Planning and Environment Minutes

REPORT TO COUNCIL

STANDING COMMITTEE OF COUNCIL
ON PLANNING AND ENVIRONMENT

SEPTEMBER 20, 2001

A Regular Meeting of the Standing Committee of Council on Planning and Environment was held on Thursday, September 20, 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 Sandy McCormick
*Councillor Gordon Price
*Councillor George Puil
*Councillor Sam Sullivan

CITY MANAGER'S
OFFICE:

Judy Rogers, City Manager
Brent MacGregor, Deputy City Manager

CITY CLERK'S OFFICE:

Laura Kazakoff, Meeting Coordinator

*Denotes presence for a portion of the meeting.

ADOPTION OF MINUTES

The Minutes of the Standing Committee on Planning and Environment meeting of August 2, 2001, were adopted.

RECOMMENDATION

1. Proposed Amendment to Subdivision By-law No. 5208
Reclassification of Property at 5680 Lancaster Street (File 5305)

The Committee had before it an Administrative Report dated August 24, 2001, in which the Subdivision Approving Officer recommended approval of the application to reclassify the property at 5680 Lancaster Street from Category C to Category A for the purpose of subdivision. The General Manager of Community Services recommended approval.

David Murphy, Planner, Subdivision and Strata, reviewed the Administrative Report.

Wanda Miranda expressed opposition to the application for subdivision, citing concerns with regard to smaller properties. She noted there have been problems related to this property such as illegal dumping. She further noted the house is not old and should therefore not be torn down.

MOVED by Councillor Puil
THAT the Committee recommend to Council

THAT Council approve the application to reclassify the property at 5680 Lancaster Street from Category C to Category A of Schedule A, Table 1, of Subdivision By-law No. 5208.

CARRIED UNANIMOUSLY
(Councillors Price and Sullivan absent for the vote)

2. Amenity Bonus Proposal - 1133 Seymour Street (File 2608)

The Committee had before it an Administrative Report dated September 4, 2001, in which the Directors of the Office of Cultural Affairs and the Development Permit Board, in consultation with the Directors of Real Estate Services and Facilities Development and the General Manager of Parks and Recreation, recommended approval of a request for an amenity bonus facility proposed within a new residential development at 1133 Seymour Street, and for a sublease of the amenity space to the Vancouver International Film Festival Society for nominal rent. The General Manager of Community Services recommended approval.

Sue Harvey, Social and Cultural Planner, reviewed the report, with reference to an elevation drawing depicting the proposed development, and responded to questions concerning the sub-lease agreement, the placement of the increased density, location of the amenity facility and possible noise impacts in relation to it. Brent MacGregor, Deputy City Manager, responded to a question concerning potential shadowing impacts of the development.

Piet Rutgers, Director of Planning and Operations, Parks and Recreation, provided comments concerning the shadowing impacts on the future adjacent park. He noted this park will be heavily used by residents as it is the only park proposed for the area. Mr. Rutgers acknowledged this was a situation whereby the potential benefits of the proposed cultural amenity must be weighed against the increase in shadowing to the park, but did note that it was the view of Parks and Recreation staff that the future park should be kept as sunny as possible.

Alan Franey, Festival Director, Vancouver International Film Festival (VIFF), and Colin Browne, VIFF Board Member, spoke in favour of the recommendations, and offered the following comments:

· the Film Centre's presence will hopefully add vitality to the adjacent park and provide increased safety to its users;
· Film Centre will provide many services throughout the year such as a multi-format cinema, film festival screenings, special screenings, high school programs, workshops and post-screening discussions; it will be available to non-profit organizations and it will provide screening opportunities for Canadian film-makers;
· Film Centre will complement what is already available in the city, and help make up what is lacking.

