CITY OF VANCOUVER

SPECIAL COUNCIL MEETING MINUTES

OCTOBER 16, 2001

A Special Meeting of the Council of the City of Vancouver was held on Tuesday, October 16, 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 Downtown Official Development Plan, CD-1 By-law, and the Sign By-law.

PRESENT:	*Deputy Mayor Jennifer Clarke Acting Mayor Gordon Price Councillor Fred Bass Councillor Lynne Kennedy Councillor Daniel Lee Councillor Don Lee Councillor Tim Louis Councillor Sandy McCormick *Councillor Sam Sullivan
ABSENT:	Mayor Philip Owen (Civic Business) Councillor George Puil (Civic Business)
CITY CLERK'S OFFICE:	Lori Isfeld, Meeting Coordinator Laura Kazakoff, Meeting Coordinator

* denotes presence for a portion of the meeting.

COMMITTEE OF THE WHOLE

MOVED by Councillor Don Lee
SECONDED by Councillor McCormick

THAT this Council resolve itself into Committee of the Whole, Acting Mayor Price in the Chair, to consider proposed amendments to the Downtown Official Development Plan, CD-1 By-law, and the Sign By-law.

CARRIED UNANIMOUSLY
(Deputy Mayor Clarke and Councillor Sullivan absent for the vote.)

1. TEXT AMENDMENT: 910 Mainland Street (Showmart Building)

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Councillor Sullivan and Deputy Mayor Clarke arrived at this point in the proceedings.

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An application by the Spaxman Consulting Group was considered as follows:

Summary: The proposed text amendments to the Downtown Official Development Plan would permit a greater variety of uses and increased densities for those uses for the life of the existing building.

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

Also before Council was a memorandum from Dave Thomsett, Senior Planner, dated October 16, 2001, which amended Condition (a) to read as follows:

THAT, prior to the enactment of the amendments to the DD ODP, the registered owner shall make arrangements to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services for provision of corner bulges on Mainland Street, one at Smithe Street, and one at Nelson Street, with 50 percent of the cost to be borne by the applicant to maximum of $35,000.00 except that if only a single bulge is constructed the applicant shall only be responsible for 50 percent of the cost of the single bulge.

Staff Opening Comments

Dave Thomsett, Senior Planner, briefly reviewed the application, and referred to the above-noted memorandum (circulated at the meeting), proposing an amendment to Condition (a). Mr. Thomsett also circulated for Council's consideration a "Draft Condition of Rezoning for Facade Improvements", covering improvements such as weather protection, landscaping and facade improvements.

Mr. Thomsett, with Michael Gordon, Senior Planner, responded to questions on possible uses for the building.

Applicant Comments

Ray Spaxman, The Spaxman Consulting Group, on behalf of the building owner, noted the proposed improvements would allow the owner to productively use the building for the next few years, and facade improvements would make it more compatible with the area.

Correspondence

There was no correspondence received on this application since the date it was referred to Public Hearing.

Speakers

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

Council Decision

MOVED by Councillor McCormick

THAT Condition (a) be amended to read as follows:

THAT, prior to the enactment of the amendments to the DD ODP, the registered owner shall make arrangements to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services for provision of corner bulges on Mainland Street, one at Smithe Street, and one at Nelson Street, with 50 percent of the cost to be borne by the applicant to maximum of $35,000.00 except that if only a single bulge is constructed the applicant shall only be responsible for 50 percent of the cost of the single bulge.

FURTHER THAT the application by The Spaxman Consulting Group to amend the Downtown Official Development Plan to permit a greater variety of uses and increased densities for those uses for the life of the existing building at 910 Mainland Street (Showmart Building) be approved, subject to the following amended conditions:

(a) THAT, prior to the enactment of the amendments to the DD ODP, the registered owner shall make arrangements to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services for provision of corner bulges on Mainland Street, one atSmithe Street, and one at Nelson Street, with 50 percent of the cost to be borne by the applicant to maximum of $35,000.00 except that if only a single bulge is constructed the applicant shall only be responsible for 50 percent of the cost of the single bulge.

