Vancouver City Council

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CITY OF VANCOUVER SPECIAL COUNCIL MEETING MINUTES JANUARY 29, 2003

A Special Meeting of the Council of the City of Vancouver was held on Wednesday, January 29, 2003, 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 CD-1 Bylaws, and a Heritage Revitalization Agreement.

PRESENT:	Deputy Mayor Jim Green Councillor Fred Bass Councillor David Cadman Councillor Peter Ladner Councillor Raymond Louie Councillor Tim Louis Councillor Anne Roberts Councillor Sam Sullivan
ABSENT:	Mayor Larry Campbell, Civic Business Councillor Tim Stevenson, Leave of Absence Councillor Ellen Woodsworth, Leave of Absence

CITY CLERK'S OFFICE:	Laura Kazakoff, Meeting Coordinator

LEAVE OF ABSENCE

MOVED by Councillor Louie
SECONDED by Councillor Louis

THAT Councillor Tim Stevenson be granted Leave of Absence for this evening's meeting.

CARRIED UNANIMOUSLY

COMMITTEE OF THE WHOLE

MOVED by Councillor Louis
SECONDED by Councillor Louie

THAT this Council resolve itself into Committee of the Whole, Deputy Mayor Green in the Chair, to consider proposed amendments to the Zoning and Development, CD-1 and Heritage By-laws, and a Heritage Revitalization Agreement.

CARRIED UNANIMOUSLY
1. Heritage Designation: 786 East King Edward Avenue

An application by Sandra Moore, MAIBC, was considered as follows:

Summary: A Heritage Revitalization Agreement and Designation of Vancouver Heritage Register "B" house to permit subdivision and construction of an additional single-family dwelling.

The Director of Current Planning recommended approval.

Staff Comments

Terry Brunette, Heritage Planner, 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 were present.

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 786 East King Edward Avenue to:

· secure the protection and on-going maintenance of this "B" category Vancouver Heritage Register house;
· vary the RS-1S District Schedule of the Zoning and Development By-law including a floor space ratio increase from 0.44 to 0.69 for the existing heritage house on the proposed north parcel, so that no zoning non-conformities are created or exacerbated by the proposed subdivision; and
· vary the RS-1S District Schedule of the Zoning and Development By-law including a floor space ratio increase from 0.60 to 0.76 for the proposed south parcel, so that this parcel with its proposed house is compatible with the heritage house as well as marketable.

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 786 East King Edward Avenue as Protected Heritage Property.

CARRIED UNANIMOUSLY
2. Text Amendment: 7400 Oak Street

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

Summary: The proposed text amendment would relax parking manoeuvring standards without reducing the required 217 spaces to park cars.

The Director of Current Planning recommends approval.

Staff Comments

Phil Mondor, Rezoning Planner, was present to respond to questions.

Summary of Correspondence

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

Speakers

The Deputy Mayor called for delegations for and against the application and none were present.

Council Decision

MOVED by Councillor Sullivan

THAT the application by the Director of Current Planning to amend the CD-1 By-law No. 7649 for 7400 Oak Street to include a Parking By-law relaxation provision, generally as outlined in Appendix A of the Policy Report dated November 26, 2002, entitled "CD-1 Text Amendment - 7400 Oak Street", be approved.

CARRIED UNANIMOUSLY

3. Text Amendment: 801 West Georgia Street

An application by Bing Thom Architects was considered as follows:

Summary: The proposed text amendment would:

- permit greater flexibility of assignment of floor area between two sites;
- enable approval of automated (robotic) parking;
- add an "activity zone" caution with respect to residential uses;
- increase the livability of residential units by increasing floor to floor heights and adjust the rooftop elevator and equipment services, thereby increasing the total building height to 155.9 metres; and
- permit standard Downtown District floor area exclusions for amenity areas.

In addition, the applicant requested an additional architectural appurtenance of up to 6.1 metres in height, further increasing the building height, which was not supported by staff.

Also before Council was a Memorandum dated January 29, 2003, from Phil Mondor, Rezoning Planner, advising of possible wording of a resolution should Council wish to grant the applicant's request for an additional rooftop architectural appurtenance. The memo also provided information on an additional by-law amendment in regard to floor area exclusion, which had been incorporated into the draft amending by-law before Council this evening.

