use and height on Parcels 2A and 2B, Sub Area 1, with either Option B or C
· OMERS are seeking reassurance that any residual density, not absorbed by the proposed Trade and Convention Centre, would be dealt with off site
· the need for a first class major hotel that can serve the proposed Trade and Convention Centre and is best achieved with a tall slim tower
· the need to preserve the silhouettes of the North Shore Mountains and create a skyline of prominence and significance; tall slender buildings would allow for this
· stay away form Option B - it is a compromise
Sue Grant, area resident, spoke in opposition to the application and noted the proposal does not respect the landmark Marine Building. With the aid of photographs (circulated at the meeting and on file) Ms. Grant depicted the views lost, including that of Stanley Park.
Applicant Closing Comments
Mr. McGarva advised there is no room for precedence in approving Option C; there is only one waterfront. Mr. Cheng had no further comments.
Staff Closing Comments
In response to comments made related to loss of views, Mr. Mondor advised the recommended Option A would provide residents of the Terminal City Club Tower with a sliver view from many units, as opposed to no view in staff's original proposal.
Council Decision
Council discussed at length the need to balance equity versus architecture, the erosion of view corridors, the irreversible intrusion of views into the Coast Range, and the need for a design to compliment the adjacent Marine building. Concerns were also raised with
Clause 3 Cont'd
respect to the potential of creating a monotonous skyline if all in-fill on the north side of False Creek was built to a uniform level.
MOVED by Cllr. Puil,
THAT the application by Ron Lea, Baker McGarva Hart Architecture for amendments to the Zoning and Development By-law, and the application by the Director of Current Planning to amend the Coal Harbour Official Development Plan, to allow in Sub-Area 1 increases in the height of two buildings and Hotel and Live/Work uses, including the maximum building height on development parcel 2A (proposed hotel tower at Burrard/Cordova) as set out in Option A, be approved subject to the conditions as set out in the agenda.
FURTHER THAT Section 8 in the draft CD-1 By-law be amended by deleting (b) and substituting the following:
"combined residential and general office (live/work) uses shall provide a minimum of 1 space for premises equal to or less than 100 m² in gross floor area, a minimum of 2 spaces for premises greater than 100 m² in gross floor area, and a maximum that is 10 percent greater than the minimum requirement,"
- LOST
(Councillors Clarke, Kennedy, Sullivan, Daniel Lee, Don Lee,
Louis, McCormick, and the Mayor opposed.)
MOVED by Cllr. Sullivan,
A. THAT the application by Ron Lea, Baker McGarva Hart Architecture for amendments to the Zoning and Development By-law, and the application by the Director of Current Planning to amend the Coal Harbour Official Development Plan, to allow in Sub-Area 1 increases in the height of two buildings and Hotel and Live/Work uses, including the maximum building height on development parcel 2A (proposed hotel tower at Burrard/Cordova) as set out in Option C, be approved subject to the following conditions:
FORM OF DEVELOPMENT
APPROVAL (a) THAT the illustrative form of development for Parcel 2A prepared by Baker McGarva Hart Architecture and the proposed form of development for Parcel 2B prepared by James KM Cheng Architects, and stamped "Received, City Planning Department, February 15, 2001", be approved by Council in principle, provided that the Director of Planning, or
Clause 3 Cont'd
Development Permit Board, may allow alterations to the form of development when approving the detailed scheme of development as outlined in (b) below.
[NOTE: The form of development for the proposed hotel on Parcel 2A will be presented to Council for approval when the program requirements for the hotel are finalized by a property owner and submitted in a development application.]
