CITY OF VANCOUVER

SPECIAL COUNCIL MEETING MINUTES
May 14, 2002

A Special Meeting of the Council of the City of Vancouver was held on Tuesday, May 14, 2002 , 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 Bylaw, Sign By-law and Heritage By-law, and a Heritage Revitalization Agreement.

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

COMMITTEE OF THE WHOLE

MOVED by Councillor Don Lee
SECONDED by Councillor Bass

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

CARRIED UNANIMOUSLY

1. Sign By-law Text Amendment: 1220 East Pender Street 1401-44/5307

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

Summary: The proposed amendment to the Sign By-law would assign the previously applicable district schedule (I-2) for sign purposes to this CD-1 site which was rezoned on April 9, 2002. The amendment will assign category B (I-2) to the site. The Director of Legal Services had been instructed to bring forward the amendment at the time of enactment of the CD-1 By-law but has advised the amendment must be dealt with at a public hearing.

The Director of Current Planning recommended approval.

Staff Comments

Lynda Challis, Planner, briefly introduced the application and offered to answer any questions.

Summary of Correspondence

No correspondence was received on this item.

Speakers

The Mayor called for any speakers and none came forward.

Council Decision

MOVED by Councillor Don Lee

  THAT the Sign By-law be amended generally as set out in Appendix C of the Policy Report dated September 18, 2001, to assign category B (I-2) to the site at 1220 East Pender Street.

CARRIED UNANIMOUSLY

2. Rezoning: 2876 Rupert Street 1401-44/5307

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

Summary: The proposed rezoning would permit highway oriented retail uses on the site. Amendments are also required to the Zoning & Development By-law and the Sign By-law.

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

Staff Comments

Lynda Challis, Planner, advised that the applicant would be requesting that some conditions be amended, as set out in Appendix F of the Policy Report dated January 17, 2002. Staff have held a number of meetings with the applicant about these conditions, and do not support the amendments requested. Ms. Challis explained the rationale for recommending approval of the conditions, emphasizing the need for consistency..

Ms. Challis and Larry Beasley, Director of Current Planning, responded to questions about the location of the SkyTrain station, transportation demand management, and the daylighting of Still Creek.

Applicant Comments

Ray Spaxman Applicant, requested four changes to the fourteen proposed conditions, with the assistance of visual aids:

· too many trees have been required in a limited space, affecting visibility of the store and its signs as well as the viability of the trees; numbers should be reduced [conditions (b) (iii) and (iv)];
· amend condition (b) (v) to permit the pedestal sign at the corner of Rupert Street and Grandview Highway to remain;
· delete condition (b) (vi), permitting the existing colour scheme of the building to be retained;
· delete condition (b) (vii), which requires expensive continuous pedestrian weather protection to replace an adequate entrance canopy.

Mr. Spaxman felt that these conditions are onerous to an existing business, but may well be achieved through future development on the site.

Mr. Spaxman responded to questions about transportation demand management, numbers of trees, screening of signs, and the building colour scheme.

Ms. Challis answered a question about the availability of tree species able to fit along the sidewalk and still allow canopy space.

Mr. Beasley advised staff will work with a Parks arborist and Engineering to achieve the appropriate weather protection of trees. There is need to green and soften this space. However, provided the trees are retained, Mr. Beasley was prepared to withdraw the condition regarding the colour scheme.

Summary of Correspondence

No correspondence was received on this item.

Speakers

The Mayor called for any speakers and none came forward.

Council Decision

MOVED by Councillor Puil

THAT the application by the Spaxman Consulting Group Limited to amend CD-1 By-law No. 6654 for 2876 Rupert Street (Lot D, Block 1345, DL 536, Plan 5272) to permit highway-oriented retail uses be approved, subject to the following conditions:

(a) THAT the proposed form of development be approved by Council in principle, generally as prepared by Douglas L Massie Architect, and stamped "Received City Planning Department, August 15, 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) design development to reconfigure the parking area in conjunction with a landscape plan that provides for an enhanced pedestrian experience;

