Agenda Index City of Vancouver

4

CITY OF VANCOUVER

SPECIAL COUNCIL MEETING MINUTES

OCTOBER 22, 2002

A Special Meeting of the Council of the City of Vancouver was held on Tuesday, October 22, 2002, at 7:40 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, Sign and Parking By-laws, the False Creek North and Granville Slopes Official Development Plans, and enter into Heritage Revitalization Agreements.

PRESENT:

Deputy Mayor Sandy McCormick
Councillor Fred Bass
Councillor Jennifer Clarke
Councillor Lynne Kennedy
Councillor Daniel Lee
Councillor Don Lee
Councillor Tim Louis
Councillor Sam Sullivan

ABSENT:

Mayor Philip Owen (Leave of Absence)
Councillor Gordon Price (Leave of Absence)
Councillor George Puil

CITY CLERK'S OFFICE:

Denise Salmon, Meeting Coordinator

COMMITTEE OF THE WHOLE

MOVED by Councillor Clarke
SECONDED by Councillor Don Lee

CARRIED UNANIMOUSLY

1. Heritage Designation: True Colours Program

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

Summary: To designate houses which particpated in the true colours heritage program.

The Director of Current Planning recommended approval.

Staff Comments

Hugh McLean, Planning Analyst, Heritage Group was present to answer questions.

Summary of Correspondence

No correspondence was received.

Speakers

The Deputy Mayor called for speakers for and against the application and none came forward.

Council Decision

MOVED by Councillor Sullivan

CARRIED UNANIMOUSLY

2. Heritage Designation: 640 West Pender Street

3. Heritage Designation: 570 West 7th Avenue

An application by Chernoff Thompson Architects was considered as follows:

Summary: To designate the Shaw House as a protected heritage property in fulfilment of a condition of a Development Permit.

The Director of Current Planning recommended approval.

Staff Comments

Gerry McGeough, Heritage Planner, was present to answer questions.

Applicant's Comments

Neil Godfrey, Cressy Developments, applicant, was present to answer questions.

Summary of Correspondence

No correspondence was received.

Speakers

The Deputy Mayor called for speakers for and against the application and none came forward.

Council Decision

MOVED by Councillor Sullivan

CARRIED UNANIMOUSLY

4. Text Amendment: CD-1 By-laws Text Amendments

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

Summary: To amend several CD-1s with respect to floor area exclusion for passenger pick up and drop off.

The Director of Current Planning recommended approval.

Staff Comments

Dave Thomsett, Senior Planner, Rezoning Centre, was present to answer questions.

Summary of Correspondence

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

Speakers

The Deputy Mayor called for speakers for and against the application and none came forward.

Council Decision

MOVED by Councillor Sullivan

CARRIED UNANIMOUSLY

5. Text Amendment: Miscellaneous Text Amendments

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

Summary: Housekeeping amendments to the Zoning and Development By-law (including a CD-1) and the Sign By-law.

The Director of Current Planning recommended approval.

Staff Comments

Dave Thomsett, Senior Planner, Rezoning Centre, was present to respond to questions.

Summary of Correspondence

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

The Deputy Mayor called for speakers for and against the application and none came forward.

Council Decision

MOVED by Councillor Sullivan

CARRIED UNANIMOUSLY

6. Text Amendment: Miscellaneous Text Amendments

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

Summary: Housekeeping amendments to several industrial districts with respect to storage of goods and accessory buildings.

The Director of Current Planning recommended approval.

Staff Comments

Dave Thomsett, Senior Planner, Rezoning Centre, was present to respond to questions.

Summary of Correspondence

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

Speakers

The Deputy Mayor called for speakers for and against the application and none came forward.

Council Decision

MOVED by Councillor Sullivan

CARRIED UNANIMOUSLY

7. Text Amendment: Wedding Chapels

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

Summary: To define wedding chapel and permit them in several zoning districts.

The Director of Current Planning recommended approval.

