CITY OF VANCOUVER

SPECIAL COUNCIL MEETING MINUTES

NOVEMBER 8, 2001

A Special Meeting of the Council of the City of Vancouver was held on Thursday, November 8, 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 and Zoning and Development By-laws and to enter into a Heritage Revitalization Agreement.

PRESENT: Councillor Don Lee, Deputy Mayor

Councillor Fred Bass
Councillor Jennifer Clarke
Councillor Daniel Lee
Councillor Tim Louis
Councillor McCormick
Councillor Gordon Price
Councillor Sam Sullivan

ABSENT: Mayor Philip Owen (Civic Business)

Councillor Lynne Kennedy (Civic Business)
Councillor George Puil (Leave of Absence)

CITY CLERK'S Tarja Tuominen, Meeting Coordinator
OFFICE:

COMMITTEE OF THE WHOLE

MOVED by Councillor Clarke
SECONDED by Councillor McCormick

THAT this Council resolve itself into Committee of the Whole, Deputy Mayor Don Lee in the Chair, to consider proposed amendments to the Heritage and Zoning and Development By-laws and to enter into a Heritage Revitalization Agreement.

CARRIED UNANIMOUSLY

1. Heritage Designation: 2439 Eton Street

An application by Stuart Howard Architects was considered as follows:

Summary: Heritage Revitalization Agreement to conserve and protect an existing house, and to permit site subdivision and other zoning variances.

The Director of Current Planning recommended approval.

Staff Comments

Terry Brunette, Heritage Planner, advised he was present to answer questions.

Applicant Comments

Stuart Howard, applicant, was present to answer questions.

Summary of Correspondence

Council was advised the following correspondence was received since the date the application was referred to Public Hearing:

· one letter opposed to an increase in floor space ratio.

Speakers

Deputy Mayor Don Lee called for speakers for and against the application and none were present.

Council Decision

MOVED by Councillor McCormick

A. THAT Council authorize the Director of Legal Services to enter into a Heritage Revitalization Agreement for the property at 2439 Eton Street to:
· secure the protection and on-going maintenance of this "B" category Vancouver Heritage Register building;
· vary the RS-1S District Schedule of the Zoning and Development By-law including a floor space ratio increase from 0.6 to 0.7 on the proposed east parcel, in order to enable favourable consideration of site subdivision by the Approving Officer.

B. THAT the Director of Legal Services bring forth the by-law to authorize the Heritage Revitalization Agreement.

C. THAT the Director of Legal Services bring forth the by-law to designate the house at 2439 Eton Street as Protected Heritage Property.

CARRIED UNANIMOUSLY

2. Text Amendment: 5702 Granville Street

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

Summary: The proposed text amendment to CD-1 By-law No. 4123 would permit the redevelopment of the existing gas station and car wash plus the addition of a retail store as a principal use.

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

Staff Comments

Lynda Challis, Planner, described the proposal and responded to neighbourhood concerns. The proposal will improve the pedestrian environment along Granville Street, reduce impacts on residential neighbours, improve traffic flow along Granville Street, and provide environmental benefits. The applicant has requested the hours of operation be increased; however, the current hours of operation for the site continue to apply because of past Council decisions and concerns for the residents. Staff support the application, subject to the conditions noted in the agenda.

Applicant Comments

Richard Cook, representing the applicant, noted the redevelopment will bring significant benefits to the site. The gas station, improved car wash, reconstruction of the site and improved traffic flow will benefit the community. The applicant has met with neighbours on six occasion to address concerns. The applicant supports the proposed conditions with the exception of the limit to the hours of operation of the car wash: 8 a.m. to 6 p.m., Monday to Saturday, and closed on Sundays and holidays. The new car wash will be quieter and therefore in compliance with the City's new Noise By-law. The applicant requests there be no restriction on the car wash hours of operation.

Ms. Challis advised the Noise By-law sets noise levels but does not control hours of operation. She reiterated the hours of operation continue to be restricted based on past Council decisions and concerns of neighbours to the south. In addition, staff note that other noise concerns result from the operation of the car wash, such as vacuuming of cars and additional activity on the site.