Note to applicant: Design development should reconfigure the parking layout as an entry court with defined circulation routes, and increasepermeable surfaces with landscaping. In addition, the landscape buffer along the north edge should be increased to provide more separation between the private road and the parking area. Garbage areas should be screened. On the east side of the site adjacent to the neighbouring site, a 1.0 m (3 ft.) landscape setback with a hedge should be provided;

(ii) design development to provide a landscaped setback of 3.6 m adjacent to the existing parking area along Rupert Street;

Note to applicant: The landscaped setback should be planted with grass adjacent to the sidewalk to widen the public realm, stepping back to layered planting adjacent to the parking area. The vehicular crossing width off Rupert Street should be minimized and enhanced with low planting on both sides. Surface parking and signage should be removed from the landscaped setback.

(iii) design development to provide a single row of street trees along Rupert Street and to co-ordinate the tree spacing with the required weather protection;

(iv) design development to provide additional rows of the doubled trees within the landscaped setback along the Grandview Highway frontage;

Note to applicant: The hedge at the street should be deleted or moved back against the building.

(v) design development to delete the signage in the landscaped setbacks, including existing signage boards located in the parking lot and the pedestal sign at the corner of Rupert and Grandview;

(vi) design development to enhance the building's colour to reflect a more industrial character for the precinct;

Note to applicant: The use of a single subdued exterior colour is encouraged with the use of primary colours limited to accent areas.

(vii) design development to provide weather protection along the length of the Rupert Street frontage that is designed as an integral feature reflecting a more industrial, transparent character using glass/steel to enhance pedestrian interest along this facade;

Note to applicant: Consideration should be given to replacing orenhancing the existing Rupert Street entry canopy with a canopy (or canopies) of a lighter design, which is integrated with the weather protection along the length of Rupert Street. Canopy design should be coordinated with street tree locations. Canopy systems should incorporate integrated signage and lighting.

(viii) design development to provide building and landscape lighting, including entry path lighting that is integrated into the site design;

(ix) design development to reduce the scale and scope of any proposed/existing signage, noting that the signage should be subordinate to the design of the building;

Note to applicant: A comprehensive signage program for the site should be provided.

(x) design development to take into consideration the principles of CPTED having particular regard for:

- graffiti through the use of landscaping, building materials and coatings,
- break and entry without the use of bars on windows, and
- theft and robbery in the parking area.

(xi) provision of a security report to address potential impacts of adjacent SkyTrain station; and

(xii) provision of oil interceptors in the parking lot to provide greater control on inputs to Still Creek.

(c) THAT, prior to enactment of the CD-1 By-law, the registered owner shall, at no cost to the City:

(i) make suitable arrangements, to the satisfaction of the General Manager of Engineering Services, for all new hydro and telephone services to be undergrounded from the closest existing suitable service point including a review of the impact of the new site servicing to determine it's effect on the neighbourhood (this could result in the service point being adjusted to reduce the impact on the surrounding neighbourhood); and

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

1) registration of an option to purchase over the portions of Lot D, South ½ of Section 38, Town of Hastings Suburban Lands, Plan LMP5272 currently covered by registered charges Easement and Indemnity Agreement 179312M and Easement BL1701117, the same as shown in heavy outline on the sketch attached as Appendix C. The option to be for a nominal fee and otherwise to be on terms satisfactory to the General Manager of Engineering Services and the Director of Legal Services; 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 the modification, extension or release of any charges deemed necessary by the Director of Legal Services.

Where the Director of Legal Services deems appropriate, the preceding agreements are to be drawn, not only as personal covenants of the property owner, but also as Covenants pursuant to Section 219 of the Land Title Act.

Such agreements are to be registered in the appropriate Land Title Office, with priority over such other liens, charges and encumbrances effecting the subject site as is considered advisable by the Director of Legal Services, and otherwise to the satisfaction of the Director of Legal Services prior to enactment of the by-law; provided, however, the Director of Legal Services may, in her sole discretion and on terms she considers advisable, accept tendering of the preceding agreements for registration in the appropriate Land Title Office, to the satisfaction of the Director of Legal Services, prior to enactment of the by-law.

