Agenda Index City of Vancouver

CITY OF VANCOUVER

SPECIAL COUNCIL MEETING MINUTES

September 10 and 12, 2002

A Special Meeting of the Council of the City of Vancouver was held on Tuesday, September 10, 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 By-law and Sign By-law. The meeting was reconvened on Thursday, September 12, 2002, at the same time and place, with the same members present except Councillor Kennedy.

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, to consider proposed amendments to the Zoning and Development By-law and Sign By-law.

CARRIED UNANIMOUSLY

1. Heritage Designation: 944 Burrard Street

This item was withdrawn.

2. Text Amendment: Schedule C - Landscaped Setbacks (File 1401-48)

An application by the Director of City Plans was considered as follows:

Summary: The proposed amendment would alter the required landscaped setbacks along portions of Broadway, Boundary Road, Lougheed Highway and the Central Valley Greenway.

The Director of City Plans recommended approval.

Staff Comments

Harv Weidner, Planner, reviewed the application, with reference to the proportion of the setback to be used for greenway, cyclists' concerns, and the need for consistency along Lougheed Highway. The proposal would not affect potential expansion of the Central Valley Greenway, and the Grandview-Boundary Guidelines contemplate acquisition of further right-of-way as redevelopment occurs. A portion of the greenway planning process will be getting underway in January 2003.

Summary of Correspondence

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

Speakers

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

Council Decision

MOVED by Councillor Don Lee

THAT the application by the Director of City Plans to amend Schedule C of the Zoning and Development By-law to:

· introduce a required 12.1 metre landscape setback on the west side of Boundary Road from Lougheed Highway to Grandview Highway;
· reduce the existing 12.1 metre landscape setback for the properties on the south side of Broadway and Lougheed Highway between Lillooet Street and Boundary Road from 12.1 metres to 8.5 metres, and introduce a 3.6 metre landscape setback for the properties on the north side of the Central Valley Greenway between Lillooet Street and Boundary Road;

generally in accordance with Appendix C of the Policy Report dated June 27, 2002, entitled "Grandview Boundary Industrial Area Plan and Rezoning & Development Policies and Guidelines", be approved.

CARRIED UNANIMOUSLY

MOVED by Councillor Price

THAT at the time the Central Valley Greenway is being planned, staff be instructed to report back to Council if, in staff's opinion, the right-of-way width for the greenway and its capacity to meet future demand become issues.

CARRIED UNANIMOUSLY

3. Text Amendment: 800-1100 Pacific Boulevard (File 1401-48)

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

Summary: To create the False Creek South Official Development Plan(FCS ODP) and the False Creek South Comprehensive District(FCS) and rezone lands to False Creek South. Also amend the Sign By-law to assign FCS to Schedule B.

The Director of Current Planning recommended approval.

At the reconvened meeting of September 12, 2002, Council also had before it a memorandum from the City Manager dated September 25, 2002 (sic), entitled "Current Public Hearing on proposed False Creek South Official Development Plan and CD Zoning", setting out the following recommendations:

OR

Staff Comments

Ian Smith, Senior Planner, Central Area Major Developments Group, reviewed the application with the use of a PowerPoint presentation, with reference to the area's boundaries, existing M-2zoning, and rationale for the change from a district schedule to an official development plan. The extensive public process included participation by area property owners and the Southeast False Creek Stewardship Group. Substantial areas of agreement included the need for a very mixed-use zone, and development of guidelines including an environmental performance plan touching on all aspects of green development as part of the development permit process. Areas of disagreement were density and height. Mr. Smith reviewed and provided the rationale for the recommendations. Staff will report back on the design guidelines and the community amenity contributions at a later date.

Mr. Smith responded to questions about the time lines; factors affecting the guidelines which can be dealt with more satisfactorily at a later date; community amenity contributions; why an official development plan is preferable to a district schedule; possible development arising from the Olympic Bid, if successful; environmental standards and habitat.

Cameron Gray, Director, Housing Centre, advised that ecologists will be looking at habitat issues.

Summary of Correspondence

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

Two additional letters requesting that the Public Hearing continue were handed in at the reconvened Public Hearing on September 12, 2002, and distributed to members of Council.

