Public Hearing Minutes - June 5/26/28/July 10, 2001

CITY OF VANCOUVER

SPECIAL COUNCIL MEETING MINUTES

JUNE 5, 26, 28 and July 10, 2001

A Special Meeting of the Council of the City of Vancouver was held on Tuesday, June 5, 2001, at 7:30 p.m., in the Council Chamber, Third Floor, City Hall, for the purpose of holding a Public Hearing to consider Heritage Designation and a Heritage Revitalization Agreement for 3838 Cypress Street, which would vary certain aspects of the First Shaughnessy Official Development Plan By-law, the Zoning and Development By-law and the Subdivision By-law. The meeting was reconvened at 7:30 p.m. on June 26, 7:40 p.m. on June 28, and 7:50 p.m. on July 10, 2001, with the same members present except Councillor Sullivan, who was absent on July 10, 2001.

PRESENT: Deputy Mayor Lynne Kennedy

Councillor Fred Bass
Councillor Jennifer Clarke
Councillor Daniel Lee
Councillor Don Lee
Councillor Tim Louis
Councillor McCormick
Councillor Gordon Price
*Councillor Sam Sullivan (absent July 10, Civic Business)

ABSENT: Mayor Philip Owen (Civic Business)

Councillor George Puil (Civic Business)

CITY CLERK'S Nancy Largent, Meeting Coordinator
OFFICE:

COMMITTEE OF THE WHOLE

MOVED by Councillor Louis
SECONDED by Councillor Price

THAT this Council resolve itself into Committee of the Whole, Deputy Mayor Kennedy in the Chair, to consider Heritage Designation and a Heritage Revitalization Agreement for 3838 Cypress Street, which would vary certain aspects of the First Shaughnessy Official Development Plan By-law, the Zoning and Development By-law and the Subdivision By-law.

CARRIED UNANIMOUSLY

1. Heritage Designation and HRA: 3838 Cypress Street

An application by Robert G. Lemon Architecture & Preservation was considered as follows:

Summary: An application by Robert G. Lemon Architecture & Preservation for Heritage Designation and a Heritage Revitalization Agreement (HRA) to secure the rehabilitation and protection of the "A" listed heritage building, aka "Greencroft". The HRA would vary certain aspects of the First Shaughnessy Official Development Plan By-law and the Zoning and Development By-law. The HRA would also authorize transferable bonus density; and further, would vary the Subdivision by-law to permit subdivision of this site into three parcels.

Also before Council were memoranda from Gerry McGeough, Heritage Planner, dated May 30, June 5, and June 26, 2001.

The Director of Current Planning recommended approval.

Staff Comments

Gerry McGeough, Planner, reviewed the proposed Heritage Designation and Heritage Revitalization Agreement (HRA), noting that approval would conserve an important building in First Shaughnessy.. The first proposal was changed in response to public concerns. The proposal now includes:

· renovation of the existing Heritage A-listed dwelling (Greencroft) including removal of the south-facing ballroom addition;
· construction of two single-family infill dwellings located at the rear of the site;
· strata-titling of Greencroft into a two-unit multiple-conversion dwelling;
· underground parking;
· a transfer of density request;
· subdivision of the site into three parcels;
· a landscaping agreement (draft distributed to Council members during the Public Hearing).

Mr. McGeough also reviewed the public process, results of public consultation, areas of neighbourhood concern, and staff rationale for recommending approval.

Mr. McGeough, Larry Beasley, Director of Current Planning, Rick Scobie, Director of Development Services, and Bruce Maitland, Director of Real Estate Services, responded to questions about number of units; transfer of density and related issues of precedent; previous subdivisions in First Shaughnessy; relative merits of subdivision versus strata-titling theentire site; the degree of protection offered by the proposed landscaping agreement; condition of the property; and the potential for demolition and subdivision into two lots.

Applicant Comments

Tom Brown, on behalf of property owners, indicated that the owners wish to save and live in this beautiful heritage residence. The application falls within the First Shaughnessy guidelines with variances which are already within the capacity of the Director of Planning. The public process, measures undertaken in response to neighbourhood issues, financing issues and the resultant request for subdivision were also referenced. The owners are all in accord with the HRA and landscaping agreement.

