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CITY OF VANCOUVER

SPECIAL COUNCIL MEETING MINUTES

JUNE 13, 2002

A Special Meeting of the Council of the City of Vancouver was held on Thursday, June 13, 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 Heritage, Zoning and Development, and Sign By-laws and to enter into Heritage Revitalization Agreements.

PRESENT: Councillor Jennifer Clarke, Acting Mayor

Councillor Fred Bass Councillor Don Lee
Councillor Tim Louis
Councillor McCormick
Councillor Sam Sullivan

ABSENT: Mayor Philip Owen (Civic Business)

Councillor Lynne Kennedy
Councillor Daniel Lee (Leave of Absence)
Councillor Gordon Price
Councillor George Puil (Leave of Absence)

CITY CLERK'S Tarja Tuominen, Meeting Coordinator
OFFICE:

COMMITTEE OF THE WHOLE

MOVED by Councillor Don Lee
SECONDED by Councillor Sullivan

THAT this Council resolve itself into Committee of the Whole, Acting Mayor Clarke in the Chair, to consider proposed amendments to the Heritage, Zoning and Development and Sign By-laws and to enter into Heritage Revitalization Agreements.

CARRIED UNANIMOUSLY

1. Text Amendment: 289 Alexander Street

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

Summary: The proposed text amendment would allow Residential Unit in conjunction with Artist Studio - Class B in ground floor units and add a noise warning in the by-law.

The Director of Current Planning recommended approval.

Staff Comments

Dave Thomsett, Senior Planner, advised he was present to answer questions.

Summary of Correspondence

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

Speakers

Acting Mayor Clarke called for speakers for and against the application and none were present.

Council Decision

MOVED by Councillor McCormick

THAT the application to amend CD-1 By-law No. 7652 for 289 Alexander Street (Parcel A, DL 196 & 4281, Plan LMS 3818) to allow Residential Unit in conjunction with Artist Studio - Class B in ground floor units and to add a noise warning to the Use section of the CD-1 By-law generally as outlined in Appendix A of the Policy Report dated April 19, 2002, entitled "CD-1 Text Amendment - 289 Alexander Street", be approved.

CARRIED UNANIMOUSLY

2. Rezoning: 1002 Windermere Street

An application by S. Lalli, Five Rivers Construction, was considered as follows:

Summary: The proposed rezoning would permit the construction of a one- or two-family building. The Subdivision By-law will also require amendment at time of enactment.

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, advised he was present to answer questions.

Applicant Comments

Mr. Lalli, applicant, advised he was present to answer questions.

Summary of Correspondence

No correspondence was received since the date the application was referred to Public Hearing.

Speakers

Acting Mayor Clarke called for speakers for and against the application and none were present.

Council Decision

MOVED by Councillor Louis

THAT the application by S. Lalli, Five Rivers Construction, to rezone 1002  Windermere Street (Lot 1, Block 3, DL Sec 25 E Hlf THSL, Plan 2920) from C-1 to RS-1S, be approved, subject to the following condition:

THAT, prior to enactment of the by-law, the registered owner shall, at no cost to the City, make arrangements to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services for dedication of the south 2.5 ft. of the site for lane purposes.

CARRIED UNANIMOUSLY

3. Text Amendment: 800-1100 Pacific Boulevard

An application by Matt Meehan, Pacific Place Development Corp., and the Director of Current Planning, was considered as follows:

Summary: The proposed text amendments to the CD-1 By-law and the False Creek North Official Development Plan would permit the transfer of additional residential units into Sub-area 5A of the Quayside Neighbourhood.

The Director of Current Planning recommended approval.

Staff Comments

Brent Elliott, Planning Analyst, advised he was present to answer questions.

Applicant Comments

Mr. Meehan, applicant, advised he was present to answer questions.

Summary of Correspondence

No correspondence was received since the date the application was referred to Public Hearing.