Speakers

The following speakers supported the staff recommendations subject to conditions set out in a brief from the Southeast False Creek Stewardship Group dated September 10, 2002 and accompanying revisions to the ODP dated September 9, 2002:

Roy Bain (accompanied by Barbara Lindsay), Southeast False Creek
Stewardship Group (brief filed)

Following are some of the comments made by the foregoing speakers:

· the ODP should be consistent with the Southeast False Creek Policy Statement regarding sustainable development;
· environmental performance guidelines are a worthy measure, and should incorporate sustainability information from environmental studies still underway in Southeast False Creek;
· the proposed amendments should eventually be incorporated into an ODP for the entire area, which also includes the city-owned lands in Southeast False Creek;
· a working group should be empowered to create the performance guidelines for Southeast False Creek:
· the Stewardship group should be given consultant support to assist in creating the guidelines within six months;
· the Stewardship group should continue to monitor and evaluate the guidelines;
· height and density were supported with density bonusing to encourage sustainable development as proposed in the application;
· the environmental performance guidelines should form the core of implementing the sustainability policy for Southeast False Creek adopted by City Council in October 1999.

The following speakers supported the proposed ODP except for issues of height, density, and sustainability:

Peter Busby, Busby and Associates Architects, representing Bastion Development Corp.

Following are some of the comments made by the foregoing speakers:

· a density of 4.5 FSR, 4.0 FSR residential, was requested;
· the density has been reduced from the achievable 5.0 FSR originally envisioned down to 3.5 FSR, which is not economic and is insufficient to encourage development;
· comparison with the 3.5 FSR density on adjacent City lands is unfair, since parts of those lands have a higher density;
· 4.0 and 4.5 FSR communities have done well, while areas with zoning similar to that proposed have remained undeveloped;
· proposal to cap height at 150 ft. is unreasonable, it should be between 150 and 250 feet;
· leave an allowance to increase the height on a site-by-site basis;
· greater density and height are necessary to have as many people living within walking distance of Downtown as possible;
· sites in this area sit immediately above the water table and have contaminated soils, adding considerably to the cost of development;
· developers in this area must be pioneers since there is little else in the area to draw people;
· there are higher costs involved in developing sustainable buildings.

During the hearing of speakers, Ian Smith responded to questions about integration of the Southeast False Creek ODP; staff response to the recommendations of the Southeast False Creek Stewardship Group (generally supportive except for the six months proposed to produce guidelines); limitations on staff and Council's power to change a posted by-law; status of the Southeast False Creek environmental studies; rationale for the proposed height and density based on sustainability and livability issues; and potential costs of sustainable development. At Council's request, Mr. Smith undertook to bring back information on what other densities would look like in the area.

The Deputy City Manager was asked to provide a legal opinion regarding the extent to which Council may vary the parameters of a posted by-law before Council reconvened on September 12, 2002.

The foregoing speakers were heard on the evening of September 10, 2002. Council heard no further speakers at the reconvened meeting on September 12, 2002 because of its decision to terminate the Public Hearing.

Staff Summation

At the reconvened meeting held on September 12, 2002, Brent MacGregor, Deputy City Manager, provided the requested legal opinion regarding the extent to which Council may vary the parameters of a by-law once it has been posted for public hearing. Mr. MacGregorfelt it is clear that Council needs more information regarding the specifics of the guidelines and community amenity contributions, and read the recommendations of the previously cited memorandum from the City Manager, noting the options to proceed either in October 2002 or in January 2003.

Mr. MacGregor responded to questions from Council about the need for more specific information; the legality of enacting a by-law after an election; and whether Council should continue to hear speakers this evening. Should Council choose to proceed to Public Hearing in October, staff would endeavour to provide information on the guidelines, density issues, proformas, and community amenity contributions.

Council Decision

MOVED by Councillor McCormick

THAT Council terminate the Public Hearing, and adjourn the meeting;

THAT staff be instructed to report to Council, in committee prior to a new Public Hearing, on specifics for proposed False Creek South design guidelines and False Creek South community amenity contributions;

THAT Council re-confirm its resolution of July 30, 2002 regarding the "Proposed False Creek South Official Development Plan", except that Council instruct staff to revise the proposed False Creek South Official Development Plan to include the principles of sustainable development set out in the Southeast False Creek Policy Statement adopted by Council in October, 1999; and

FURTHER THAT Council instruct staff to report in January 2003 on a process and timelines of an Official Development Plan covering private and public lands in the Southeast False Creek area covered by the Policy Statement approved by Council in October, 1999.

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 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 meeting was adjourned at the following times:
9:45 p.m. on September 10, 2002;
8:00 p.m. on September 12, 2002.

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