Robert Lemon, Architect, reviewed the history of heritage relaxations as a tool to preserve heritage. Mr. Lemon also reviewed design objectives, design details, placement of infill on the site, rehabilitation of the heritage building, the rationale for removing the ballroom, and changes made in response to concerns raised during the public process.

Summary of Correspondence

The following correspondence was received during the course of the public hearing:

in support nil
opposed 6
other 5.

Speakers

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

There were seven speakers in favour of the application:

Robert Miranda, First Shaughnessy Advisory Design Panel
James Burton, Vancouver Heritage Commission
Gregg Moe
Francine Boyd
Janet Leduc, Heritage Vancouver
Kirsten Strand (also read letter of support from Principal of Eric Hamber School)
Richard Keate (opposed subdivision)

The main points of support for the application included one or more of the following:

· the value of preserving the Heritage Inventory A-listed Greencroft and its landscape setting;
· historical significance of the property;
· rationale for removing the ballroom;
· good design features of the application;
· preserving the character of Shaughnessy by preventing the loss of A-listed buildings;
· concern that the building would be demolished and the lot sub-divided if the HRA were not approved;
· the need for renovation incentives;
· the need for innovative solutions for preservation of heritage generally;
· factors of the proposal which successfully address public concerns;.
· one speaker felt that a performance bond should be required.

Thirty-one speakers opposed the application:

Jack Lutsky
John Volrich
Peter Charniavsky (brief filed)
Bob Angus
Cheryl Munro, President, Shaughnessy Heights Property Owners' Association
Catherine Reichert
Kay Ng [petition bearing 1,294 signatures (unaudited) and documents filed]
Anne Roburn
David Cuan
Brian Bell
Jim Lehto (brief filed)
Janet Piller
Gilda Mahabir
Victor Piller
Michael Roburn
Han-Hwei Woo
Don Bellamy
Dan Bennett (lawyer retained by Kay Ng, brief filed)
Clayton Reichert
Judith Hansen
Ewart Wooley
Yung Woo (documents filed)
George Chow
Kathleen Tong
Luke Chang
Nancy Tchou (brief filed)
Phil Yacht
Maureen Molaro
Don Marquardt
George Heslup
Michael Noble

The main points of opposition to the application included one or more of the following:

· the Heritage Revitalization Agreement should adhere strictly to the First Shaughnessy Official Development Plan (FSODP);
· the Board of Variance has no jurisdiction over HRAs, depriving citizens of their right to appeal;
· City Council should oppose spot rezonings;
· subdivision of the site into three highly irregular parcels is strongly opposed by the community (opposition to subdivision was the concern most often cited by speakers);
· the Approving Officer has the authority to refuse subdivision applications which are not in the public interest;
· approval of the transfer of density bonus will set a precedent for other developers;
· removal of the south-facing ballroom and failure to preserve the interior intact will destroy the heritage value of Greencroft;
· significant landscaping will be lost, and the remainder may not be maintained adequately should subdivision be approved;
· approval of this application would diminish the estate character of Shaughnessy;
· Shaughnessy should remain a single-family area;
· height, density, and distance between buildings are non-conforming ;
· the Shaughnessy sewer system is inadequate to handle storm run-off;
· view impacts and privacy issues;
· streetscape preservation and parking concerns;
· if densification is required for Shaughnessy, it should proceed in an equitable and consultative manner, such as the Neighbourhood Visioning process, rather than on a site-by-site basis.

City Council addressed a number of questions to staff while speakers were being heard. Messrs. McGeough, Beasley, Scobie, and Maitland, Bruce Todd, Commercial Permits, and Kolvane Yuh, Senior Property Development Officer, responded to questions about:

· transfer of density values and the basis for calculation of the bonus;
· the effects on the application of strata-titling rather than subdividing (would decrease variances required from 18 to 4 relatively minor);
· Provincial heritage legislation and the requirement to compensate owners for designation;
· adequacy of the Shaughnessy sewer system and the storm water storage requirement;
· hierarchy of the FSODP and related guidelines and policies;
· the Director of Planning's discretionary powers to relax features of development applications which are not in conformity to the FSODP;
· the public consultation process;
· demolition permit procedures and the powers and responsibilities of the Approving Officer with respect to demolition and subdivision;
· powers of the Board of Variance, which has no jurisdiction over decisions made by City Council, and the rationale for proceeding by means of an HRA;
· intent of the FSODP respecting retention of low density, single-family character, and the option to allow infill to preserve pre-1940 heritage buildings;
· standards of analysis and development of scenarios to determine the feasibility of options to demolition;
· safequards provided by the HRA and legal agreements to ensure renovation of the main building is completed before the infill, and to protect form of development and landscaping.