MOVED by Mayor Owen
THAT the Committee recommend to Council

A. THAT the applicant's request for a cultural amenity bonus at 1133 Seymour Street (DE 405395) as outlined in the Administrative Report dated September 4, 2001, entitled "Amenity Bonus Proposal - 1133 Seymour Street" be approved in principle, subject to the signing and registration in the Land Title Office of an Option to Lease (with form of lease attached) and a Section 219 Covenant providing for:

1) the design and construction by the Owner of 13,700 square feet of amenity space in the development to be constructed pursuant to DE405395 ; and

2) the registration of the lease of the amenity space to the City for nominal rent for the life of the Development, on the terms contained in the report.

The Option to Lease and Section 219 Covenant shall be registered prior to issuance of the development permit for the Development; and

B. THAT the Council approve a sublease of the amenity space to the Vancouver International Film Festival Society for nominal rent on the terms set out in the Administrative Report dated September 4, 2001, entitled "Amenity Bonus Proposal - 1133 Seymour Street";

The agreements herein approved shall be on the terms discussed in this report and such other terms as deemed advisable by the Director of Legal Services, in consultation with the Directors of the Office of Cultural Affairs, Real Estate and Facilities Development, it being understood that no legal rights or obligations shall arise except upon the signing and registration of the Option to Lease and Section 219 Covenant and issuance of development permit DE405395.

CARRIED UNANIMOUSLY
(Councillor Price absent for the vote)

3. City of Vancouver Submission to the BCSPCA (File 3507)

The Committee had before it a Policy Report dated August 30, 2001, in which the Director of Licenses and Inspections sought Council's approval of the directions in the report and of submission of the report to the BCSPCA's Community Consultation Process. The General Manager of Community Services recommended approval.

Harvey Gibault, Director, Licensing and Inspections, reviewed the report, and responded to questions concerning the proposed co-operation between the City and the BCSPCA, the enforcement powers of the BCSPCA in terms of the animal care guidelines attached to the report, the number of complaints received by the BCSPCA and the City Pound regarding animal abuse, and the ability to monitor these complaints. Mr. Gibault noted the BCSPCA has legislated powers to respond to reports of cruelty to animals. Jacquie Forbes-Roberts, General Manager of Community Services, noted there are issues regarding enforcement which need to be resolved by the BCSPCA.

The following speakers expressed concern with regard to inadequate enforcement and prevention measures in terms of cruelty to animals:

Barry Faires
Judy Stone, President, Animal Advocates Society (brief filed)
Jeri-Lyn Ratzlaff
Carol Barbucci
Joshua Kesselman
Patricia Oswald.

The following is a summary of comments provided by the foregoing speakers:

· the statement in the staff report to the effect that the City is involved in animal welfare is incorrect; the City, through its Pound operation, carries out animal control which serves to protect people from dogs, rather than protect dogs from people;
· the City needs to enact and enforce humane by-laws to protect animals; if the Charter does not allow this then the Charter should be changed;
· the guidelines attached to the staff report have been around a long time and have never been enforced by the SPCA;
· SPCA spends only a small portion of its budget on education and has not tried to strengthen existing laws;
· there is a proven connection between animal abuse and human violence;
· animal abusers are seldom held liable for their actions;
· examples were given of animal cruelty situations which were reported to the SPCA and resulted in no or little action being taken;
· the City needs an anti-tethering by-law;
· animals which are left in isolation and/or treated cruelly become aggressive and desocialized, and therefore, are dangerous and difficult to rehome.

Judy Rogers, City Manager, in response to a question, noted the BCSPCA has the express authority to deal with instances of cruelty.

Cindy Soles, BCSPCA, in response to questions, advised the Society does have the legal ability to enforce their guidelines, and she also believes the Society has the ability to interpret the Prevention of Cruelty to Animals Act to a higher standard. She reviewed the usual procedure followed upon receipt of a cruelty complaint. She also reviewed the proposed timeline of their consultation process. Ms. Soles noted the Society gets thousands of calls per year, which are logged and followed up on.

While acknowledging that the subject at hand today was the City's submission to the BCSPCA's consultation process, several Councillors expressed interest in receiving information on additional options available to the City in terms of by-laws and/or what legal power the City has in this regard under the Vancouver Charter.