The Preceding agreements shall provide security to the City including indemnities, warranties, equitable charges, letters of credit and withholding of permits, as deemed necessary by and in a form satisfactory to the Director of Legal Services.

The timing of all required payments shall be determined by the appropriate City official having responsibility for each particular agreement, who may consult other City officials and City Council.

Amended

AMENDMENT MOVED by Councillor McCormick

THAT the foregoing motion be amended by deleting condition (b) (vi).

CARRIED
(Councillors Bass, Don Lee, Louis and Puil opposed)

AMENDMENT MOVED by Councillor Bass

THAT a further condition be added requiring the applicant to develop and submit to the General Manager of Engineering Services a trip reduction plan for employees and customers; and

FURTHER THAT the Director of Current Planning and General Manager of Engineering Services bring forward a report to incorporate trip reduction plans in all rezonings where workable.

LOST
(Councillors Kennedy, Daniel Lee, Don Lee, McCormick, Price, Puil, Sullivan and the Mayor opposed)

MOTION AS AMENDED

THAT the application by the Spaxman Consulting Group Limited to amend CD-1 By-law No. 6654 for 2876 Rupert Street (Lot D, Block 1345, DL 536, Plan 5272) to permit highway-oriented retail uses be approved, subject to the following conditions:

(a) THAT the proposed form of development be approved by Council in principle, generally as prepared by Douglas L Massie Architect, and stamped "Received City Planning Department, August 15, 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) design development to reconfigure the parking area in conjunction with a landscape plan that provides for an enhanced pedestrian experience;

Note to applicant: Design development should reconfigure the parking layout as an entry court with defined circulation routes, and increasepermeable surfaces with landscaping. In addition, the landscape buffer along the north edge should be increased to provide more separation between the private road and the parking area. Garbage areas should be screened. On the east side of the site adjacent to the neighbouring site, a 1.0 m (3 ft.) landscape setback with a hedge should be provided;

(ii) design development to provide a landscaped setback of 3.6 m adjacent to the existing parking area along Rupert Street;

Note to applicant: The landscaped setback should be planted with grass adjacent to the sidewalk to widen the public realm, stepping back to layered planting adjacent to the parking area. The vehicular crossing width off Rupert Street should be minimized and enhanced with low planting on both sides. Surface parking and signage should be removed from the landscaped setback.

(iii) design development to provide a single row of street trees along Rupert Street and to co-ordinate the tree spacing with the required weather protection;

(iv) design development to provide additional rows of the doubled trees within the landscaped setback along the Grandview Highway frontage;

Note to applicant: The hedge at the street should be deleted or moved back against the building.

(v) design development to delete the signage in the landscaped setbacks, including existing signage boards located in the parking lot and the pedestal sign at the corner of Rupert and Grandview;

(vi) deleted;

(vii) design development to provide weather protection along the length of the Rupert Street frontage that is designed as an integral feature reflecting a more industrial, transparent character using glass/steel to enhance pedestrian interest along this facade;

Note to applicant: Consideration should be given to replacing or enhancing the existing Rupert Street entry canopy with a canopy (or canopies) of a lighter design, which is integrated with the weather protection along the length of Rupert Street. Canopy design should be coordinated with street tree locations. Canopy systems shouldincorporate integrated signage and lighting.

(viii) design development to provide building and landscape lighting, including entry path lighting that is integrated into the site design;

(ix) design development to reduce the scale and scope of any proposed/existing signage, noting that the signage should be subordinate to the design of the building;

Note to applicant: A comprehensive signage program for the site should be provided.

(x) design development to take into consideration the principles of CPTED having particular regard for:

- graffiti through the use of landscaping, building materials and coatings,
- break and entry without the use of bars on windows, and
- theft and robbery in the parking area.

(xi) provision of a security report to address potential impacts of adjacent SkyTrain station; and

(xii) provision of oil interceptors in the parking lot to provide greater control on inputs to Still Creek.