DEVELOPMENT
APPROVAL (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, or Development Permit Board, who shall have particular regard to the following:
DESIGN
DEVELOPMENT For development on Parcels 2A and 2B:
(i) design development to the lower level massing of both towers, to better relate to one another and to break down the scale of high podium elements, including a lowering of the height of the hotel podium if possible;
(ii) design development to the lower level facade treatments on both sites, to provide continuous weather protection for pedestrians;
(iii) design development to the massing and articulation of both towers, to refine and clarify the architectural treatments, and to maximize their slimness, noting their prominence on the skyline;
For Phase 1 development - Parcel 2B (Office and Live/Work):
(iv) design development to the public open space area adjacent to Thurlow Street on Parcel 2B, to provide a high quality treatment with special paving, seating, lighting, trees and landscaping appropriate to its use and function, taking into account the Plaza Design Guidelines;
(v) design development to the shared vehicular arrival plaza on Parcel 2B, to provide high quality pedestrian amenity and treatment commensurate with its highly public use and function, and to provide an attractive overlook from neighbouring towers;
Clause 3 Cont'd
(vi) design development to the northerly interface of the building on Parcel 2B with the future extension of the Canada Place viaduct, to ensure that a normalized, positive, active pedestrian relationship with the street can exist should street grade levels be lowered if the Trade and Convention Centre proposal for Sub-Area 2 does not proceed in future;
For Phase 2 development - Parcel 2A (proposed Hotel):
(vii) design development to the architectural treatment of the Burrard Street facade of the proposed tower on Parcel 2A, to relate positively to the adjacent Marine Building, noting the landmark role of this heritage building;
(viii) design development to the architectural treatment and massing of the tower, to maximize the slimness of the tower top and reduce its bulkiness, and to meet view cone height restrictions;
Note to applicant: some massing may be redistributed from the top of the tower to lower floors above the podium while minimizing as much as possible the view blockage of such building mass on Marine Building views.
(ix) design development to the ground level setbacks and treatment of the exit stairways from the podium levels above, to minimize their impacts on the pedestrian use of the adjacent public realm, and the extent of blank walls along the sidewalks;
CPTED (x) design development to take into consideration the principles of CPTED (Crime Prevention Through Environmental Design) having particular regard to:
- keeping the under deck parking visibly open to Waterfront Road and the SkyTrain rail line to maximize surveillance while keeping the parking area secure with decorative grillwork and security measures such as overhead gating, separation of user groups, and glassed-in vestibules for the shuttle elevators serving the parking,
- locating perimeter exit stairs within the building structure and ensuring that alcoves will not be created on the street, and
Clause 3 Cont'd
- reducing opportunities for skateboarding and mischief in the public plazas;
TRANSPORTATION
(xi) Provide a complete Bus Management Plan, to the satisfaction of the General Manager of Engineering Services, to regulate the operation, circulation, loading/unloading, parking and storage of tour buses serving Parcel 2A, as called for in City Council's approval of the Bus Impact Task Force recommendations; and
PARKING (xii) Parking, loading, bicycle parking and off-street taxi, bus, and car passenger spaces are to be provided according to the provisions of the Parking By-law, to the satisfaction of the Director of Planning in consultation with the General Manager of Engineering Services.
DESIGN
GUIDELINES (c) THAT the proposed revised designed guidelines entitled "Burrard Landing (201 Burrard Street) CD-1 Guidelines" be adopted by resolution of Council at the time of enactment of the CD-1 By-law.
AGREEMENTS
(d) THAT, prior to enactment of the CD-1 By-law, the registered owner shall, at no cost to the City:
CHARGE
SUMMARY (i) Make suitable arrangements to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services for clarification of charges shown on title (a charge summary should be provided) and, if necessary, for the modification, release, extension or replacement of such charges, on terms acceptable to the Director of Legal Services.
SUBDIVISION
PLAN (ii) Subdivide existing Lots 28, 29 and 30 to create Lots 1, 2 and 3 consistent with the reconfiguration of development parcels 2A, 2B and 2C.
[NOTE: THIS SUBDIVISION WILL OCCUR BEFORE REZONING IS ENACTED, SO THE AGREEMENTS WILL APPLY TO THE NEW LOTS.)
NO-DEVELOPMENT
COVENANT FOR PARCELS
2A AND 2C (iii) Execute an agreement, on terms acceptable to the Director of Legal Services, that prohibits the development of Parcel 2A (proposed Lot 1) and Parcel 2C (proposed Lot 3) until such time as (1) access to both parcels has been resolved to the satisfaction
Clause 3 Cont'd
of the General Manager of Engineering Services, and (2) any rights of way that may be required, to the satisfaction of the General Manager of Engineering Services, are secured on terms acceptable to the Director of Legal Services.
ACCESS TO
PARCEL 2B (iv) Execute an agreement, on terms acceptable to the Director of Legal Services, to secure access to the service level parking and loading facilities located on Parcel 2B (proposed Lot 2) to the satisfaction of the General Manager of Engineering Services.
SERVICES
AGREEMENT (v) Execute a modification to the existing Services agreement, on terms acceptable to the Director of Legal Services, to secure a temporary walkway adjacent to Parcel 2A and Parcel 2B, on the north side of the 1000 block of Cordova Street between Thurlow Street and Burrard Street, until these parcels are developed and a permanent sidewalk can be provided along the north side of the 1000 block of Cordova Street between Thurlow Street and Burrard Street to the satisfaction of the General Manager of Engineering Services.