MOVED by Councillor Louis
THAT the Committee recommend to Council

A. THAT Council endorse the Policy Report dated August 30, 2001, entitled "City of Vancouver Submission to BCSPCA Community Consultation Process" as the City of Vancouver's submission to the British Columbia Society for Prevention of Cruelty to Animals (BCSPCA) Community Consultation Process; and

B. THAT Council endorse the following specific directions:

i) THAT the City of Vancouver give support for the BCSPCA's adoption of standards of care guidelines generally as outlined in the Policy Report dated August 30, 2001, entitled "City of Vancouver Submission to BC SPCA Community Consultation Process";

ii) THAT the City of Vancouver request that the BCSPCA enforce their mandate as included in the Prevention of Cruelty to Animals Act;

iii) THAT Council invite the BCSPCA to work with staff to develop a working protocol for City support and co-operation with the SPCA enforcement efforts;

iv) THAT Council direct staff to work directly with the BCSPCA and other municipalities in the development of an education and awareness program to encourage high standards of care for animals.

C. THAT discussion on whether or not the City should ask the Provincial Government to amend the Vancouver Charter to expressly provide the power to enact by-laws regarding cruelty to animals, be referred to an in-camera meeting of City Council.

CARRIED UNANIMOUSLY

MOVED by Councillor Bass
THAT the Committee recommend to Council

THAT an additional clause be added to Recommendation B as follows:

v) THAT Council direct staff to work with the BCSPCA to develop a system to track all complaints received about the mistreatment of animals, including the numbers of complaints received, and their resolutions.

amended

AMENDMENT MOVED by Councillor Puil

THAT the words "direct staff to work with" be struck out and replaced with the word "encourage".

CARRIED
(Councillors Bass and Louis opposed)

MOTION AS AMENDED
THAT the Committee recommend to Council

THAT an additional clause be added to Recommendation B as follows:

v) THAT Council encourage the BCSPCA to develop a system to track all complaints received about the mistreatment of animals, including the numbers of complaints received, and their resolutions.

CARRIED UNANIMOUSLY

4. Proposed Chinatown Millennium Gate (File 8102)

The Committee had before it an Administrative Report dated September 14, 2001, in which the General Manager of Engineering Services, in consultation with the Directors of Current Planning and Legal Services, recommended approval of the proposal by the Chinatown Millennium Society to construct the Chinatown Millennium Gate (the Gate) subject to conditions, and the release of a previously approved grant to the Society. The report also put forward for Council's consideration that the City take maintenance responsibility for the Gate, at a cost of $50,000. Also put forward for consideration were two options for securing construction completion of the Gate.

Susan Clift, Projects Engineer, with the aid of renderings, reviewed the Administrative Report. Lon LaClaire, Transportation Engineer, responded to questions concerning the narrowing of the sidewalk, and the impacts to the bicycle route on Pender Street.

Kelly Ip, Vice-President, Chinatown Millennium Society, spoke in support of the staff recommendations, noting there are many organizations in Chinatown who are supportive of the proposed gate. Donations totalling $200,000 have been raised in the community, indicating its commitment to this project as part of the revitalization of Chinatown, and the importance of the gate as a symbol of Chinatown's heritage. Mr. Ip also encouraged Council to approve the lesser form of security for the project as presented for consideration in the staff report. Mr. Ip expressed concern with regard to timing, noting construction permits must be in place before Provincial funding can be released, whereas the City requires documentation of funding prior to issuance of a construction permit.

Joe Wai, Architect, and Teresa Syrnyk and Frank Came, Directors, Chinatown Millennium Society provided additional information regarding the timing concerns.

Ms. Clift, Brent MacGregor, Deputy City Manager, and Tom Timm, Deputy City Engineer, responded to questions regarding the delegations' concerns regarding timing of permits and funding.