Applicant Closing Comments

Robert Lemon reviewed measures undertaken in response to public concerns, infill heritage sites in Shaughnessy, changes in heritage legislation since 1982, and features of the restoration and landscaping. Approval of this application will result in balanced heritage preservation.

Tom Brown responded to concerns of speakers at the Public Hearing, with reference to various features of the application. The main points of objection relate to the subdivision component, and the owners are prepared to withdraw their request to subdivide the property and accept stratification, and requested that the transfer of density bonus be modified accordingly. Mr. Brown and co-owner Greg Strand responded to a query regarding occupancy of the main house and infill buildings.

Staff Closing Comments

In his closing comments, Mr. McGeough noted a variety of concerns would be met by the applicant's offer to forego subdivision. Should this be Council's intent, a set of revised recommendations from the Director of Current Planning, amended to delete the ubdivision, was submitted (reflected in Motions A to F, inclusive). Mr.McGeough lso responded to concerns raised by the speakers. Heritage guidelines and their applicability to the FSODP, support offered by civic advisory bodies, storm water run-off provisions, measures to address impacts on neighbours, and the heritage merits of the application were among matters reviewed.

Council Decision

MOVED by Councillor Clarke

A. THAT Council authorize the Director of Legal Services to enter into a Heritage Revitalization Agreement for the property at 3838 Cypress Street (Greencroft) to:

· secure the rehabilitation, protection and on-going maintenance of this "A" category Heritage Register building;
· limit the form of development on the Greencroft site to that generally described in Development Application DE404889; and
· assign the site a density bonus of 3 576 m² (38,500 sq. ft.) of floor space and authorize its transfer from First Shaughnessy to the Central Area.

B. THAT Council designate Greencroft as Protected Heritage Property under Schedule A of the Heritage By-law;

C. THAT Council require that an agreement be registered to secure the heritage building until it is rehabilitated and prohibit the transfer of the bonus density and the occupancy of the two new infill dwellings until Greencroft and the landscaping for the whole site are rehabilitated to the satisfaction of the Director of Planning and the Director of Legal Services, unless the owners secure such rehabilitation work by separate agreement;

D. THAT Council require that a Landscape Management agreement be registered to secure the on-going maintenance of the Greencroft landscape and on-going adherence to the landscape plan which forms part of Development Application DE404889, (draft agreement is on file with the City Clerk);

E. THAT the agreements be given priority over all other charges on title, except those already held by the City, to the satisfaction of the Director of Legal Services; and

F. THAT the Director of Legal Services bring forth the by-law to authorize the Heritage Revitalization Agreement and the by-law to designate Greencroft as protected heritage property.

G. THAT variations to the Subdivision By-law to enable subdivision of the subject property (3838 Cypress) in the context of this Heritage Revitalization Agreement be specifically disallowed and that only strata titling be allowed if necessary; and

FURTHER THAT variations to the Subdivision By-law be disallowed in future Heritage Revitalization Agreement proposals in First Shaughnessy.

H. That a moratorium on further similar projects in First Shaughnessy involving a transfer of density be imposed for three years to see the effect of the Greencroft project (3838 Cypress), and to allow density to be absorbed, and to allow the evaluation of the consultant's report on the use of transfer of density in the city in general and the consultant's report on the use of transfer of density as applied to Greencroft.

CARRIED
(Councillor Bass opposed; Councillor Sullivan not present for the vote)

RISE FROM COMMITTEE OF THE WHOLE

MOVED by Councillor McCormack

THAT the Committee of the Whole rise and report.

CARRIED UNANIMOUSLY

ADOPT REPORT OF COMMITTEE OF THE WHOLE

MOVED by Councillor McCormack
SECONDED by Councillor 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 adjourned at:
June 5, 2001 - 10:20 p.m.;
June 26, 2001 - 11:00 p.m.;
June 28, 2001 - 10:00 p.m.; and
July 10, 2001 - 10:53 p.m.

* * * *

Comments or questions? You can send us email.