Speakers

Acting Mayor Clarke called for speakers for and against the application and none were present.

Council Decision

MOVED by Councillor Don Lee

THAT the application by Pacific Place Developments Corporation, to amend CD-1 By-law No. 7248, for 800-1100 Pacific Boulevard to add 244 residential units to Sub-Area 5A, generally as contained in Appendix A of the Policy Report dated May 2, 2002, entitled "CD-1 Text Amendment - 800-1100 Pacific Boulevard (Quayside Sub-Area 5A)", be approved.

FURTHER THAT the draft consequential amendments to the FCN ODP initiated by the Director of Current Planning to transfer the 244 residential units from Sub-Area 6A to Sub-Area 5A, generally as contained in Appendix B of the Policy Report dated May 2, 2002, entitled "CD-1 Text Amendment - 800-1100 Pacific Boulevard (Quayside Sub-Area 5A)" be approved.

CARRIED UNANIMOUSLY

4. Heritage Designation: 310 Water Street

An application by Mark Ostry, Acton Johnston Ostry Architects, was considered as follows:

Summary: The proposed Heritage Revitalization Agreement and Designation will secure the conservation and protection of the building and permit a heritage bonus for transfer off-site.

The Director of Current Planning recommended approval.

Staff Comments

Yardley McNeill, Heritage Planner, presented a brief description of the application.

Applicant Comments

Robert Fung and Mark Ostry, representing the applicant, advised they were present to answer questions.

Summary of Correspondence

No correspondence was received since the date the application was referred to Public Hearing.

Speakers

Acting Mayor Clarke called for speakers for and against the application and none were present.

Council Decision

MOVED by Councillor Bass

A. THAT Council authorize the City to enter into a Heritage Revitalization Agreement to secure the conservation and rehabilitation of the Taylor Building at 310 Water Street and to supplement Development Application 406444, and the HA-2 zoning, by granting a density bonus of 3 370 m2 (36,285 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 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 Taylor Building, 310 Water Street, as a Municipal Heritage Building.

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

CARRIED UNANIMOUSLY

5. Rezoning: 801 West Georgia Street

An application by Bing Thom Architects was considered as follows:

Summary: The proposed rezoning would permit the construction of a 50-storey mixed-use (residential and hotel) tower.

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, advised he was present to answer questions.

Applicant Comments

Bing Thom, Arno Matis, and Jim Mouzourkis, representing the applicant, advised they were present to answer questions.

Summary of Correspondence

No correspondence was received since the date the application was referred to Public Hearing.

Speakers

Acting Mayor Clarke called for speakers for and against the application and none were present.

Council Decision

MOVED by Councillor Don Lee

A. THAT the application by Bing Thom Architects Inc., on behalf of Allied Holdings Inc., to rezone the site at 801 West Georgia Street (Lots F and G, Block 41, D.L. 541, Group 1, NWD Plan LMP 42609) from DD (Area A) to CD-1, to permit a 50-storey mixed-use (residential and hotel) tower, be approved, subject to the following conditions:

(a) THAT the proposed form of development be approved by Council in principle, generally as prepared by Bing Thom Architects Inc., and stamped "Received, City Planning Department, January 23, 2002", 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. (Note: Parking below lane is not part of the application.)

(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:

DESIGN DEVELOPMENT

(1) design development to the facade treatment of the six levels of above-grade parking to ensure a high-quality of urban design and architecturaldetailing which are sympathetic to the surrounding buildings and the pedestrian environment;

(2) design development to the ground floor to maximize pedestrian interest and activity, and to ensure the best possible pedestrian friendly environment in this difficult circumstance in which bus and taxi parking are accommodated and vehicular access provided to above- and below grade parking, development to include a very high quality treatment of all exposed surfaces in the porte cohere appropriate to its use and function;