(b) THAT when assessing development applications for alterations or changes of use to the existing building at 910 Mainland Street, staff should use the Downtown South Guidelines to achieve improvements such as weather protection, landscaping and facade improvements that may include facade improvements to the car ramps on Cambie Street.

CARRIED UNANIMOUSLY

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At this point in the proceedings, Deputy Mayor Clarke assumed the Chair.

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2. TEXT AMENDMENT: 2001 Nanton Avenue (Arbutus Club)

An application by Richard Bernstein, Architectura, was considered as follows:

Summary: The proposed text amendment to the CD-1 would permit the relocation and expansion of a temporary tennis bubble and increased on-site parking.

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

Council also had before it a memorandum from Lynda Challis, dated October 16, 2001, which amended Condition (a) by replacing the date "November 29, 2000" with the date "January 11, 2001".

Staff Opening Comments

Lynda Challis, Planner, with the aid of display boards, reviewed the application, responded to questions, and addressed issues regarding tennis bubble colour and size, noise impacts, landscaping, the proposed access road and increased parking.

Paul Pinsker, Parking and Development Engineer responded to questions regarding the present parking shortfall and spillover, bus stop locations and transit demands for the area. Mr. Pinsker confirmed Engineering would pursue a "no parking/stopping zone", and that it would be appropriate for residents to initiate resident permit parking if they so wish.

Applicant Comments

Richard Bernstein, Architectura, representing the Arbutus Club, introduced John Furlong, CEO, Arbutus Club, who further described the proposal and noted plans to upgrade landscaping and install additional trees to help mitigate noise and block out the bubble. Mr. Furlong also pointed out that the club has become busier, and that moving overflow parking from the street to the site and improving exits and entrances reflects a balance of the interests of the club and the neighbourhood.

Mr. Bernstein reviewed technical aspects of the proposal, confirmed the club's intention not to remove any large trees, and noted their willingness to put up an acoustic fence to further help alleviate noise.

Correspondence

One letter of opposition was received since the date the application was referred to Public Hearing.

Speakers

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

The following speakers opposed the application:

Robert Falconer (brief filed)
Marilyn Pomfret
Jill Kirkby

The following are comments made by the foregoing speakers:

· parking along the east side of the club has been proposed on two previous occasions and on both occasions was unanimously rejected by Council;
· suggestion was made that arrangements be made to use the Arbutus Shopping Centre parking lot to accommodate the club's overflow parking requirements;
· the site is overbuilt and because space is limited, the club should cease its pursuit of growth;
· concern expressed that the proposed additional parking would not address noise created by those leaving banquets, weddings, and receptions, whose cars are parked on Nanton and beyond;
· concern expressed about cars not stopping at the stop sign when exiting onto Nanton.

The following supported the application:

Jennifer Campbell
Terry Crockett
Les Blond
John McLennan

The following are comments made by the foregoing speakers:

· additional on-site parking will increase safety of children walking to the club;
· the club has made an effort to address all the issues raised by neighbours;
· support expressed for the proposed access road combined with landscape buffers;
· suggestion was made that parking access and parking at the back of the property be limited to daytime hours when the club is busiest; this would address the issue of traffic running down the east corridor at night.

Applicant Closing Comments

Richard Bernstein reiterated the club would make every effort to save all major trees, that scruff would be replaced with a continuous hedge, and that a landscape architect would be on board. He also noted the club's willingness to restrict use of the proposed access road at 9:00 p.m. nightly.

Staff Closing Comments

Lynda Challis commented that Council could add a rezoning condition to restrict access hours along the east side, if legally possible. She also pointed out that Condition (b) (iv) of the development application addresses both the parking and building noise concerns of residents on the east side.

Council Decision

MOVED by Councillor Kennedy

THAT the conditions to the application be amended as follows:

· THAT Condition (a) be amended to replace the dated November 29, 2000 with the date January 11, 2001;

· THAT a condition to restrict parking on the east side of the building to no later than 9:00 p.m. nightly be added.