(c) THAT, prior to enactment of the CD-1 By-law, the registered owner shall, at no cost to the City:

(i) make suitable arrangements, to the satisfaction of the General Manager of Engineering Services, for all new hydro and telephone services to be undergrounded from the closest existing suitable service point including a review of the impact of the new site servicing to determine it's effect on the neighbourhood (this could result in the service point being adjusted to reduce the impact on the surrounding neighbourhood); and

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

1) registration of an option to purchase over the portions of Lot D, South ½ of Section 38, Town of Hastings Suburban Lands, Plan LMP5272 currently covered by registered charges Easement andIndemnity Agreement 179312M and Easement BL1701117, the same as shown in heavy outline on the sketch attached as Appendix C. The option to be for a nominal fee and otherwise to be on terms satisfactory to the General Manager of Engineering Services and the Director of Legal Services; 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 the modification, extension or release of any charges deemed necessary by the Director of Legal Services.

Where the Director of Legal Services deems appropriate, the preceding agreements are to be drawn, not only as personal covenants of the property owner, but also as Covenants pursuant to Section 219 of the Land Title Act.

Such agreements are to be registered in the appropriate Land Title Office, with priority over such other liens, charges and encumbrances effecting the subject site as is considered advisable by the Director of Legal Services, and otherwise to the satisfaction of the Director of Legal Services prior to enactment of the by-law; provided, however, the Director of Legal Services may, in her sole discretion and on terms she considers advisable, accept tendering of the preceding agreements for registration in the appropriate Land Title Office, to the satisfaction of the Director of Legal Services, prior to enactment of the by-law.

The Preceding agreements shall provide security to the City including indemnities, warranties, equitable charges, letters of credit and withholding of permits, as deemed necessary by and in a form satisfactory to the Director of Legal Services.

The timing of all required payments shall be determined by the appropriate City official having responsibility for each particular agreement, who may consult other City officials and City Council.

CARRIED UNANIMOUSLY

Italics denote amendment.

3. Heritage Designation: 690 Burrard Street 1401-44/5051

(Christ Church Cathedral)

An application by Charlotte Murray, The Iredale Partnership, was considered as follows:

Summary: To designate certain interior elements of Christ Church Cathedral in return for heritage density to be transferred off site.

The Director of Current Planning recommended approval.

Staff Opening Comments

Yardley McNeill, Heritage Planner, reviewed the application to designate the interior of Christ Church Cathedral and the related Heritage Revitalization Agreement (HRA), with reference to the history of the church (noting that the exterior of Christ Church has already been designated), design, structural features and heritage density bonus policy. Ms. McNeill reviewed thirteen specific heritage elements which will be protected, the proposed addition of an organ loft, and planned seismic upgrading and related costs. The cathedral administration, City staff, and the Vancouver Heritage Commission unanimously support the application. Ms. McNeill also reviewed the public process followed, and explained that there is a range of heritage conservation approaches to such restorations.

Ms. McNeill and Larry Beasley, Director of Current Planning, answered a question about how transferable FSR was determined for an interior designation. Mr. Beasley advised staff intend to come forward with a strategy for determining which heritage interiors will be considered for designation; only a few have been designated to date. Staff will also report on the heritage density bank.

Applicant Opening Comments

The Very Reverend Peter Elliott, Dean of Christ Church Cathedral, Charlotte Murray, The Iredale Partnership, and Robert Lemon, Robert G. Lemon Architecture and Preservation, were present on behalf of the Applicant.

Dean Elliott gave further details about the lengthy public process followed, which resulted in 90% of parishioners in favour of the proposals. The parish is grateful for this opportunity to do quality work on the interior and preserve the church's heritage, while making it more flexible for modern worship, and more accessible.

Summary of Correspondence

The following correspondence was received:

· one E-mail supporting the application;
· three letters opposing the application;
· two newspaper articles.

Speakers

The following speakers opposed approval of the application:

Daisy McCall, parishioner, Christ Church Cathedral
Ann Ferries
Myfanwy Griffiths, parishioner, Christ Church Cathedral.