(3) design development to the ground floor to achieve a better and more sympathetic relationship between this lobby floor and the tower above, and also the adjacent Hotel Georgia, including consideration of continuous weather protection for pedestrians, either by projecting canopies over the adjacent City sidewalks or by building overhangs, and to clarify the details of these amenity features;

(4) design development to the massing and articulation of the tower, to refine and clarify the architectural treatments, and to maximize its sense of slimness particularly for the upper portion of the building; and

(5) design development of the dwelling units on the lane side of the building and facing the office building across the lane to achieve an appropriate orientation and layout which maximizes privacy and views;

ACOUSTICS

(6) provision of an air conditioning system in the dwelling units which enables occupants to maintain closed windows in a location subject to high noise levels;

CPTED

(7) design development to take into consideration the principles of CPTED (Crime Prevention Through Environmental Design) having particular regard for:

(i) reducing opportunities for theft in the underground and to improve visibility through full separation of commercial and residential users,

Note to Applicant: This can be achieved by providing completeseparation of exits and lobbies for residential and hotel. Design in accordance with section 4.12 of the Parking By-Law.

(ii) reducing opportunities for mischief in exit alcoves and the open loading level, and

Note to Applicant: Secure the commercial/loading area during non-business hours with electronic communication for remote access. Exit doors may not swing over the lane, the exit area can be amalgamated with the driveway so that an alcove is not created.

(iii) reducing opportunities for graffiti on exposed surfaces in the lane through the use of high quality, graffiti resistant building materials;

LANDSCAPE

(8) provision of new street trees adjacent to the development site, the final species, quantity and spacing to the approval of Engineering Services -Streets Division and Park Board regarding tree species; and

ENGINEERING SERVICES

(9) arrangements to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services for all existing and proposed encroachments.

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

HERITAGE

(1) enter into a registered modification of the existing Hotel Georgia heritage revitalization agreement to the satisfaction of the Director of Legal Services, to delete the heritage bonus of 16 192 m² (174,300 sq. ft.) of floor area because it will be included in the CD-1 By-law;

(2) enter into a registered right of way and security agreement, to the satisfaction of the Director of Legal Services, in which the owner agrees:

(i) neither to occupy the new building nor to apply for occupancy permit until the existing Hotel Georgia building has beenupgraded as defined in Building Permit BU407483, and

(ii) if the Owner defaults in completing the heritage sensitive seismic upgrading of the existing Hotel Georgia building by the third anniversary of the enactment of the CD-1 By-law, the City may complete the upgrading, at the owner's expense.

ENGINEERING SERVICES

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

(4) arrange to the satisfaction of the General Manager of Engineering Services for the undergrounding of all new services to the site, including a review of the impact on the adjacent neighbourhood of any additional cabling that may be necessary to facilitate the under grounding of services.

B. THAT the application to amend the Sign By-law, to establish regulations for this CD-1 in accordance with Schedule "B" (DD), including a provision that signage should not be located at a height exceeding 137 m (450 ft.), be approved.

CARRIED UNANIMOUSLY

6. Heritage Designation: 1605 West 14^th Avenue

An application by Robert Turecki Architects was considered as follows:

Summary: The proposed Heritage Revitalization would secure the retention of two houses and permit the addition of an infill tower.

The Director of Current Planning recommended approval.

Staff Comments

Gerry McGeough, Heritage Planner, with the aid of plans and photographs, described the application and the notification process. The revised tower proposal addresses the concerns of the neighbours to the north on impacts to the amount of openness and views. The shrinking of the floor plan on the proposed tower form creates an additional green belt alongthe lane, reduces the proportion of the tower width, and addresses traffic concerns by increased visibility for cars exiting the ramp. Staff support the proposal to preserve two heritage buildings in return for density bonus. The Vancouver Heritage Commission also supports the proposed development.

Applicant Comments

Robert Turecki, representing the applicant, advised, after neighbourhood consultations, the applicant has made many revised changes to the application. The revised taller and narrower tower results in reduced impacts to the neighbours to the north and is more compatible with the zoning. The applicant also recognizes the importance of the last two heritage buildings of their kind on the street.

