CITY OF VANCOUVER

SPECIAL COUNCIL MEETING MINUTES

JULY 26, 2001

A Special Meeting of the Council of the City of Vancouver was held on Thursday, July 26, 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 By-law and the Zoning and Development By-law.

PRESENT:	*Mayor Philip Owen (Items 1, 2 and 3) Acting Mayor Gordon Price Councillor Fred Bass Councillor Jennifer Clarke Councillor Daniel Lee Councillor Don Lee *Councillor Tim Louis (Items 1, 2 and 3) *Councillor George Puil (Items 1, 2 and 3) Councillor Sam Sullivan
ABSENT:	Councillor Lynne Kennedy (Leave of Absence) Councillor Sandy McCormick (Leave of Absence)
CITY CLERK'S OFFICE:	Nancy Largent, Meeting Coordinator

* denotes presence for part of the meeting

COMMITTEE OF THE WHOLE

MOVED by Councillor Clarke:
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 Heritage By-law and the Zoning and Development By-law.

CARRIED UNANIMOUSLY

1. HERITAGE DESIGNATION: 55 Water Street

An application by Paul Merrick Architects Ltd. was considered as follows:

Summary: To secure the rehabilitation and municipal protection of the building and permit a heritage bonus for transfer off-site.

The Director of Current Planning recommended approval of the recommendations set out in the Administrative Report dated July 9, 2001.

Staff Opening Comments

Jeannette Hlavach, Heritage Planner, reviewed the application, with reference to features of the proposed development, density bonus, parking agreement, Heritage Revitalization Agreement (HRA) and Heritage Designation. Approval would result in rehabilitation and municipal protection of the Malkin Building, and would assist in the revitalization of Gastown.

Applicant Opening Comments

Jon Stovell, Reliance Holdings, reviewed the history of the project and indicated approval of this landmark agreement for Gastown.

Roger Bailey, Paul Merrick Architects Ltd., offered to answer questions.

Correspondence

Council received one letter in favour of this application.

Speakers

Two speakers opposed the application:

Jim Lehto (brief filed)
Michael Roburn

The main points of opposition to the application included the following:

· the proposed glass tower considerably exceeds the Gastown height limit of 75 feet; both height and material will damage the streetscape and be detrimental to the heritage character of Gastown;
· it will set an undesirable precedent if this application is not subject to review by the Development Permit Board; such exemptions under HRAs should not be permitted;
· HRAs take away the City's right to rezone sites in perpetuity, creating enclaves, and should not be used as a method of preservation;
· HRAs are above the law.

The Mayor called for any further speakers for and against the application, and none came forward.

Applicant Closing Comments

Mr. Bailey responded to comments made by the speakers with respect to height, building materials, design, and the history and heritage character of Gastown.

Staff Closing Summation

Ms. Hlavach explained that the development application has already been dealt with, and the project is now lower density. The concern regarding exemption from development premits arises from section 3 of the HRA which deals with uses of units only. A number of approved uses deemed apropriate for heritage buildings are listed in the development permit, any of which may have a residential component. The intent is to ensure that it will not be necessary to apply for a new permit every time there is a change of tenancy.

Larry Beasley, Director of Current Planning, and Ms. Hlavach responded to questions about consistency of the tower height to recent approvals, bonus timing, and assurances of proper maintenance over time. Noting that the Gastown area is designated by the Province of BC, Mr. Beasley also advised this proposal has been vetted by Provincial authorities.

Council Decision

MOVED by Councillor Clarke

A. THAT Council authorize the City to enter into a Heritage Revitalization Agreement to secure the conservation and rehabilitation of the Malkin Building at 55 Water Street and to supplement Development Application 405358, and the HA-2 zoning, by granting a density bonus of 5 648 m² (60,800 sq. ft.) to be transferred to site(s) in the Central Area;

AND THAT Council require a covenant providing that the density bonus not be available for transfer until the rehabilitation is complete, unless the owner secures completion of the rehabilitation by a separate agreement;

AND THAT Council require a covenant to safeguard the building until it is rehabilitated;

AND THAT the agreements shall be prepared, registered and given priority to the satisfaction of the Directors of Planning and Legal Services;

B. THAT Council amend Schedule A of the Heritage By-law to designate the Malkin Building 55 Water Street as a Municipal Heritage Building;

C. THAT the Director of Legal Services bring forth the by-laws to authorize the Heritage Revitalization Agreement and amend the Heritage By-law; and

D. THAT Council approve the key elements of a parking easement in favour of 55 Water Street over the Woodward's Parkade (100 Blocks Water and West Cordova) at market rates and otherwise as generally described in this report, such agreement to be to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services.

