CITY OF VANCOUVER

SPECIAL COUNCIL MEETING MINUTES

JUNE 14, 2001

A Special Meeting of the Council of the City of Vancouver was held on Thursday, June 14, 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 Zoning and Development By-law.

PRESENT: Mayor Philip Owen

Councillor Fred Bass
Councillor Lynne Kennedy
Councillor Daniel Lee
Councillor Don Lee
Councillor Tim Louis
Councillor McCormick
Councillor Gordon Price
Councillor Sam Sullivan

ABSENT: Councillor Jennifer Clarke (Leave of Absence)

Councillor George Puil (Civic Business)

CITY CLERK'S Tarja Tuominen, Meeting Coordinator
OFFICE:

COMMITTEE OF THE WHOLE

MOVED by Councillor Louis
SECONDED by Councillor Don Lee

THAT this Council resolve itself into Committee of the Whole, Mayor Owen in the Chair, to consider proposed amendments to the Zoning and Development By-law.

CARRIED UNANIMOUSLY

1. Text Amendment: 1088 Burrard Street (Wall Centre)

An application by Calmont Investments Ltd. was considered as follows:

Summary: The proposed amendment would permit motor vehicle wash as a permitted use in the underground car park.

The Director of Current Planning recommended approval.

Staff Comments

Rob Jenkins, Assistant Director - Current Planning, briefly reviewed the application and advised the proposed amendment was supported by staff. The car wash use is also supported in the area. A development permit is required and will be subject to review.

Applicant Comments

Jennifer Low, representing the applicant, responded to questions on the background of the application and the operation of the car wash. She explained she was in the process of applying for all necessary permits when someone complained about the operation. She continued the car wash operation during the rezoning process because she did not want to lose her clientele.

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 Councillor Kennedy

THAT the application by Calmont Investments Ltd. to amend the CD-1 By-law for 1088 Burrard Street (Wall Centre) to permit motor vehicle wash as a permitted use in the underground car park be approved.

CARRIED
(Councillors Bass and Louis opposed)

2. Rezoning: 7250 Oak Street

An application by Sunrise Assisted Living Inc. was considered as follows:

Summary: The proposed rezoning would permit a 92 unit Special Needs Residential CareFacility.

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

Staff Comments

Rob Whitlock, Planner, described the application, which is within the boundaries of the Oakridge Langara Policy Statement (OLPS). The proposal is consistent in density with high priority sites in the area. The only point of disagreement between staff and the applicant is the payment of a Community Amenity Contribution (CAC). The applicant would like consideration under the OLPS institutional replacement policy. However Council's stated policy allows replacement of the existing institutional floor space only and no other substitution. The applicant is proposing to replace a non-profit service offered by the former facility with a private facility providing residences to middle- and upper-income seniors. From an equity point of view, staff treat all market initiatives the same and require the CAC.

Applicant Comments

Dan Zemanek, representing the applicant, described the proposal and the background of Sunrise Assisted Living Inc. The development will take care of frail to very frail seniors in a residential environment.

Brian Barber, representing the applicant, agreed with the policy report, except for the requirement of the payment of a CAC. The application will be trading a contemporary Special Needs Residential Facility on the site for an old non-viable one. The OLPS is overly restrictive; the applicant is already paying a quarter of a million dollars in Development Cost Levies.

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.

Margaret Burns spoke in support of the application, noting there is a need for this type of intermediate care home. The proposed development will retain a park-like setting. She also thought visitors parking will not be a concern for the neighbourhood.

The following opposed the application, noting concerns with increased traffic and noise; lack of parking; safety concerns due to elderly drivers; and potential impacts on residential values in the immediate neighbourhood:

Eric Hong Tai
Susanna Hoy

Gary Stevens, representing the Salvation Army, supported the application and the applicant's request to be exempted from paying the CAC. Development of the site will be an automatic benefit to the City. Any money that will accrue to the applicant by not having to pay for the CAC will benefit the residents of the facility.

Applicant Closing Comments

Mr. Zemanek advised very few of the seniors living in the proposed facility will be driving.