Following are some of the comments made by those opposed:

· the heritage density bonus proposed is inequitable; other churches which have carried out renovations have not received such a bonus;
· Christ Church received a substantial sum for designation of the exterior, but work has not been done adequately;
· concern was expressed about various features of the proposal, including work which would obscure two trusses, storage of one third of the pews and use of chairs, double-glazing of stained glass windows, sealing of dormer windows and consequent loss of fresh air, removal of the pulpit, relocation of the peace chapel; the proposed new gallery, and replacement of the existing lanterns;
· this proposal will make the church a construction site for seven years, and will not preserve the traditional, old-fashioned feel of the church;
· the public process was flawed;
· Council was asked to defer the matter for further public input to reach a solution acceptable to all.

Janet Leduc, Heritage Vancouver (brief filed), supported the overall revitalization proposal, but did not support the design for new additions in their current form. Heritage Vancouver reluctantly supports replacement of the 1905 Gothic Revival balcony with a large loft to accommodate the new organ, but the introduction of materials not part of the existing church fabric is a concern. Council was urged to support designation of the interior and heritage density bonus, but the contemporary plate glass and metal design proposed for new interior construction should be reconsidered.

The following speakers supported approval of the application:

Julie Macdonald, Chair, Vancouver Heritage Commission
Rayleen Nash, parishioner, Christ Church Cathedral.
Richard Steedman. Treasurer, Christ Church Cathedral
Graham Rawlings, Rector's Warden, Christ Church Cathedral.

Following are some of the comments made in support of the application:

· the Vancouver Heritage Commission supports this application, which fully meets heritage standards and is consistent with other bonus proposals;
· there have been many changes to Christ Church during its long history;
· these proposals have been strongly supported by a 90% majority of parishioners;
· the need for a new organ has been a priority for some years;
· there have been more than 2,000 financial contributions with over $2.4 million coming from parishioners;
· there is no intention to use to use brass in the new gallery - it will all be bronze;
· re the issue of maintaining a continuum from old to new, a brand new organ with everything around it made to look old would not work;
· moving pews downstairs will keep arrangements flexible;
· the two-year public process provided unbiased information and had good representation by the congregation;
· re Heritage Vancouver's request, minor design elements are not finalized, but the broad design is complete and it would be difficult to make changes at this late stage.

Responding to questions, Ms. Macdonald and Ms. Leduc agreed that the old must be distinguishable from the new in heritage restorations.

The Mayor called for any further speakers and none came forward.

Applicant Closing Comments

Robert Lemon commented that during the 113-year history of the church, materials used in renovations changed. There are many design elements within the general realm of a gothic church. Each aspect of a restoration should be considered on its own merits, noting that it is good conservation practice to look at buildings as composites.

Dean Elliott answered questions regarding preservation of the Church banners.

Staff Concluding Summation

Mr. Beasley noted that Heritage Vancouver fully supports the restoration and bonusing. Its concerns relate to the details of new construction. As Director of Planning, he will review design details, and is also concerned that interventions be noticeable but compatible. The list provided in Heritage Vancouver's brief will be helpful. Mr. Beasley also commented on the issue of inequity, noting that many churches do restoration without approaching the City, which would review any proposals on their own merits.

Ms. McNeill provided further information on criteria from which the heritage density bonus was calculated.

Council Decision

MOVED by Councillor Puil

A. THAT Council authorize the City to enter into a Heritage Revitalization Agreement to secure the conservation and rehabilitation of the interiors of the Municipally designated Christ Church Cathedral at 690 Burrard Street and to supplement Development Application Number DE 405416 and the DD zoning by granting a density bonus of 6,782 m2 ( 73,170 sq. ft. ) to be transferred to sites within the Transfer of Density Policy area;

AND THAT Council require a covenant providing that the density bonus NOT be available for transfer except in phases after the rehabilitation is complete for each phase of the project, unless the owner secures completion of the rehabilitation by a separate agreement;

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

B. THAT Schedule A of the Heritage By-Law be amended to include the interior features of Christ Church Cathedral, as described in detail in the body of the Administration Report dated April 30, 2002, as Protected Heritage Property.

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

CARRIED UNANIMOUSLY

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 Puil
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-law amendments.

CARRIED UNANIMOUSLY

The Special Council adjourned at 10:05 p.m

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(c) 1998 City of Vancouver