CARRIED UNANIMOUSLY

2. REZONING: 1128 West Hastings Street (Pinnacle Hotel)

An application by Hancock Bruckner Eng & Wright Architects was considered as follows:

Summary: The proposed rezoning from DD to CD-1 would permit additional heritage density to be transferred to this existing mixed-use hotel/residential building to allow for retail and hotel service use of currently exempt floor space.

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

Staff Comments

Phil Mondor, Rezoning Planner, briefly reviewed the application, noting that the Central Area Plan does not require retail in this area, but permits it.

Applicant Comments

Martin Bruckner, Hancock Bruckner Eng & Wright Architects, offered to answer any questions.

Correspondence

Council received one letter requesting a restrictive covenant.

Speakers

The Mayor called for speakers for and against the application, but none came forward.

Closing Comments

There were no closing comments.

Council Decision

MOVED by Councillor Puil

THAT the application by Hancock Bruckner Eng & Wright Architects to rezone 1128 West Hastings Street from DD to CD-1 to permit additional density to be transferred to this existing mixed-use hotel residential building to allow for retail and hotel service use of currently exempt floor space, be approved subject to the following conditions:

(a) That the form of development be approved by Council in principle, generally as approved by the Director of Planning for DE 401550 (issued September 15, 1997) and amended by DE 403325 (issued July 23, 1998) and DE 404214 (issued December 7, 1999) and plans prepared by Eng Wright Bruckner Partners, Architects, and stamped "Received City Planning Department, January 12, 2001".

(b) That, prior to enactment, arrangements are made to the satisfaction of the Director of Legal Services verifying that the applicant has acquired 298.39 m² (3,212 sq. ft.) of heritage density bonus from a heritage donor site.

CARRIED UNANIMOUSLY

3. REZONING: 335-349 East 16th Avenue

An application by  Davidson Yuen Simpson Architects was considered as follows:

Summary: The proposed rezoning from RM-4N to CD-1 would permit the development of a Special Needs Residential Facility - Group Living and Dwelling Units in conjunction with this use.

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

Staff Comments

Phil Mondor, Rezoning Planner, reviewed the application, referencing density, setbacks, height and other features of the development. An application for either the dwelling units component or the Special Needs Residential facility (SNRF) could have been reviewed by the Director of Planning and Development Permit Board without referral to Public Hearing. The application was referred to this forum because of the mixed uses. Although out of scale with the surrounding neighbourhood, the application is consistent with the existing zoning.

Applicant Comments

James Van Luven, St. James Community Service Society, reviewed the history and programs of the Society, need for a shelter of this nature, and site selection criteria. This site best meets the criteria which were available in only a few areas; it is close to transportation, safely accessible at all times, and accessible to services for mothers and children. In response to concerns expressed by the neighbourhood, Mr. Van Luven indicated that the facility will not bring people from the Downtown Eastside to the area, since the Powell Street shelter will remain open to serve the Downtown Eastside.

Correspondence

Council received one letter opposed to this application.

Speakers

The following speaker supported the application on grounds that the shelter should be moved out of the Downtown Eastside to a more secure area where children can play safely:

Wanda Gautier.

The following speakers opposed the application:

Sandor Kalmar
Harp Badyal
Surendra Parmar
Janice Cran
Johannes Linder
Helen Doern

The speakers opposed the application on one or more of the following grounds:

· the application does not meet City guidelines and objectives for development in Mount Pleasant regarding height, density, privacy and views;
· the proposed building would be far larger than others in the area, which consists mostly of single family homes and a few two story apartment buildings;
· the architect should be instructed to design a building more in scale which will better blend into the rest of the neighbourhood;
· the proposed parking relaxation should not be allowed in an area where parking is already inadequate;
· a facility of this nature may bring more social problems to the area;
· this area already houses more than its fair share of special needs facilities;
· property values will go down;
· there will be heavy shadowing of adjacent properties.

The Mayor called for any further speakers for and against the application, and none came forward.

Applicant Closing Comments

There were no closing comments.

