REPORT TO COUNCIL

STANDING COMMITTEE OF COUNCIL
ON PLANNING AND ENVIRONMENT

JUNE 7, 2001

A Regular Meeting of the Standing Committee of Council on Planning and Environment was held on Thursday, June 7, 2001, at 2:00 p.m., in Committee Room No. 1, Third Floor, City Hall.

PRESENT:

Councillor Lynne Kennedy, Chair
Mayor Philip Owen
Councillor Fred Bass
Councillor Jennifer Clarke
Councillor Daniel Lee
Councillor Don Lee, Vice-Chair
Councillor Tim Louis
Councillor George Puil
Councillor Sam Sullivan

ABSENT:

Councillor Sandy McCormick (Leave of Absence)
Councillor Gordon Price (Leave of Absence)

CITY MANAGER'S
OFFICE:

Judy Rogers, City Manager
Brent MacGregor, Deputy City Manager

CITY CLERK'S OFFICE:

Diane M. Clairmont, Meeting Coordinator

ADOPTION OF MINUTES

The Minutes of the Standing Committee on Planning and Environment meeting of May 10, 2001, were adopted.

INFORMATION

1. Significant Rezoning Applications - 335, 341 & 349 E. 16th Avenue (File: 5304-1)

The Committee had before it a description of a Significant Rezoning Application, prepared by the Planning Department (on file).

Phil Mondor, Rezoning Planner, reviewed the application and responded to questions. Planning memo dated May 16, 2001 was distributed (on file).

In future, staff will provide Council with a précis of Development Permit Board decisions.

MOVED by Councillor Clarke
THAT the Committee recommend to Council

THAT the Significant Rezoning Application for 335, 341 & 349 E. 16th Avenue, prepared by the Planning Department, be received for information.

CARRIED UNANIMOUSLY

RECOMMENDATION

2. Warning to Prospective Purchasers of 2797 William Street (File 2701).

The Committee had before it an Administrative Report dated May 1, 2001, in which the City Building Inspector recommended approval to file a 336D Notice against the property at 2797 William Street to warn prospective purchasers of contraventions of the Zoning and Development and Vancouver Building By-laws related to this building. It was further recommended the Director of Legal Services be authorized to commence legal action if deemed appropriate. The General Manager of Community Services supported the recommendations.

Carlene Robbins, Manager, By-law Administration, reviewed the report and responded to questions.

Loreen Paradis, neighbour to the property, spoke in favour of the recommendations.

Speaker's comments included:

· request that by-laws be enforced;
· construction and use of the illegal additions have resulted in loss of light, view, privacy and excessive noise;
· illegal additions impair aesthetics of neighbourhood;
· if by-laws are not enforced, other residents will see this as tacit permission to construct similar illegal additions;
· communicating directly with owner has not been effective.

MOVED by Councillor Bass
THAT the Committee recommend to Council

A. THAT the City Clerk be directed to file a 336D Notice against the title to the property at 2797 William Street (Lot 1, Block 2, District Lot Sec 23 SW Qtr THSL, Plan 4819) in order to warn prospective purchasers that there are contraventions of the Zoning and Development and Vancouver Building By-laws related to this building.

B. THAT the Director of Legal Services is hereby authorized, in her discretion, to commence a legal action or proceeding in relation to the premises located at 2797 William Street and may, in her discretion, seek injunctive relief in that action or proceeding, in order to bring this building into compliance with City By-laws.

CARRIED UNANIMOUSLY

3. DCL Rate for VGH CD-1 District (File 1755)

At 2:25 p.m., Councillor Louis declared conflict of interest as he is a member of the Vancouver/Richmond Health Board. He left the meeting and did not return until the conclusion of the vote on the report.

The Committee had before it a Policy Report dated April 18, 2001, in which the Director of Current Planning sought direction from Council regarding Vancouver Hospital and Health Sciences Centre's request to have industrial Development Cost Levy charges apply to development of medical biotechnology uses in the VGH CD-1 District. The City Manager supported Recommendation A of the Policy Report.

Graham Johnson, Legal Services, and Tom Phipps, Planning, reviewed the report and responded to questions.

MOVED by Councillor Puil
THAT the Committee recommend to Council

THAT the City-wide DCL rate of $2.50 continue to apply in the VGH CD-1 District.

CARRIED UNANIMOUSLY

At 2.38 p.m., Councillor Louis returned to the meeting.