Staff Comments

Alan Duncan, Planner, Rezoning Centre, was present to respond to questions.

Summary of Correspondence

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

Speakers

The Deputy Mayor called for speakers for and against the application and none came forward.

Council Decision

MOVED by Councillor Clarke

CARRIED UNANIMOUSLY

8. Text Amendment: Gasoline Station - Service Bays

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

Summary: To remove the requirement to retain service bays, if existing, when changing from full-serve to split-island gasoline station. (Council initiated)

Staff Comments

Dave Thomsett, Senior Planner, Rezoning Centre, was present to respond to questions.

Summary of Correspondence

Council received the following correspondence on this application:

· 3 letters in support of the application.

Speakers

The Deputy Mayor called for speakers for and against the application and none came forward.

Council Decision

MOVED by Councillor Sullivan

CARRIED UNANIMOUSLY

9. Text Amendment: 655 Great Northern Way

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

Summary: To amend the CD-1 to establish new sub-areas and assign development rights to those areas.

The Director of Current Planning recommended approval.

Staff Comments

Michael Naylor, Planner, Central Area Planning, was present to respond to questions.

Summary of Correspondence

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

Speakers

The Deputy Mayor called for speakers for and against the application and none came forward.

Council Decision

MOVED by Councillor Sullivan

CARRIED UNANIMOUSLY

10. Text Amendment: 500 Pacific Street & False Creek North ODP

An application by Pacific Place Developments for the CD-1 and application by the Director of Current Planning for the FCN ODP was considered as follows:

Summary: To amend the CD-1 by adding a marina sub-area and to make consequential amendments to the False Creek North Official Development Plan. (Also that amendments to the Beach Neighbourhood Design Guidelines be approved at time of enactment.)

Staff Opening Comments

Karis Hiebert, Planner, Central Area Major Developments Group, with the aid of a PowerPoint presentation, provided an overview of the two text amendments and noted she had received 3 emails in opposition to, and 32 in favour of, the proposal. Ms. Hiebert further noted staff support amendments to SEGS ODP to allow permanent use of Waterlot 143, and advised the applicant has revised the configuration of the marina to reflect comments received at the Open House.

Larry Beasley, Director of Current Planning, noted there is already demand for additional moorage and it is important to determine which areas are appropriate for that moorage. Mr. Beasley further noted the issue is more about where the marina will happen, and not expanding marina coverage.

Applicant's Opening Comments

Matt Meehan, Pacific Place Developments, spoke to the staff recommendations, which offer a modified proposal and take into account the issue of views. Mr. Meehan then introduced Peter Busby, Busby & Associates Architects, who distributed a schematic drawing which put forward a revised proposal for view protection. Reference was also made by Mr. Busby to the now possible pedestrian connection along the waterfront walkway, which has been agreed to by the False Creek Yacht Club.

Summary of Correspondence

Council received the following correspondence on this application:

· 15 letters in opposition to the application (also refer to Items 10 (b) and 11)

Speakers

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

The following speakers spoke in opposition to the application:

Following are some of the comments made in opposition to the application:

· public was not provided with all the pertinent information at the Open House;
· most recent layout, submitted this evening, does not provide for sufficient public input;
· another open house with proper notification and a mandate to present all pertinent information to stakeholders is requested;

· a marina is needed, but not at the narrowest part of the Creek, with the competition from the cement barges turning in this small area;
· losses are too big given the trivial nature of the benefits to the public to allow this proposal to pass;
· this proposal creates a whole new marina at the entrance of the central basin to the Creek;
· relative value of private benefit is substantial compared to benefit of public of Vancouver, also valuable to the Yacht Club but not to Vancouver's citizens;
· gasoline and diesel fumes from large vessels will impact residents living adjacent the marina, as will noise from parties on big boats;
· too much of False Creek is already occupied by boat parking lots; the proposed changes nearly double the length of shorefront where open views will be blocked by large boats;
· large boats create view pollution and noise problems;
· opposed to any more changes in the neighbourhood, no more marina expansion, no more development expansion, now losing our shorelines;
· marina should be of a size to maintain the street end and long view of the Creek;
· the Quayside Marina has doubled in size from the original ODP; and
· provisions from the ODP and guidelines should be used to guide development, and consideration given to what is reasonable in this small waterway area.