Larry Beasley, Director of Current Planning, explained different areas may have different hours of operation based on the residential development. On this particular site, there is a longstanding obligation regarding the hours of operation and the neighbours have come toexpect that obligation.

Summary of Correspondence

Council was advised the following correspondence was received since the date the application was referred to Public Hearing:

· two letters opposed to the application
· one letter identifying issues of concern to the neighbourhood.

Speakers

Deputy Mayor Don Lee called for speakers for and against the application.

Ms. Alida Jorconi (brief filed) raised a number of concerns about the proposed redevelopment of the site, including the following: the high elevation of the gas station from the surrounding street, sidewalks, and neighbouring properties; safety issues with potential fires or earthquakes; the location of gas pumps to her residence; entrance to the car wash from Granville Street; the addition of a convenience store to the site; and delivery of fuel during the night or early morning hours.

Applicant Closing Comments

Lawrence Ng, representing Imperial Oil of Canada, advised the company is willing to adjust the fuel delivery time to later in the morning and is prepared to do a courtesy notification of the neighbourhood prior to the start of construction. The contractor and engineers will be requested to minimize neighbours' concerns during the re-development. Mr. Ng explained the proposed queuing for the car wash should eliminate congestion and the location of the gas pumps are more than twice the required distance to the closest residence.

Council Decision

During discussion, it was noted Council would be prepared to support the application with the understanding the applicant has agreed to speak with the neighbours about the issues of fuel delivery hours and construction notification.

MOVED by Councillor Clarke

A. THAT an application by Richard Cook, Davidson Yuen Simpson Architects, to amend CD-1 Bylaw No. 4123 for 5702 Granville Street to permit the redevelopment of the existing gas station and car wash, plus the addition of a retail store as a principal use, be approved subject to the following conditions:

(a) That the proposed form of development be approved by Council in principle, generally as prepared by Richard Cook, Davidson Yuen Simpson Architects,and stamped "Received City Planning Department, May 18, 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 take into consideration the principles of CPTED (Crime Prevention Through Environmental Design) having particular regard to reducing opportunities for graffiti on the lane wall. Any blank walls should be covered with hedging and vines;
(ii) design development to garbage storage area to increase screening to reduce impacts on residential neighbours;
(iii) design development to the fence and retaining wall along the south property line to limit the overall height to a maximum of 1.9 m (6 ft.); and
(iv) as a condition of the development permit, the hours of operation of the proposed car wash will be from 8:00 a.m. to 6:00 p.m., Monday through Saturday and closed Sundays and eight Statutory Holidays (New Year's Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving, Christmas and Boxing Day).

(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 Director of Legal Services for:

(1) dedication of existing explanatory plan # 17467 (existing 3.048 m by 3.048 m right of way) for road purposes; 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.

B. THAT traffic implications for Granville Street and noise levels at the site be reviewed in a year's time after opening of the new operation.

CARRIED
(Councillor Louis opposed)

3. Rezoning: 1220 East Pender Street

An application by Eric Klokstad was considered as follows:

Summary: The proposed rezoning from I-2 to CD-1 would permit residential uses in conjunction with manufacturing, communications and utilities, wholesaling and service uses.

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

Staff Comments

Dave Thomsett, Senior Planner, reviewed the application, noting the applicant proposes to combine Residential Unit in conjunction with selected I-2 uses. Staff have achieved a workable solution with the applicant, addressing fire and life safety concerns, unit size and required parking standards. The applicant has offered one strata unit as a community amenity to the City to be used as a Community Policing Centre. Staff have agreed to the conveyance of an unit containing the Community Policing Centre, at no cost to the City, as a condition of rezoning. However, the intent would be for Real Estate to continue with the existing arrangement where the Police Office pays no rent with the exception of operating costs. The Police Office would also be expected to pay the monthly strata fee.

Applicant Comments

Randy Olafson, representing the applicant, advised the applicant supports staff's comments and the proposed conditions. However, he requested the deletion of Section 3.5 in the Conditions of Use in the draft by-law, which limits the number of persons who may occupy the residential component of a work/live unit to two.