FURTHER THAT the application by Richard Bernstein, Architectura to amend the CD-1 By-law to permit the relocation and expansion of a temporary tennis bubble and increased on-site parking be approved, subject to the following amended conditions:

(a) THAT the proposed form of development be approved by Council in principle, generally as prepared by Richard Bernstein, Architectura, and stamped "Received City Planning Department, January 11, 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) any temporary air-supported structure to be installed no earlier than October 15th each year and dismantled no later than April 15th each year;

(ii) the temporary air-supported structure to be made of a material light in colour, such as white, grey-white or sky blue;

(iii) mechanical equipment (ventilators and exhaust systems) for the temporary air-supported structure (bubble) to be designed and located to minimize the noise impact on the neighbourhood along Nanton Street and to comply with Noise By-law No. 6555;

(iv) submit a report from an acoustic engineer, indicating measures, such as increased landscaping or acoustic absorbing material, to be undertaken to reduce noise from the building and parking area for residences to the east of the site;

(v) design development to provide additional landscaping and permeable areas within the existing and proposed parking areas to reduce the extent of pavement;

Note to applicant: This may result in a reduction in the number of proposed parking stalls.

(vi) design development to take into consideration the principles of CPTED (Crime Prevention Through Environmental Design) having particular regard for reducing opportunities for graffiti on the existing exposed wall on the north corner of the site, facing Arbutus Street. This wall and the service area should have landscape screening from Arbutus Street and hedging should extend along the exposed, blank walls;

(vii) all existing trees 20 cm caliper or greater (proposed to be removed or retained) must be illustrated on the landscape plan;

Note to applicant: Two existing trees located at the south east corner of the quad tennis courts have not been illustrated. These two trees should be retained.

(viii) provide a legal survey illustrating all existing trees 20 cm caliper or greater on the development plan;

(ix) in addition to the existing trees shown as retained along the east property line, provide a continuous landscape strip (minimum 1.0 m wide) between the property line and the parking spaces. The landscape strip shall contain one high branched tree (minimum 8 cm caliper) every 6.0 m of property line and a continuous low planting of evergreen shrubs (90 cm high) as per Parking By-law Guideline 4.8.5 "General Landscaping Requirements at the Site Periphery"; and

(x) arrangements to restrict parking on the east side of the building to no later than 9:00 p.m. nightly.

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

(i) make arrangements to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services for:

(1) widening of the existing sewer right-of-way that passes through the site from 1.52 m to 4.5 m in width, centred on the existing right-of-way; and

(2) clarification of all charges registered in the Land Title Office against title to the lands (a charge summary, including copies of all charges, must be provided) and modification, extension or release of any charges deemed necessary by the Director of Legal Services;

(ii) make arrangements for all electrical and telephone services to be undergrounded within and adjacent the site from the closest existing suitable service point.

CARRIED
(Councillors Bass and Louis opposed)

3. SIGN BY-LAW TEXT AMENDMENT: Billboards

An application by the Director of Current Planning was considered as follows:

Summary: An amendment to the Sign By-law to restrict billboards within 60 metres of existing and future rapid transit guideways and rail lines carrying passenger trains.

The Director of City Plans recommended approval.

Staff Opening Comments

Harv Weidner, Planner, with the aid of a PowerPoint presentation, reviewed the application and options for billboards along new and existing Skytrain lines, particularly in the Grandview Boundary and False Creek Flats industrial areas. Mr. Weidner responded to questions, noted 18 new applications for billboards had been received since referral to public hearing, and explained the status of existing billboards.

Correspondence

One letter in support of banning billboards altogether was received since the date the application was referred to Public Hearing.

Speakers

The Deputy Mayor called for any speakers for and against the application.

John Moonen, Director of Public Affairs and Corporate Counsel, Pattison Outdoor, spoke in support of the recommendation, with no objection to a 60 metre restriction.

Council Decision

MOVED by Councillor Don Lee

THAT the application by the Director of Current Planning to amend the Sign By-law to restrict billboards within 60 metres of existing and future rapid transit guideways and rail lines carrying passenger trains, be approved.

CARRIED UNANIMOUSLY

RISE FROM COMMITTEE OF THE WHOLE

MOVED by Councillor McCormick

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 Sullivan

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