MOVED by Councillor Don Lee
THAT the Committee recommend to Council

A. THAT Council approve the Vancouver Chinatown Millennium Society's ( "the Society") proposal to construct the Chinatown Millennium Gate ("the Gate"), as shown on Appendix `A' of the Administrative Report dated September 14, 2001, entitled "Proposed Chinatown Millennium Gate", over Pender Street, east of Taylor Street, subject to entering an agreement with terms and conditions to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services as outlined in that report;

B. THAT Council approve the proposed geometric for Pender Street, between Carrall Street and Abbott Street, as shown on Appendix `B' of the Administrative Report dated September 14, 2001, entitled "Proposed Chinatown Millennium Gate";

C. THAT Council release the previously approved $250,000 grant to the Society for the construction of the Gate, to be paid out in accordance with the provisions outlined in the Administrative Report dated September 14, 2001, entitled "Proposed Chinatown Millennium Gate"; source of funds to be Streets Basic Capital Unappropriated ACCOUNT 30000131 - Beautification and Street Trees;

D. THAT Council take ownership of the Gate on the condition that $50,000 be provided to the City's Public Art Maintenance Reserve for future maintenance of the Gate;

E. THAT Council accept maintenance responsibility for the Gate, and in accordance with policy for all Public Art projects, provide sufficient funds to the Public Art Maintenance Reserve, (estimated to be $50,000); source of funds to be Streets Basic Capital Unappropriated ACCOUNT 30000131 -Beautification and Street Trees;

F. THAT Council require a form of security for the project by holding back $50,000 from the City's grant for the normal construction holdback period.

CARRIED UNANIMOUSLY
(Councillor Puil absent for the vote)

The Committee adjourned at 5:00 p.m.

* * * * *

CITY OF VANCOUVER

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

SEPTEMBER 20, 2001

A Regular Meeting of the Council of the City of Vancouver was held on Thursday, September 20, 2001, at 5:00 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
Deputy Mayor Daniel Lee
Councillor Fred Bass
Councillor Jennifer Clarke
Councillor Lynne Kennedy
Councillor Don Lee
Councillor Tim Louis
Councillor Sandy McCormick
Councillor Gordon Price
*Councillor Sam Sullivan

ABSENT:

Councillor George Puil

CITY MANAGER'S
OFFICE:

Brent MacGregor, Deputy City Manager

CITY CLERK'S OFFICE:

Laura Kazakoff, Meeting Coordinator
Nancy Largent, Meeting Coordinator

*Denotes presence for a portion of the meeting.

"IN-CAMERA MEETING"

MOVED by Councillor Don Lee
SECONDED by Councillor McCormick

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:

(h) litigation or potential litigation affecting the city.

CARRIED UNANIMOUSLY

COMMITTEE OF THE WHOLE

MOVED by Councillor Don Lee
SECONDED by Councillor Clarke

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

CARRIED UNANIMOUSLY

UNFINISHED BUSINESS

1. Text Amendment: Congregate Housing (File 1401-36)

At the Public Hearing on September 13, 2001, Vancouver City Council concluded hearing from the public on this item, and referred its decision to a future Council meeting.

MOVED by Councillor Clarke

THAT, due to time constraints, decision on this matter be referred to a future meeting of Vancouver City Council.

CARRIED UNANIMOUSLY
(Councillor Sullivan and the Mayor not eligible to vote)

VARY AGENDA

The Council agreed to vary the Agenda in order to consider City Manager's Policy Reports and Committee Reports prior to dealing with Unfinished Business Item 2.

CITY MANAGER'S POLICY REPORTS

1. Billboards near SkyTrain and other Guideways or Passenger Service Rail Tracks (File 2851)

A Council member referred to a letter dated September 19, 2001, from Vancouver Film Studios, requesting the opportunity to meet with a representative of the City prior to the matter being referred to Public Hearing.

MOVED by Councillor Sullivan

THAT consideration of the Policy Report dated August 30, 2001, entitled "Billboards near Skytrain and other Guideways or Passenger Service Rail Tracks", be postponed to the next meeting of City Council.

LOST
(Councillors Bass, Clarke, Daniel Lee, Don Lee, Louis, McCormick, Price and the Mayor opposed)

A withholding motion to not allow billboard applications to be submitted in the interim between this meeting and the next City Council meeting was moved concurrently with the above-noted motion and was ruled out of the order by the Mayor and was not put to a vote.