4. 345 Water Street - Heritage Revitalization Agreement (File: 5051)

The Committee had before it a Policy Report dated May 17, 2001, in which the Director of Current Planning recommended approval in principle of a Heritage Revitalization Agreement (HRA) for the Greenshields Building (west half) at 345 Water Street. Subject to Council approval, staff will prepare a Heritage Revitalization Agreement and a draft designation by-law for Council consideration at a Public Hearing. The General Manager of Community Services supported approval of the recommendation.

Jeannette Hlavach, Gerry McGeough, Heritage Planning, and Bruce Maitland, Real Estate Services, reviewed the report and responded to questions.

Simon Bonettemaker of Gower, Yeung and Associates, Consultant for the Applicant, spoke in favour of the recommendations, distributed photographs of the building (on file) and responded to questions relating to design.

MOVED by Councillor Clarke
THAT the Committee recommend to Council

THAT Council endorse in principle the use of a Heritage Revitalization Agreement to assist in the rehabilitation of the "A" listed Greenshields Building (west half) at 345 Water Street with the following terms:

· the building be rehabilitated to standards consistent with those required for other buildings receiving a density bonus; and
· the building exterior and certain interior features be municipally designated.

CARRIED UNANIMOUSLY

5. Mole Hill Phase II Lease Terms and Block Plan Implementation (File: 5053)

The Committee had before it an Administrative Report dated May 24, 2001, in which the Director of the Housing Centre in consultation with the Directors of Financial Planning, Real Estate Services, Legal Services, Current Planning, Heritage Conservation, Social Planning, Facilities Development, the Chief Constable, the Chief Building Official and the General Manager of Engineering Services, recommended approval of lease terms for the remaining 16 City-owned parcels to be leased to the Mole Hill Community Housing Society for the purpose of renovating and operating 168 units of non-market housing, as well as arrangements for implementing the Mole Hill block plan approved by Council on June 22, 2000. The General Manager of Community Services supported approval of the recommendations.

John Jessup, Mole Hill Project Officer, and Bruce Maitland, Real Estate Services, reviewed the report and responded to questions. A revised map dated June 6, 2001 of Mole Hill Block Plan as prepared by Durante Kreuk Ltd. Landscape Architects, Hotson Bakker/S.R. McEwen Associated Architects was distributed (on file).

The following spoke and expressed concerns regarding specific aspects of the report:

Speakers' comments included:

· request that consideration be given to maintaining a street presence and higher profile for the Community Policing Centre;
· request for increased police support in the area;
· Dr. Peter Centre should be part of the hospital complex and not in the Mole Hill residential area.

Sean McEwen, Architect, and Mr. Jessup advised a higher profile street presence for the Community Policing Centre could be accommodated.

MOVED by Councillor Clarke
THAT the Committee recommend to Council

A. THAT Council approve the lease of the 16 Phase II City-owned properties (the "Phase II Lease") at 1154, 1160, 1164 and 1170 Comox Street, 1110 and 1122 Bute Street, 1173, 1169, 1163, 1159, 1157, 1147 and 1103 Pendrell Street, and 1119 , 1113 and 1107 Thurlow Street, legally described as LOT 7, EXCEPT THE WEST 33.5 FEET, THE WEST 33.5 FEET OF LOT 7, LOT 8, THE EAST ½ OF LOT 9, THE SOUTH ½ OF THE NORTH ½ OF LOT 11, THE SOUTH 1/4 OF LOT 11, LOT 12, THE WEST ½ OF LOT 13, THE EAST ½ OF LOT 13, THE WEST ½ OF LOT 14, THE EAST ½ OF LOT 14, LOT 15, AND THE EAST 27 FEET OF LOT 19, ALL BLOCK 23, DISTRICT LOT 185, PLAN 92; AND LOT "D", LOT "C", AND LOT"B", BLOCK 23, DISTRICT LOT 185, PLAN 1291, for approximately 59-1/2 years to coincide with expiry of the term of the Phase I Lease, at nominal rent to the Mole Hill Community Housing Society (the "Society"), in accordance with the terms and conditions described in the Administrative Report dated May 24, 2001, including additional terms and conditions as generally described in Recommendations B, C, D, E, G, H, I and J below, and other terms and conditions to the satisfaction of the Directors of the Housing Centre and Legal Services. (The grant of nominal rent was previously approved by Council unanimously at their meeting of November 2, 1999).