The following speakers supported approval of the application:

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

· boats add to the views in the Creek, not compromise them;
· Vancouver needs marina space for visiting boaters;
· support for the proposal - a classic compromise which solves a number of problems, especially the seawall walkway access;
· transit tourist moorage is important and in short supply in Vancouver, this proposal helps address that problem;
· currently there is no place for boaters to stop for provisions;
· for those who live in the city is it important to have boats moored close to where they live;
· support for both proposed amendments
· support for False Creek Yacht Club, and the importance for the club to gain tenure of their location, which is a perfect place to moor and store boats
· moving moorage away from George Wainborn Park helps address the view issue;
· modern boats are minimal polluters;
· changes put forward have already been approved, it is a matter of where the boats will be located;
· congestion problems may well lie with dragon boaters;
· many members join the False Creek Yacht Club for the social atmosphere; without this agreement the club may not continue to be there
· there is a big boat building industry here - the Creek has to be for all, not just a few; and
· strong support for multi-use of the Creek.

Applicant's Closing Comments

Matt Meehan, Pacific Place Developments, provided Council with a copy of a document titled "King's Landing Disclosure Statement, dated August 1, 2002 (on file), and reiterated the proposal would provide legitimate moorage for visitors travelling to Vancouver in boats. Mr. Meehan highlighted the amenity package worked out with staff and the False Creek Yacht Club, including the ferry docks and seawall public walkway.

Staff's Closing Comments

Karis Hiebert reviewed the public process, and noted some of the input from the open house had been incorporated into the application review process. In response to concerns raised related to congestion, Ms. Hiebert noted the marina location within the harbour headline has historically been used as a navigable channel in False Creek. She further noted the public right-of-way under the Granville Bridge is leased to the Yacht Club until 2051, and it would therefore be impossible for any other party to complete the public walkway close to the water's edge. Ms. Hiebert concluded by noting staff feel the revised proposal is better than staff's recommendation in the report, as it will preserve the open water view in front of George Wainborn Park, as well as address some of the concerns related to views across the water.

Staff also provided revised wording for Council, if they wished to approve the revised proposal put forward by the applicant this evening.

Council Decision

MOVED by Councillor Sullivan

A. THAT the application by Pacific Place Developments Corp. to amend CD-1 By-law No. 7675 (#366) for Beach Neighbourhood (Area 1B) at 500 Pacific Street to add a marina sub-area, generally as presented in Appendix A of the Policy Report entitled "CD-1 Text Amendment: Beach Neighbourhood (Area 1B) - 500 Pacific Street Marina" dated September 17, 2002, be approved subject to the following conditions,

FORM OF DEVELOPMENT

(a) THAT the proposed form of development be approved by Council in principle, generally as prepared by Peter Busby and Associates Architects Inc., and stamped "Received, City Planning Department, July 31, 2002", further amended as of September 05, 2002, and further amended at the Public Hearing of October 22, 2002, as illustrated in the October 22, 2002, schematic (Appendix A) prepared by Busby & Associates Architects, and titled "Concord Area 1 Rezoning Granville Marina" provided that the Director of Planning, or Development Permit Board, may allow alterations to the form of development when approving the detailed scheme of development as outlined in (b) below, except that the marina moorage area (or footprint) must be reduced from 5 022 m² to approximately 4 410 m², the maximum size of the ancillary floating marina building must be reduced from 150 m² to 75 m² and allow for an additional five berths located adjacent to the False Creek Yacht Club marina near the harbour headline and on the eastern edge of the marina.