Staff Closing Summation

Larry Beasley, Director of Current Planning, and Mr. Mondor addressed the concern regarding distribution of SNRFs across the city, advising that facilities are fairly evenly spread throughout residential areas. A comprehensive package on the issue of distribution will be coming forward for Council's consideration at a future date.

Mr. Mondor reiterated that although the proposed development is out of scale with the surrounding buildings, the application is consistent with the existing zoning and should blend in with future development of the area. Examples of relevant conditions which address neighbourhood concerns were given. It was noted that during discussion of the form of development, an effort will be made to modify the fourth story to present a less imposing aspect.

Council Decision

MOVED by Councillor Bass

THAT the application by Davidson Yuen Simpson Architects to rezone 335-349 East 16th Avenue, to permit the development of a Special Needs Residential Facility - Group Living and Dwelling Units in conjunction with this use, be approved subject to the following conditions:.

(a) THAT the proposed form of development prepared by Davidson Yuen Simpson Architects, and stamped "Received, City Planning Department, May 7, 2001", be approved by Council in principle, provided that the Director of Planning, or Development Permit Board, may allow minor alterations to the 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, or Development Permit Board, who shall have particular regard to the following:

(i) design development to reduce the impact of the overall bulk of the building through the consideration of fourth floor setbacks, different and lighter material expression for the fourth floor, and de-emphasis of the cornice;

(ii) design development to increase the prominence and legibility of the principal building entrance;

(iii) design development to provide a secured garage in place of the proposed carport;

(iv) design development to relocate the proposed side entrance closer to the street to improve the relationship with adjacent development to the east;

(v) design development to consider an increase in the amount of passive useable outdoor open space on site;

(vi) design development to the roof decks to include more planting;

(vii) further landscape development to ensure that all plants be child-safe i.e. non-poisonous; and

(viii) design development to minimize opportunities for crime through the use of CPTED principles (Crime Prevention Through Environmental Design), with particular regard for:
· graffiti and vandalism in the lane area, and;
· car crime in the lane, through improved treatment of the rear lane and consideration of making the carport into a garage, with lattice between the shelter and the back wall of the garage.

(c) 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, for undergrounding of all new Hydro and Telus services for the development from the closest existing suitable service point, including a review of the servicing requirements to determine their impact on the surrounding neighbourhood; and

(ii) Execute a housing agreement under Section 565.2 of the Vancouver Charter, on terms acceptable to the Director of Legal Services, to secure 100% occupancy for core need individuals and households, to the satisfaction of the Director of the Housing Centre.

CARRIED UNANIMOUSLY

- - - - -

Prior to consideration of this item, the Mayor declared Conflict of Interest because of a relative's membership on the Cancer Research Foundation Board, and left the Chamber at9:15 p.m. Councillor Louis also declared Conflict of Interest because he is a member of the Vancouver-Richmond Health Board, and left the Chamber at 9:15 p.m. Neither the Mayor nor Councillor Louis returned to the meeting.

In the absence of the Mayor and Councillor Louis, Acting Mayor Price assumed the chair.

Councillor Puil also left the meeting at this point in the proceedings.

- - - - -

4. REZONING: 601 West 10th Avenue (Cancer Research Clinic)

An application by Henriquez Partners / IBI Group was considered as follows:

Summary: The proposed rezoning from C-3A to CD-1 would permit a two phase development of a Cancer Research Centre including laboratory, hospital and ancillary uses, office and limited grade level retail.

Also before Council was a memorandum from the Director of Current Planning dated July 20, 2001 recommending the following:

Approval Conditions:

When Council referred this application to Public Hearing, they requested the addition of a "traffic demand management scheme" as a condition of approval. Therefore the existing approval condition item (c)(vi) should be amended to read as follows:

"(c)(vi)provide a traffic impact study, including a traffic demand management scheme and two biennial monitoring reports which take into account proposed medical technology development in this area;" and

Draft By-law:

In sections 4(a) and (b) the numbers "89.9 m" and "93 m"should be deleted and replaced with the number "88.4 m".

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

Staff Comments

Tom Phipps, Planner, reviewed the aplication, with reference to massing density, height and uses. Issues with respect to massing have been largely resolved to better comply with the Broadway C-3A Guidelines, although further design work will be required at thedevelopment permit stage. The cancer research use will complement other research and treatment uses existing in or planned for the VGH Precinct.