B. THAT Council approve, as a term of the Phase II Lease, permission pursuant to the Encroachment Bylaw for the Society to use the north 6.5 feet and the south 6.5 feet of the lane south of Comox Street, between Bute Street and Thurlow Street (the "Encroachment Area") at no annual fee. Such use to be restricted to passive activities, including landscaping and special surface treatment for the whole length of the block, and the "ends" of parking stalls immediately adjacent to City-owned parcels leased to the Society. Use of the Encroachment Area immediately adjacent to City-owned parcels not leased to the Society and to privately-owned parcels in the block, is on the understanding that vehicular access is guaranteed and that the landscaping and special surface treatment proposed is agreed to by the Director of Real Estate Services for City-owned parcels and by individual property owners for privately-owned parcels, for that portion of the Encroachment Area immediately adjacent to their property. It is further understood that theGeneral Manager of Engineering Services shall have the ability to suspend from time to time or to terminate permanently any portion of the Encroachment Area for any municipal purpose he may deem necessary.

E. THAT Council approve as a term of the Phase II Lease an option for the City to sublease that portion of the house at 1164 Comox Street, as generally outlined in bold on the drawings contained in Appendix "B" of Administrative Report dated May 24, 2001, for the new Mole Hill childcare centre, approved by Council as part of the Mole Hill block plan, at nominal rent to the City, for the term of the Phase II Lease less a day. The sublease shall include an easement to use as much outside area adjacent to the house for the childcare centre as may be required by Provincial licensing authorities.

F. THAT Council approve a grant of $400,000 towards the capital cost of the new Mole Hill childcare centre, as generally described in the Administrative Report dated May 24, 2001, including the provision that , if required as part of the financial plan agreed to among the funding partners, $340,000 (85% of the City grant) shall be transferred immediately to B.C. Housing to be held in trust for funding the childcare centre and the remaining $60,000 (15% of the City grant) shall be retained by the City as hold back to be paid directly to the contractor upon satisfactory completion of the childcare centre; on the understanding that, as soon as design, costing and funding arrangements for the new childcare centre are finalized, the Director of Social Planning, in consultation with the Directors of Facilities Development and Financial Planning, will report back to Council for approval of the financial plan, including any cost variances, within 180 days of Council approval of this report. The source of funding for this grant will be the 2001 Capital Budget allocation to City-Owned Social and Cultural Facilities.

G. THAT Council approve as a term of the Phase II Lease an obligation for the Society to include, by way of amendment to the Phase II Lease, the City-owned parcel at 1130-1132 Comox Street, legally described as PARCEL "F", BLOCK 23, DISTRICT LOT 185, GROUP 1, NEW WESTMINSTER DISTRICT, PLAN LMP33238 ("PARCEL `F'"), for the purpose of completing the mid-block walkway approved by Council as part of the Mole Hill block plan, subject to removal of the existing portable childcare facility now located on Parcel "F" at no cost to the Society; on the understanding that, the Society shall install and maintain the landscaping and special surface treatment at no cost to the City, and shall grant to the City a 15-foot wide statutory right-of-way (SRW) over PARCEL "F" and PARCEL "G", DISTRICT LOT 185, GROUP 1, NEW WESTMINSTER DISTRICT, PLAN LMP33885 (included in the Phase I Lease), as generally described in the block plan (Appendix "A" of Administrative Report dated May 24, 2001), within 90 days of the Society's leasehold interest in Parcel "F" being registered in the Land Title Office (LTO). The SRW, to be registered on freehold title and in priority over the Society's lease, shall include a provision whereby the Society may seek Council approval to restrict access to the SRW, by means of a latched or a locked gate at the Pendrell or Comox Street entrances to the SRW, should unrestricted public access become a safety or security problem, with such approval to be on such terms and conditions as Council may approve and to be reversible at Council's discretion.

H. THAT Council approve as a term of the Phase II Lease an option for the City to sublease at nominal rent that portion of the house at 1113 Thurlow Street, as generally outlined in bold on the drawing contained in Appendix "C" of Administrative Report dated May 24, 2001, to the Davie Street Community Police Centre Society (the "CPC Society") for the purpose of operating a community policing centre (CPC), subject to satisfactory arrangements being worked out between the City, the (Mole Hill Community Housing) Society and the CPC Society within 180 days of Council approval of this report, including the condition that the CPC Society be responsible for paying all costs of renovating, finishing and furnishing the space.

I. THAT Council instruct the Director of Real Estate Services, in consultation with the Director of Current Planning, to report to Council within 180 days from the date of issuance of the occupancy permit for the last house to be renovated by the Society, on the heritage designation of the City-owned houses leased to the Society on the Mole Hill block (Block 23) and options for transferring unused density off-site.