DEVELOPMENT APPROVAL CONDITIONS

(b) THAT, prior to final approval by Council of the form of development, the applicant shall obtain approval of a development application by the Development Permit Board who shall have particular regard to the following:

DESIGN GUIDELINES

(c) THAT proposed revisions to the Beach Neighbourhood (500 and 600 Pacific Street) CD-1 Guidelines be adopted by resolution of Council at time of enactment of the CD-1 and False Creek North Official Development Plan amending by-laws.

LEGAL AGREEMENTS

(d) THAT, prior to enactment of the CD-1 and False Creek North Official Development Plan amending by-laws, at no cost to the City, the registered owner shall make arrangements for:

SOILS - REMEDIATION PLAN

SHORELINE WORKS

FLOODPLAIN

11) If necessary execute a flood plain covenant, satisfactory to the Director of Legal Services and the B.C. Ministry of Environment.

AMEND COVENANTS

12) Re-evaluate, amend and/or release all existing covenants and rights-of-way to address the proposed development to the satisfaction of the Director of Legal Services.

PARKING AND LOADING

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.

The facilities to be provided including the Services, and site remediation, may, in the discretion of the General Manager of Engineering Services and Director of Legal Services, be constructed in phases, in accordance with phasing plans satisfactory to the aforesaid officials, and the respective Agreements will provide for security and occupancy restrictions appropriate to such phasing.

The preceding 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.

B. THAT the application by the Director of Current Planning to amend the False Creek North Official Development Plan, By-law No. 6650, to add a marina sub-area in Area 1B Beach Neighbourhood, be approved.

C. THAT the General Manager of Engineering Services and Director of Legal Services be authorized to enter into an agreement with Pacific Place Developments Corp. permitting usage of the water area over a portion of City Road for marina use at a nominal fee.

D. THAT amendments to the Beach Neighbourhood Design Guidelines, as set out in Appendix D of the Policy Report titled "CD-1 Text Amendment: Beach Neighbourhood (Area 1B) - 500 Pacific Street Marina" dated September 17, 2002, be approved at the time of enactment, including a reduction in the permitted expansion zone in Beach Neighbourhood (Area 1A).

CARRIED UNANIMOUSLY

11. Text Amendment: Southeast Granville Slopes Official Development Plan

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

Summary: To amend the Southeast Granville Slopes ODP to permit a permanent marina on the waterlot (W.L. 143) at the foot of Howe Street.

The Director of Current Planning recommended approval.

Staff Opening Comments

Karis Hiebert, Planner, Central Area Major Developments Group, was present to respond to questions.

Summary of Correspondence

No further correspondence was received, apart from the previous correspondence (15 opposed) noted in Item 10.

Speakers

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

Stan Johnson and Wayne Dubrule spoke in support of the application, and noted the major benefit to the False Creek Yacht Club of a longer term lease as well as the other public amenities, including laundry facilities. It was also noted if the application was not approved, the city would not lose revenue from boaters visiting the City.

Susan Boutwood opposed the application, and noted the key provision in the guidelines - to preserve the Howe Street end view - will now be eliminated with this proposal. She further offered public benefits are being confused with guidelines, which are meant to be maintained in their intent.

Staff's Closing Comments

Larry Beasley, Director of Current Planning, in response to the concerns raised regarding loss of street end views due to boat moorage, explained staff would be opposed to any fixed construction, however boats are moveable objects that form part of the view.

Council Decision

MOVED by Councillor Clarke

THAT the application by the Director of Current Planning to amend the Southeast Granville Slopes Official Development Plan to permit permanent marina use on Water Lot 143, generally as contained in Appendix A of the Policy Report entitled "Text Amendment: Southeast Granville Slopes Official Development Plan - Permanent Marine Use on Water Lot 143", dated September 17,2002, be approved.

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 Daniel Lee
SECONDED by Councillor Don Lee

CARRIED UNANIMOUSLY

BY-LAWS

MOVED by Councillor Clarke
SECONDED by Councillor Sullivan

CARRIED UNANIMOUSLY

* * * * *

PH021022.htm

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