RIGHT OF WAY
FOR SIDEWALKS (vi) Execute an agreement, on terms acceptable to the Director of Legal Services, to secure a sidewalk right of way through the lands including the obligations for support and maintenance, to the satisfaction of the General Manager of Engineering Services.
STREET
LANDSCAPING (vii) Execute an agreement, on terms acceptable to the Director of Legal Services, to secure installation, maintenance, irrigation and support of all street trees and landscaping features to be located in the road dedication adjacent to Parcels 2A and 2B, to the satisfaction of the General Manager of Engineering Services.
FIRE ACCESS FOR
LOTS 1 AND 2 (viii) Execute an agreement, on terms acceptable to the Director of Legal Services, to secure access and specific construction details for fire and emergency access to Parcels 2A and 2B, via the arrival plaza, off Cordova Street, to the satisfaction of the General Manager of Engineering Services.
RIGHT OF WAY FOR THE
ARRIVAL PLAZA (ix) Execute an agreement, on terms acceptable to the Director of Legal Services, to secure mutual access rights for Parcels 2A and 2B for the shared use of the arrival plaza, including provision for bus parking and loading, to the satisfaction of the General Manager of Engineering Services.
Clause 3 Cont'd
PUBLIC OPEN
SPACE (x) Execute an agreement, on terms acceptable to the Director of Legal Services, to secure public access rights to, and maintenance of, the Thurlow Street plaza on Parcel 2B, to the satisfaction of the Director of Planning and the General Manager of Engineering Services.
DAY CARE
AGREEMENT (xi) Noting that the existing agreement to construct, finish and fit-up a 37-space licensed childcare facility on Parcel 2B will remain in full force and effect, amend the existing agreement respecting the payment-in-lieu contribution, on terms acceptable to the Director of Legal Services, to reflect any changes to the payment-in-lieu amount resulting from the rezoning of Parcels
2A and 2B, to the satisfaction of the Director of Social Planning.
PUBLIC ART
AGREEMENT (xii) NOTE: The existing agreement calls for Option C under the City's Public Art for Private Development Program, the owner may, prior to issuance of the Development Permit, amend the existing agreement, to the satisfaction of the Director of Social Planning and on terms acceptable to the Director of Legal Services, to elect Option A, B, or C.
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.
Clause 3 Cont'd
B. THAT Section 8 in the draft CD-1 By-law be amended by deleting (b) and substituting the following:
"combined residential and general office (live/work) uses shall provide a minimum of 1 space for premises equal to or less than 100 m² in gross floor area, a minimum of 2 spaces for premises greater than 100 m² in gross floor area, and a maximum that is 10 percent greater than the minimum requirement,"
- CARRIED
(Councillors Bass, Don Lee, McCormick, Price and Puil opposed)
- - - - -
At this point in the proceedings the Mayor sought direction from Council on whether to proceed with the following item due to the lateness of the hour and the number of registered speakers. Council agreed to continue the Public Hearing on April 24th, but allowed those unable to attend on that date to speak this evening. Minutes for Item 5 have been consolidated for ease of reference.
- - - - -
5. Rezoning: 1175 Broughton Street
An application by Studio One Architects was considered as follows:
Summary: The proposed rezoning of 1175 Broughton Street would permit congregate housing, a multi-purpose church hall and parking for the development and the adjacent church.
The Director of Current Planning recommended approval subject to conditions set out in the agenda before Council this evening.
Staff Comments
Lynda Challis, Planner, described the proposal and groups supporting the project and provided a brief overview of the zoning issues of use and density. Ms. Challis further outlined the proposed conditions of approval and highlighted where the applicant and City staff are not in agreement. Anne Kloppenborg, Social Planner, spoke on behalf of the congregate working group and advised affordable congregate housing is needed and difficult to achieve in Vancouver. Ms. Kloppenborg recognized the significant contribution the church is making to this project and the crucial support on the part of the Health Board. Paul Pinsker, Parking Engineer, provided comments on parking issues.
- - - - -
NOTE FROM CLERK: The following By-law was adopted at the conclusion of the April 10th portion of the Public Hearing.
- - - - -
RISE FROM COMMITTEE OF THE WHOLE
MOVED by Cllr. McCormick ,
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. Price,
THAT the report of the Committee of the Whole regarding item 1 be adopted, and the Director of Legal Services be instructed to prepare and bring forward the necessary by-law amendments.