J. THAT the Phase II Lease reserve to the City the right to designate all City-owned Mole Hill parcels as protected heritage property and the right to transfer all present and future unused density to other sites, all without compensation to the Society.

K. THAT Council approve a statutory right-of-way to the satisfaction of the Director of Legal Services and the General Manager of Engineering Services in favour of the City along the westerly boundary of the City-owned parcel at 1173 Pendrell Street, and along the easterly boundary of the City-owned parcel at 1103 Pendrell Street, as generally described on the drawings contained in Appendix "D"of the Administrative Report dated May 24, 2001; on the understanding that, the City will then be in a position to grant subsidiary statutory rights-of-way or permits or licenses in favour of any utility company which may require access to service the privately-owned parcels at 1116 Bute Street and 1101 Thurlow Street. Further, should these arrangements not be acceptable to B.C. Hydro, statutory rights-of-way to B.C. Hydro are authorized.

L. THAT no legal rights or obligations are hereby created and none shall arise hereafter except upon execution of all the legal documents required by all of the parties, to the satisfaction of the Directors of the Housing Centre, Real Estate Services and Legal Services and also, for the Encroachment Bylaw permission, the General Manager of Engineering Services.

CARRIED UNANIMOUSLY

The Committee adjourned at 3:40 p.m.

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CITY OF VANCOUVER

REGULAR COUNCIL MEETING MINUTES
STANDING COMMITTEE OF COUNCIL ON
PLANNING AND ENVIRONMENT

JUNE 7, 2001

A Regular Meeting of the Council of the City of Vancouver was held on Thursday, June 7, 2001 at 3:40 p.m., in Committee Room No. 1, Third Floor, City Hall, following the Standing Committee on Planning and Environment meeting, to consider the recommendations of the Committee.

PRESENT:

Mayor Philip Owen
Councillor Fred Bass
Councillor Jennifer Clarke
Councillor Lynne Kennedy
Councillor Daniel Lee
Councillor Don Lee
Councillor Tim Louis
Councillor George Puil
Councillor Sam Sullivan

ABSENT:

Councillor Sandy McCormick (Leave of Absence)
Councillor Gordon Price (Leave of Absence)

CITY MANAGER'S
OFFICE:

Judy Rogers, City Manager
Brent MacGregor, Deputy City Manager

CITY CLERK'S OFFICE:

Diane M. Clairmont, Meeting Coordinator

"IN CAMERA MEETING"

MOVED by Councillor Bass
SECONDED by Councillor Don Lee

THAT Council will go into a meeting later this day which is closed to the public, pursuant to Section 165.2 of the Vancouver Charter, to discuss matters related to paragraph:

CARRIED UNANIMOUSLY
COMMITTEE OF THE WHOLE

MOVED by Councillor Kennedy
SECONDED by Councillor Don Lee

THAT this Council resolve itself into Committee of the Whole, Mayor Owen in the chair.

CARRIED UNANIMOUSLY

COMMITTEE REPORTS

Report of Standing Committee on Planning and Environment
June 7, 2001

Council considered the recommendations of the Committee, as contained in the following clauses of the foregoing report:

Clauses 1-5

MOVED by Councillor Kennedy

THAT the recommendations of the Committee, as contained in Clauses 1-5 of this report, be approved.

CARRIED UNANIMOUSLY
(RECOMMENDATION F OF CLAUSE 5 BY THE REQUIRED MAJORITY)

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Council also approved, by the required majority, recommendations of the Standing Committee of the City Services and Budgets as contained in Clauses 2 and 3 of its report dated June 7, 2001. For ease of reference, this will be recorded separately in the June 7, 2001 minutes of the City Services and Budgets meeting.

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RISE FROM COMMITTEE OF THE WHOLE

MOVED by Councillor Kennedy

CARRIED UNANIMOUSLY

ADOPT REPORT OF COMMITTEE OF THE WHOLE

MOVED by Councillor Kennedy
SECONDED by Councillor Don Lee

CARRIED UNANIMOUSLY

ENQUIRIES AND OTHER MATTERS

1. Leave of Absence - Councillor Kennedy (File 1254)

THAT Councillor Kennedy be granted Leave of Absence on July 31 and August 2, 2001.

CARRIED UNANIMOUSLY

The Council recessed at 3:45 p.m. and reconvened in camera.

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