MOVED by Councillor Louis

THAT the Director of Current Planning be instructed to make application to amend the Sign By-law to prohibit the placement of billboards within 60 metres of all existing and future Skytrain and other rapid transit guideways or rail tracks carrying passenger service trains, generally in accordance with Appendix A of the Policy Report dated August 30, 2001, entitled "Billboards near Skytrain and other Guideways or Passenger Service Rail Tracks";

FURTHER THAT the Director of Legal Services be instructed to prepare the necessary amending by-law; and

FURTHER THAT the application and by-law be referred to Public Hearing.

CARRIED
(Councillors Kennedy and Sullivan opposed)

COMMITTEE REPORTS

Report of Standing Committee on Planning and Environment
September 20, 2001

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

Cl.1: Proposed Amendment to Subdivision By-law No. 5208 -

Reclassification of Property at 5680 Lancaster Street

Cl.2: Amenity Bonus Proposal - 1133 Seymour Street
Cl.3: City of Vancouver Submission to the BCSPCA Community Consultation Process
Cl.4: Proposed Chinatown Millennium Gate

Clauses 1 and 3

MOVED by Councillor Kennedy

That the recommendations of the Committee, as contained in Clauses 1 and 3 of this report, be approved.

CARRIED UNANIMOUSLY

Clauses 2 and 4

MOVED by Councillor Kennedy

THAT the recommendations of the Committee, as contained in Clauses 2 and 4 of this report, be approved.

CARRIED UNANIMOUSLY
AND BY THE REQUIRED MAJORITY

* * * * *

At this point in the proceedings, Mayor Owen left the meeting and
Deputy Mayor Daniel Lee assumed the Chair.

* * * * *

UNFINISHED BUSINESS

2. Text Amendment: 1650 Bayshore Drive (File 1401-36)

At the Public Hearing on September 13, 2001, Vancouver City Council concluded hearing from the public on this item, and referred its decision to a future Council meeting.

Cameron Gray, Manager of the Housing Centre, reviewed the concerns expressed by delegations at the Public Hearing, and advised staff have subsequently met with the developer to explore further options in regard to non-market housing requirements for this development, as requested by Council. Mr. Gray distributed a third option for the reduction of the required percentage of non-market housing which arose from that meeting, and provided an overview.

MOVED by Councillor Clarke

THAT the application by the Director of Current Planning to amend the CD-1 By-law for 1650 Bayshore Drive to reduce the required percentage of non-market housing units from 20% to 13% be approved, subject to the following conditions:

THAT, prior to enactment of the CD-1 bylaw, the Bayshore Inn Social Housing for Families and Seniors Agreement be amended to:

· delete Lot M from the Lands and the non-market housing parcel located on Lot M (the west half of Building H) from the Parcels,

· require that a minimum floor space of 84,700 sq. ft. be provided for the remaining non-market housing parcel on Lot V (lower 6 residential floors of Bldg. I and Bldg. J),
· require that a minimum of 85 family units or 140 units for seniors, singles or couples, or some mix of units greater than 85 or less than 140 be provided at the discretion of the Director of the Housing Centre,
· require the owner of Lot V to build the non-market housing on Lot V (lower 6 residential floors of Bldg. I and Bldg. J) at 93% of the maximum budget that would be permitted for the project under BC Housing programs,
· deletion of Section 4 of the agreement, and

on such other terms and conditions as may be required by the City's Director of Legal Services and Director of the Housing Centre.

THAT prior to enactment of the CD-1 Bylaw, the Bayshore Open Space Agreement be amended to reallocate the open space on terms and conditions to the satisfaction of the City's Director of Legal Services, Director of Planning and Director of the Housing Centre.

THAT prior to enactment of the CD-1 Bylaw, the owner of Lot V commit to submit a preliminary development permit application to the City for all of the development on Lot V, prior to the issuance of the complete Building Permit for Building G, in form and content to the satisfaction of the Director of Planning and the Director of the Housing Centre.