Staff Closing Comments

Mr. Whitlock reiterated staff are strongly supportive of the application. The only issue is the requested CAC; staff's position is consistent with Council's stated policy. The CAC will go to mitigating any impact the development may have in the area, such as traffic calming measures or for park use.

Council Decision

MOVED by Councillor Bass

THAT the application by Sunrise Assisted Living Inc. to rezone the southerly portion of 7250 Oak Street from RS-1 to CD-1 to permit a 92 unit Special Needs Residential Care Facility be approved, subject to the following conditions:

(a) That the proposed form of development be approved by Council in principle, generally as prepared by Mithun Partners, Inc. Architects, and stamped "Received Planning Department, August 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) further design development to reduce the overall bulk of the building through the consideration of fourth floor setbacks and different and lighter materials for the fourth floor;

(ii) a 2.74 m x 2.74 m (9 ft. x 9 ft.) corner cut-off will be necessary at the right angle turn at the bottom of the parking ramp;

(iii) recycling storage and pickup should be clearly shown on the plans;

(iv) submission of a legal survey illustrating the following information:

- existing trees 20 cm caliper or greater on the development site;
- 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;

(v) submission of a Certified Arborist assessment of all the existing trees on site, to the satisfaction of the Landscape Architectural Technician;

(vi) submission of a detailed Landscape Plan illustrating both common and botanical name, size and quantity of all proposed plant material. Proposed plant material should be clearly illustrated on the Landscape Plan;

(vii) parking is to be rearranged in order to retain the existing Douglas Fir tree located between parking spaces 5 and 6.; and

(viii) further design development to include the principles of CPTED (Crime Prevention Through Environmental Design) for the next design development phases of the project.

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

(i) make arrangements to the satisfaction of the City Engineer and Director of Legal Services for provision for the following:

- subdivision of Lot 7 in accordance with the rezoning proposal, including appropriate access agreements for the proposed northerly parcel;
- provision of sidewalk on the north side of West 57^th Avenue adjacent to the site;
- provision of street trees adjacent the site where space permits;

(ii) make arrangements for all new hydro, telephone and cablevision services to the site from the closest existing suitable service point, including a review of the overhead plant upgrading that may be necessary to serve this project in order to determine its impact on the surrounding neighbourhood (this may result in the servicing points to the site being changed to reduce neighbourhood impacts); and

(iii) provide security to the City in an amount determined by the Director of Current Planning to be sufficient to cover the value of the retained and relocated trees prior to the issuance of the development permit, or prior to any site work, whichever is sooner. The security will be held untilfollowing occupancy, when a certified Arborist confirms with the City, in a Site Inspection Report, that the retained and relocated trees are in healthy condition and that the longer term management guidelines have been confirmed. The security will be 150% of an estimated dollar value for the replacement cost of the retained and relocated trees completed by a certified Arborist. This security obligation will be a separate written agreement between the applicant and the City. Such security to be satisfactory to the Director of Legal Services in her sole discretion and may include, without limitation, a letter of credit; and

(iv) pay a Community Amenity Contribution (CAC) based on the following:

CAC = floor space above 1.0 x Buildable (in dollars per sq. ft. as determined by the Manager of Real Estate services), preliminary estimate of this value is $365,800.

The payment shall be made in a form acceptable to the City Manager, with the advice of the Director of Legal Services.

(v) execute an agreement to the satisfaction of the Director of Legal Services and the Manager of the Housing Centre restricting occupancy to persons at least 65 years of age, to be registered in priority over all charges which may defeat or delay the agreement.

CARRIED
(Councillor Sullivan opposed to Condition c(iv))

RISE FROM COMMITTEE OF THE WHOLE

MOVED by Councillor Louis

THAT the Committee of the Whole rise and report.

CARRIED UNANIMOUSLY

ADOPT REPORT OF COMMITTEE OF THE WHOLE

MOVED by Councillor Louis
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-lawamendments.

CARRIED UNANIMOUSLY

The Special Council adjourned at 9:00 p.m.

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(c) 1998 City of Vancouver