Mr. Phipps also drew Council's attention to the uses section of the draft by-law before Council this evening, noting that staff have broadened the service commercial uses available to animate the pedestrian edge at grade level to include Barber Shop or Beauty Salon, Laundromat or Drycleaning, Photo finishing or Photo Studio and Repair Shop - Class A in addition to restaurant.

Separate from the rezoning application, the question of a proposed elevated pedestrian overpass crossing 10th avenue was also before Council. The Director of Current Planning recommended that Council not support the proposed overpass. Should Council wish to consider the overpass, the Director recommended that staff be instructed to review designs and report back. Mr. Phipps reviewed staff concerns including configuration, loss of trees, physical form, precedent, and dominance of the streetscape, which would undermine pedestrian objectives for the area. He also responded to a question regarding potential impacts on the 10th Avenue bicycle route.

Applicant Comments

Mary McNeil, BC Cancer Foundation, reviewed the history of the BC Cancer Research Centre, and provided satistics on BC's cancer rate and survival rate. There is signficant need for new treatments and methods of early detection. The current facility is no longer adequate. The Federal and Provincial Governments have provided substantial financial support, and more has come from private donors.

Ralph Durand, BC Cancer Research Centre, expressed pleasure at finally reaching a stage where the Centre can increase its efforts. Dr. Durand stressed the importance of communication and cross-fertilization of ideas to cancer research. The requested overpass is a significant link which will to maintain communication between scientists researching the disease and phsicians treating cancer patients. It will also provide secure access for blood and other samples from cancer patients.

Richard Henriquez, Henriquez Partners / IBI Group, stated that functionally, a tunnel would be astronomically expensive and wouldn't work as well - from the 5th floor to the basement thought the tunnel parkade, then back up to the top. Patients and laboratories are on upper floors. The overpass can be designed to be pleasing and transparent, will not displace trees, and design issues can be dealt with in the development permit stage. Council was urged to support the overpass.

Mr. Henriquez also requested that the parking standard recommended in section 6 of the recommended conditions be revised. The proposed minimum of one off-street parking space for 93 m² of floor space is the hospital standard. The applicant requested that this figure be changed to the laboratory standard, one off-street parking space for 100 m² of floor space, since the building will be a laboratory.

Mr. Phipps answered a question about the possibility of a tunnel access. Preliminary review of utilities indicates that there is sufficient room to work with.

Paul Pinsker, Parking and Development Engineer, explained the rationale for recommending the higher parking standard. The poposed building will have a large proportion of office space, occupancy rates may increase in future, and there is a need to provide visitor's parking in this parking-deficient area.

Larry Beasley, Director of Current Planning, addressed the concern that a pedestrian overpass may set an undesirable precedent for the VGH Precinct.

Correspondence

Council received no correspondence on this item.

Speakers

Acting Mayor Price called for any speakers for and against the application, and none came forward.

Applicant Closing Comments

Mr. Henriquez provided further information related to the question of parking requirements and associated costs to the project. The applicant will prepare a traffic management plan to address staff concerns that the requested parking standard is too low.

Staff Closing Summation

Mr. Phipps briefly addressed the parking standard, and explained why it is not as important, from staff's perspective, as the overpass question. The rezoning application now conforms to urban design issues raised by staff

Council Decision

Council decided to approve the application with the conditions recommended by the Director of Current Planning, except that the parking requirement was reduced to one off-street parking space for 100 m² of floor space. Council also resolved that staff review designs for the proposed pedestrian overpass, and that the applicant provide a detailed design analysis.

MOVED by Councillor Clarke

A. THAT the application by Henriquez Partners/IBI Group to rezone 601 West 10th avenue from C-3A to CD-1 would permit a two phase development of a Cancer Research Centre including laboratory, hospital and ancillary uses, office and limited grade level retail, be approved subject to the followingconditions as proposed for adoption by resolution of Council:

(a) That the proposed form of development be approved by Council in principle, generally as prepared by Richard Henriquez / IBI Group, Architect, and stamped "Received City Planning Department April 3, 2001", 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 reduce the apparent visual impact of the phase 1 building's massing through architectural treatment and articulation;

(ii) design development to the 3 m setback along 10th Avenue to enhance the Public Realm and pedestrian amenity along this highly pedestrianized sunny side of the street;

(iii) provision of retail, restaurant, commercial services and other active public oriented uses at grade on the Heather Street frontage and significant portions of the 10th Avenue frontage;

Note to Applicant: Retail and restaurant uses are particularly important on Heather Street. Restaurant use with outdoor seating at the sunny 10th Avenue/Heather Street corner should be incorporated as a compliment to the future park to the southwest.