Mr. Thomsett advised the clause limiting the number of persons is a standard provision for all artist live/work buildings. However, the City's Legal Department has advised the clause is difficult to enforce. Staff would be agreeable to removing it.

Summary of Correspondence

Council was advised the following correspondence was received since the date the application was referred to Public Hearing:

· one letter in support of the application

Speakers

Deputy Mayor Don Lee called for speakers for and against the application.

Dave Mills, representing Johnstone Boiler Tank Ltd., expressed concerns with the proposed work/live project. His business is located next door to the project; operates all hours of the day, seven days a week; and will, at some times of the year, be moving heavy equipment late at night, between 2 and 5 a.m. The company has operated at the present location for 30 years, and will, at certain times of the year, be working on projects which will generate noise up to 80 decibels. The company has significant concerns about future residents, who may not fully realize the noise impacts of the area, moving next door.

The following spoke in support of the application:

Ken Drushka
Carey Speck
George Pratt
Guy Campbell
Ilka Riemann
Janet Forsyth
Geoff Willits
Jan Lovekin
Mark Budgen
Andy Blick
Fergus Prentice
Jack Lee
Milan Basic

The foregoing speakers supported the applications based on one or more of the following points:

· the application is a good initiative;
· the area will benefit from the proposal;
· current residents who have lived in the area for several years, are not bothered by the noise from the boiler makers;
· the proposal will generate continued improvement in the area;
· the residents in the proposed building will be noise generators also.

Council Decision

During discussion, Council was divided on the issue of limiting the number of residents living in one unit. Some felt that as a matter of equity, Council should require the regulation to be consistent with previously approved work/live projects. Others felt that since the regulation was difficult to enforce, it should not be required.

MOVED by Councillor Bass

THAT Section 3.5, under Conditions of Use, in the draft By-law, be removed.

LOST
(Councillors Clarke, Daniel Lee, McCormick, Price, Sullivan and the Deputy Mayor opposed)

MOVED by Councillor McCormick

THAT an application by Eric Klokstad to rezone 1220 East Pender from I-2 to CD-1 to permit residential uses in conjunction with manufacturing, communications and utilities, wholesaling and service uses, be approved, subject to the following conditions:

(a) THAT the form of development be approved by Council in principle, as prepared by Hadfield & Turner Architecture, and stamped, "Received Planning Department May 21, 1997" and as approved by DE 402194.

(b) That in the approval of development applications, the Director of Planning in consultation with the Chief Building Official shall have particular regard for the following:

i) design development to include where feasible, features specifically suited to the proposed use including: appropriate door widths, firewall separation, electrical, plumbing and ventilation systems, and other mitigating features to address risks associated with explosions, toxicity (long term and short term exposure), noxious chemicals, occupational exposure, environmental health, hazardous materials, etc.

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

i) obtain acceptance of an equivalency to permit work/live units from the Chief Building Official; and

ii) make arrangements to the satisfaction of the Director of Legal Services for conveyance of Strata Lot 6 of Strata Plan LMS 3800 to the City, and such conveyance to include the rights to a parking stall at a location satisfactory to the City. The premises shall be finished to the satisfaction of the Director of Facilities Development and the Director of Real Estate Services prior to conveyance and such finishing to include a kitchen, adequate heating, lighting, ventilation and finishings, all to the typical standard of market work/live units.

FURTHER THAT the following conditions be added:

(a) THAT, at the development permit stage, consideration be given to permanently posted clear notification within the building warning that the building is located within an industrial district where noisy businesses willbe operating.

(b) THAT, prior to enactment of the CD-1 By-law, the registered owner will make arrangements to the satisfaction of the Director of Legal Services for the registration on title of all the strata units warning that the building is located within an industrial district where noisy businesses will be operating and where Noise By-law standards for Activity Zones will apply.

CARRIED
(Councillor Sullivan opposed)

RISE FROM COMMITTEE OF THE WHOLE

MOVED by Councillor Clarke

THAT the Committee of the Whole rise and report.

CARRIED UNANIMOUSLY

ADOPT REPORT OF COMMITTEE OF THE WHOLE

MOVED by Councillor Clarke
SECONDED by Councillor McCormick

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 10:00 p.m.

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(c) 1998 City of Vancouver