Summary of Correspondence

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

· one email and one letter in support of the application.
· one letter opposed to the application
· one letter expressing concern with aspects of the proposal and requesting a delay to allow more time to consider the effects

Speakers

Acting Mayor Clarke called for speakers for and against the application.

The following speakers opposed approval of the application:

Harold Morris, Town Villa Corp.
Tony Mears
Robert Garbig, Granville Park Lawn Bowling Club (letter filed)
Delia Molloy, Vancouver Lawn Tennis and Badminton Club (letter filed)
Emma Kongprecha, Granville Park Lodge

Gloria Zuhoene, Granville Park Lodge
Ron Bijok
Robert Angus

Following are some of the comments made by those opposed:

· objections over proposed height, lack of greenspace, obstruction of views;
· the heritage buildings will be located right at the edge of the property, at the sidewalk, with very little greenspace between them and the property line;
· concerns over notification: not enough advance notice of the Public Hearing;
· concerns with the impact the development would have on traffic and parking in the neighbourhood;
· the proposed tower will impact sightlines and views from neighbouring properties;
· the parking ramp will cause traffic circulation problems on Fir Street and is a traffic safety concern;
· building is still too bulky in width and height; relocating the core of the building to the back of the property will improve view corridors north to south;
· a balcony exemption would remove almost 20 feet from width of building; no justification for restriction on balcony widths;
· the proposal is too high in density; not in favour of using a public subsidy for saving a private building.

Applicant Closing Comments

Mr. Turecki reiterated the revised proposal is not increasing density or floorspace over the original application. In order to provide a greater front yard setback, the entire structure would have to be pushed back closer to the lane, and therefore closer to the neighbouring building located on the north side.

Staff Closing Comments

Gerry McGeough reviewed the notification process for the application and responded to the concerns with density, impacts on views and sightlines, traffic and safety issues. The applicant has gone through dramatic changes with the proposal to address concerns raised by the neighbours to the north, who now feel their needs have been met. Staff feel the current proposal reaches a good balance and support the application.

Council Decision

MOVED by Councillor Louis

A. THAT Council authorize the Director of Legal Services to enter into a Heritage Revitalization Agreement for the property at 1605 West 14th Avenue to:
· secure the rehabilitation, protection and ongoing maintenance of two "C"- category Vancouver Heritage Register buildings; and
· vary the RM-3 District Schedule and general provisions of the Zoning and Development By-law, as recommended by staff, to:

- increase the maximum floor space ratio from approximately 1.7 to 1.9 to a maximum of 2.57;
- permit three principal buildings;
- increase the minimum west side yard for a tower from 2.1 m(6.9 ft.) to 6.1 m (20 ft.);
- not apply the horizontal and vertical angles of daylight; and
- vary the side and front yards for the heritage buildings;
- increase the maximum balcony projection into side yards from 1.2m (4.9 ft.) to 2.74 m (9.0 ft.).

B. THAT Council designate the heritage buildings at 1605-07 and 1615-17 West 14th Avenue as Protected Heritage Property.

C. THAT Council require that a registered agreement to secure the protection during construction and the prompt rehabilitation of the two heritage buildings, to the satisfaction of the Directors of Current Planning and Legal Services.

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

E. THAT the Director of Legal Services bring forth the by-law to designate the heritage buildings at 1605-07 and 1615-17 West 14th Avenue under Schedule A.

CARRIED
(Councillor Bass opposed)

MOVED by Councillor McCormick

THAT the front yard setback be amended to be the same as the adjacent building setback to the west in the order of two to three feet.

LOST
(Councillors Don Lee, Louis, Sullivan, and Acting Mayor Clarke opposed)

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 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 9:45 p.m.

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(c) 1998 City of Vancouver