(iv) design development to provide landscape buffers including a cantilevered landscaped feature or other landscape treatment incorporating public seating along the south (10th Avenue) and east (Ash Street) edges of the property that enhances the public realm and pedestrian amenity as well as generous interim tree planting within the parking area to mitigate visual impacts of temporary surface parking on the easterly portions of the site;

Note to Applicant: Use of high branched trees and low shrubs in any landscaped areas along the 10th Avenue street edge should be provided for safety and security.

(v) design development to take into consideration CPTED principles (Crime Prevention Through Environmental Design) having particular regard to reducing opportunities for:

· graffiti by improving blank walls in the lane, and
· theft in underground parking areas by improved security and perimeter exit stair locations.

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

(i) consolidate Lots 11 - 20, Block 359, D.L. 526, Plan 991;

(ii) provide a change summary to clarify changes shown on title;

(iii) make arrangements to the satisfaction of the City Engineer and Director of Legal Services for provision of adequate water and sewer services for the site including any system upgrading that may be identified;

(iv) make arrangements for all electrical and telephone and Cablevision services to be undergrounded within and adjacent 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 to determine its impact in the neighbourhood, which could result in service points being changed to reduce impact;

(v) make arrangements satisfactory to the Director of Legal Services and City Engineer for provision of street trees adjacent to the site;

(vi) provide a traffic impact study, including a traffic demand management scheme and two biennial monitoring reports which takes into account proposed medical technology development in this area;

(vii) execute a legal agreement satisfactory to the Director of Legal Services and City Engineer for proportionate payment of $300,000 for traffic management and transit support measures for the area with payment to be made equally prior to issuance of building permits for phase I and 2 of the project;

(viii) enter into a legal agreement, satisfactory to the Director of Legal Services, committing the applicant to participate in the City Public Art Program, and obtain approval by the Director of Cultural Affairs of a Preliminary Public Art Plan; and

(ix) pay to the city $562,500 as a community amenity contribution,including $289,797 for the Childcare Endowment Fund; and

FURTHER THAT the draft bylaw be amended as follows:

· in sections 4(a) and (b), the numbers "89.9 m" and "93 m" be deleted and replaced with the number "88.4 m";
· in section 6, the number "93 m² " be replaced with the number "100 m² ".

CARRIED UNANIMOUSLY
(Councillors Louis, Puil and the Mayor absent)

MOVED by Councillor Clarke

B. THAT Council instruct staff to review designs for a pedestrian overpass across 10th Avenue linking the Cancer Treatment Centre to the Cancer Research Centre and report back on technical requirements and urban design parameters to resolve concerns identified in this report.

carried

AMENDMENT MOVED by Councillor Bass

THAT Motion B be amended by adding the words "or underpass" after the word "overpass".

LOST (TIE VOTE)
(Councillors Clarke, Don Lee and Sullivan opposed;
Councillors Louis, Puil and the Mayor absent)

Motion B was then put and CARRIED UNANIMOUSLY.
(Councillors Louis, Puil and the Mayor absent)

MOVED by Councillor Clarke

C. THAT the applicant provide a detailed design analysis of the proposed 10th Avenue pedestrian overpass proposed to the satisfaction of the Director of Current Planning and General Manager of Engineering Services to resolve design concerns regarding:

· removal of diagonal configuration,
· minimization of all dimensions,
· adequate clearance for utility access,
· no loss of street trees,
· minimum and aesthetically acceptable visual impact, and
· demountability.

CARRIED UNANIMOUSLY
(Councillors Louis, Puil and the Mayor absent)

RISE FROM COMMITTEE OF THE WHOLE

MOVED by Councillor Don Lee

THAT the Committee of the Whole rise and report.

CARRIED UNANIMOUSLY

ADOPT REPORT OF COMMITTEE OF THE WHOLE

MOVED by Councillor Don Lee
SECONDED by Councillor Clarke

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 10:20 p.m.

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(c) 1998 City of Vancouver