- CARRIED UNANIMOUSLY
BY-LAWS
1. A By-law to designate heritage property, and to amend By-law No. 4837, being the Heritage By-law (154-156 East 7th Avenue) By-law No. 8330
MOVED by Cllr. McCormick,
SECONDED by Cllr. Clarke,
THAT the By-law be introduced and read a first time.
- CARRIED UNANIMOUSLY
The By-law was read a first time and the Presiding Officer declared the By-law open for discussion and amendment.
There being no amendments, it was
MOVED by Cllr. McCormick,
SECONDED by Cllr. Clarke,
THAT the By-law be given second and third readings and the Mayor and City Clerk be authorized to sign and seal the By-law.
- CARRIED UNANIMOUSLY
COMMITTEE OF THE WHOLE
MOVED by Cllr. Puil,
SECONDED by Cllr. Sullivan,
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
5. Rezoning: 1175 Broughton Street (Cont'd)
Applicant Comments
Chuck Brook, Brook Development Planning Inc. representing the applicant, introduced Gil Luyten, representing Columbus Charities. Mr. Luyten provided details of the non-profit association, and noted its mandate is to build affordable housing for seniors. Mr. Brook, with the aid of photographs and a model, provided Council with details of the project and noted concerns with specific conditions of approval, including staff's recommended setback from Davie Street, and the need for separation by a solid wall between the church hall and the congregate housing common area. Mr. Brook also requested Council exempt this project from paying the Community Amenity Contribution.
Summary of Correspondence
Council was advised the following correspondence was received since the date the application was referred to Public Hearing:
· four letters in support
· two letters opposed
· one petition containing 135 signatures
· one other
Speakers
Mayor Owen called for speakers for and against the application.
The following delegations, while not opposed to seniors congregate housing being built in the West End, expressed concerns with the proposed rezoning of 1175 Broughton; their comments are summarized below:
Tim Pawsey, area resident
Mark Moore, area resident
Ross Waring, area resident
Clause 5 Cont'd
Heather Pawsey, area resident
Wendy Stephenson, area resident
· concern with scale, density and possible future uses of the project
· the number of proposed parking spaces, the use of the proposed multi-purpose church hall, and the use and impact of the commercial kitchen, which will require frequent deliveries
· all traffic will enter and exit from the lane between Davie and Pendrell, this activity will be immediately across from several low-rise residential buildings, which will be impacted adversely by the noise, exhaust and loss of sunlight
· fear this rezoning will create a precedent for lots on both sides of lane, altering the low-rise residential character of the immediate neighbourhood
· a smaller, lower building, with fewer parking spaces, housing around 66 units would be both viable and have less adverse impact on the neighbourhood
· the project should be harmonious in keeping with the character of the neighbourhood
The following delegations spoke in support of the proposed rezoning of 1175 Broughton Street; their comments are summarized below:
Florence Runge (brief filed)
Sissy Rodden
Florence Benoit
Margaret Raine
Linda Thomas, Vancouver Richmond Health Board
Kay Neilson
Darlene Thompson (petition filed)
· the proposed seniors housing project would benefit the west end area, which is in need of affordable housing for the elderly
· aesthetics are more important than setbacks
· underground parking would not adversely affect nearby residents, only passenger vehicles would enter from the lane, and only a small number of residents own cars
· facilities that offer meals are ideal for seniors, and the need for familiar surroundings for the elderly as they age is very important
· this type of facility allows seniors to stay independent longer, is a better alternative for health care and less expensive than extended care
· this project will help lower income seniors
· request Council support this and similar projects to give opportunities to those seniors who have few other options
Clause 5 Cont'd
Staff Closing Comments
Ms. Challis summarized and clarified the options and design conditions for the project, and provided staff's rationale for the need of setbacks along the lane and Davie Street. In response to questions from Council, Ms. Challis provided possible wording if Council were to approve amendments to conditions, including the setback issue, and further noted the by-law could be amended if Council wished to further limit the amount of parking available and/or restrict rental of parking to third parties, with limited exceptions. The importance of a means to separate the residents' amenity space from church hall space was also highlighted. Wording to forego the community amenity contribution was also offered if Council wished to stay with the spirit of the CAC policy.
Council Decision
Council discussed potential impacts of both staff's recommended 20 foot setback on Davie and the applicants requested 15 foot setback, the ability to provide relief on the Community Amenity contributions, issues related to the number of parking spaces to be provided, and type of separation required between the church hall and seniors' amenity space.
MOVED by Cllr. Clarke
A. THAT the application by Studio One Architects to rezone 1175 Broughton Street to permit congregate housing, a multi-purpose church hall and parking for the development and the adjacent church be approved with the following amendments to the conditions as set out in the agenda:
(b) (i) the setback along Davie be 15 feet;
(ii) design development to provide a 0.6 - 0.9 m (2-3 ft.) planter for landscaping along the lane if it can be done without substantially increasing project costs;
(x) (1) separation by a fixed wall (soundproofed), with door or gracious double doors to allow for passage of people with mobility requirements, between the church hall and congregate housing common area;
(c) (iv) pay to the City a Community Amenity Contribution of $65,064.35, unless a Covenant is registered to secure an appropriate number of units for appropriate number of residents to the satisfaction of the Director of Housing and Director of Legal Services, and consistent with the rents proposed.
Clause 5 Cont'd
B. THAT Section 5 of the draft CD-1 By-law be amended to allow up to 74 parking spaces; and
FURTHER THAT parking not be rented out for parking other than related to church, church hall, and congregate care facility activities.
- amended
AMENDMENT MOVED by Cllr. Puil,
THAT condition (b) (i), be amended to read:
(i) design development to reduce the impact of the increased density on Davie Street, by increasing the setback along Davie as close as practical to 6.1 m (20 ft.) while minimizing impacts on project costs ;
- CARRIED
(Councillors Bass, Clarke and the Mayor opposed)
(Councillors Kennedy, Daniel Lee and Don Lee not present for the vote)
AMENDMENT MOVED by Cllr. Bass,
"THAT Section 5 of the draft CD-1 By-law be amended to replace 74 with 55 parking spaces.
- LOST
(Councillors Clarke, Louis, McCormick, Puil, Sullivan and the Mayor opposed)
(Councillors Kennedy, Daniel Lee and Don Lee not present for the vote)
MOTION AS AMENDED:
A. THAT the application by Studio One Architects to rezone 1175 Broughton Street to permit congregate housing, a multi-purpose church hall and parking for the development and the adjacent church be approved subject to the following conditions:
(a) That the proposed form of development be approved by Council in principle, generally as prepared by Studio One Architects, and stamped "Received City Planning Department", October 19, 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.
Clause 5 Cont'd
(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 reduce the impact of the increased density on Davie Street, by increasing the setback along Davie as close as practical to 6.1 m (20 ft.) while minimizing impacts on project costs ;
(ii) design development to provide a 0.6 - 0.9 m (2-3 ft.) planter for landscaping along the lane if it can be done without substantially increasing project costs;
(iii) design development to improve and lighten the appearance of the top floor through architectural treatment and expression;
Note to applicant: The use of additional glazing, colour, or detailing approaches should all be explored.
(iv) design development to reduce the height of the proposed elevator penthouse;
(v) design development to provide more direct pedestrian access from Broughton Street to the proposed church hall use;
(vi) design development to enhance the residential character of the Davie Street facade and increase pedestrian interest by providing a limited, sunny patio area in the Davie Street side yard, and access from the adjacent dining area;
Note to applicant: A more residential treatment of the three glazed dining room bays at the main floor level, and the provision of an appropriately detailed canopy is recommended.
(vii) design development to improve the relationship to the public realm (sidewalks) by further articulating the stone retaining wall;
(viii) design development to improve pedestrian interest and public amenity by providing additional landscape elements at the corner of Davie and Broughton Streets;
(ix) design development, generally in accordance with draft congregate housing guidelines, to:
Clause 5 Cont'd
(1) provide a minimum dining room size of _ of 2 m² (21.5 sq. ft.) per unit and an operating plan to indicate that residents and visitors can be accommodated;
(2) provide an area adjacent to the dining room suitable for parking walkers;
(3) provide a minimum of 97.5 m² (1,050 sq. ft.) of usable ground floor amenity space for the exclusive use of the residents of the building and a minimum of 46.3 m² (498 sq. ft.) of usable amenity space on the 3rd floor;
(4) re-configure unit design to move the kitchenette closer to the living area. Stove tops adjacent to entrance doors are not acceptable;
(5) re-configure unit designs to increase useable living space;
(6) re-configure unit washrooms to enlarge the shower area to:
· provide space for a permanent seat and grab bars;
· allow more access to the shower area so that a second person can assist the resident;
(7) provide a minimum of 1.5 m (5 ft.) length of closet space in each unit;
(8) provide useable and accessible storage in individual units or elsewhere in the building for large personal items belonging to residents of the congregate housing units;
(9) provide usable storage in the common areas for tables, chairs, equipment, games, movies, etc.;
(10) enlarge or combine the amenity rooms on the upper floors (2nd to 8th floors) to make the space more useable;
Note to applicant: Amenity room dimensions of 2.7 m (9 ft.) by 6.1 m (20 ft.) restrict usability. Consider amalgamating some amenity space rooms to provide more functional space.
(11) consider relocating wheel-chair accessible units to 2nd and 3rd floor;
Clause 5 Cont'd
(x) design development of the ground floor, including stairs and elevators, to designate separate space for church hall use and congregate housing use, to the satisfaction of the Director of Planning, Director of Social Planning and Director of the Housing Centre, and having particular regard to:
(1) separation by a fixed wall (soundproofed), with door or gracious double doors to allow for passage of people with mobility requirements, between the church hall and congregate housing common area;
(2) public access between the parking garage, church hall and church;
Note to applicant: The public and church members should not use the elevator and stairs intended for the congregate housing residents. An additional elevator may be required.
(3) wheelchair access to the church hall; and
(4) washrooms for the church hall users.
(xi) provision of a fire safety plan which includes 24 hour staff assistance to residents in case of an emergency;
(xii) design development to ensure Vancouver Building By-law building permit requirements are anticipated at the development permit stage (eg. fire separation, disabled access, areas of refuge);
(xiii) design development to take into consideration, the principles of Crime Prevention Through Environmental Design (CPTED) having particular regard to:
(1) reducing opportunities for theft in the underground by gating the underground at the ramp;
(2) increasing safety and security in the underground in accordance with section 4.12 of the Parking By-law by partially glazing exit stair doors and giving consideration to painting the walls and ceilings white;
(3) reducing opportunities for graffiti on the lane;
Clause 5 Cont'd
(4) reducing opportunities for mischief and B&E along the lane;
(xiv) provision of a legal survey illustrating the following information:
(1) existing trees 20 cm caliper or greater on the development site;
(2) the public realm (property line to curb), including existing trees, street utilities such as lamp posts, fire hydrants, etc. adjacent to the development site; and
(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 Director of Legal Services and the Approving Officer, to consolidate lots 19 and 20, Block 49, D.L. 185, Plan 92;
(ii) 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 it's effect on the neighbourhood (this could result in the service point being adjusted to reduce the impact on the surrounding neighbourhood);
(iii) register a legal agreement against title to the lands in a form satisfactory to the Director of Legal Services, providing that the owner of the rental congregate housing development shall not strata-title any of the units;
(iv) pay to the City a Community Amenity Contribution of $65,064.35, unless a Covenant is registered to secure an appropriate number of units for appropriate number of residents to the satisfaction of the Director of Housing and Director of Legal Services, and consistent with the rents proposed;
(v) register a legal agreement to the lands, in form and substance and with priority satisfactory to the Director of Legal Services, to secure the parking spaces required for the adjacent site (as described in Section 5(b) of the draft CD-1 By-law), and to cause the adjacent site owner to covenant to the City in that agreement not to permit anyone other than users of the church to park in those parking spaces or in any other parking spaces on the lands which the developer (Columbus Charities) may allocate from time to time to the adjacent owner.
Clause 5 Cont'd
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 is considered advisable by the Director of Legal Services, and otherwise, to the satisfaction of the Director of Legal Services, prior to enactment of the by-law; provided, however, the Director of Legal Services may, in her sole discretion and on terms she considers advisable, accept tendering of the preceding agreements for registration in the appropriate Land Title Office, to the satisfaction of the Director of Legal Services, prior to enactment of the by-law.
The preceding agreements shall provide security to the City including indemnities, warranties, equitable charges, letters of credit and withholding of permits, as deemed necessary by and in a form satisfactory to the Director of Legal Services.
The timing of all required payments shall be determined by the appropriate City official having responsibility for each particular agreement, who may consult other City officials and City Council.
B. THAT Section 5 of the draft CD-1 By-law be amended to allow up to 74 parking spaces; and
FURTHER THAT parking not be rented out for parking other than related to church, church hall, and congregate care facility activities.
- CARRIED UNANIMOUSLY
(Councillors Kennedy, Daniel Lee and Don Lee not present for the vote.)
RISE FROM COMMITTEE OF THE WHOLE
MOVED by Cllr. McCormick,
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. Bass,
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 11:03 p.m. on April 10, 2001,
and
adjourned at 10:36 p.m. on April 24, 2001.
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