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

Staff Opening Comments

Phil Mondor, Rezoning Planner, provided an overview of the history and process to date in relation to the proposed development of this site, reviewed the text amendments, and noted there were two applications being considered this evening, and two staff reports outlining them. He further advised that the application was not supported in its entirety by staff and explained the rationale for staff's non-support of the additional architectural appurtenance which would further increase the height of the building by approximately 20 feet.

Mr. Mondor noted staff's concern was that approval of this additional structure on the rooftop would set a precedent which could result in many more similar requests for height relaxations. If however, Council wished to approve this structure, he noted the agenda package contained a Memorandum which provided a resolution in this regard for Council to consider. In addition, Mr. Mondor noted the memo clarified a further by-law amendment required in regard to floor area exclusions which has been included in the draft amending bylaw included in the agenda this evening.

Mr. Mondor and Larry Beasley, Director of Current Planning, responded to questions regarding the impact to the view corridor and the extent of the precedent which would be set, should the requested rooftop architectural appurtenance be approved.

Applicant's Opening Comments

Bing Thom, Architect, with the aid of a PowerPoint presentation, provided an overview of the application, with particular reference to the glass spire proposed for the rooftop which is the only aspect of this application which is not supported by staff. Mr. Thom expressed concern that guidelines in regard to view cones and building heights are in conflict in regard to this site. He further noted there are only five sites in the city which are allowed to go over the 450 foot height limit, two of which are already built, so the concern over setting a precedent is not actually an issue. This building, together with the Wall Centre, has the opportunity of anchoring, or "bookending" the city. Mr. Thom advised that design is an artistic endeavour and the act of chopping a section off the top would result in destroying a work of art.

Mr. Thom also provided information regarding the proposed robotic parking, noting it will be the first of its kind in Canada.

Summary of Correspondence

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

· three letters in support of the application.

Speakers

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

The following speakers spoke in support of the application:

· Carl Meadows
· Roger Bailey, Downtown Vancouver Association
· Hugh Ryane
· Richard Henriquez.

Comments provided by the foregoing speakers included the following:

· downtown Vancouver has become a sea of "flat-top" buildings;
· a slender, clear rooftop appurtenance would have an insignificant effect on the view cone;
· it is inappropriate for planners to alter an artistic creation;
· the originally proposed 600 foot building was wholly supported by the Downtown Vancouver Association, as is the now-proposed architectural appurtenance;
· encourage the City to support architectural excellence;
· would like to see a variation of heights, i.e. a "spiky haircut" look rather than a "pudding bowl";
· buildings in the downtown should be taller and slimmer; this proposal would be a great addition to the skyline;
· the design of the building as proposed would enhance the view of the city as a whole, while the impacts to the Cambie view corridor, when taken in respect of the entire view corridor, would be infinitesimally small;
· there is no guarantee that by simply fulfilling a number of requirements, you will get the best result; it is imperative to have some discretion in cases such as this one.

Ken Panton spoke in opposition to the application, and comments provided by him included the following:

· encourage Council to not permit the height guidelines to be exceeded;
· all projects come with constraints; it is the task of a project manager to work within those set constraints;
· policies are in place to protect a need, but need backbone to hold them up;
· good building design is not dependent on tall buildings.

Staff's Closing Comments

Mr. Beasley advised that the impacts of either approving or not approving the architectural appurtenance would be modest, but noted what was at issue was the precedent which would be set should the additional height intrusion be approved.

Applicant's Closing Comments

Mr. Thom reminded Council that this site was in the tall building area, and noted that additional wording could be put in place to protect the City from setting a precedent.

Council Decision

During Council discussion, staff provided possible wording of an additional resolution which would address concerns regarding precedent, should Council wish to approve the architectural appurtenance.

MOVED by Councillor Cadman

A. THAT the application by Bing Thom Architects on behalf of Allied Holdings Inc., to amend the CD-1 By-law No. 8536 for the site at 801 West Georgia Street and 687 Howe Street (Lots F and G, Block 41, D.L. 541, Plan LMP42609), to allow some flexibility in the allocation of floor area between the two parts of the site, to enable approval of automated parking and to note that the site is in an "activity zone" as defined in the Noise By-law, be approved.

B. THAT the application by Bing Thom Architects Inc., on behalf of Allied Holdings Inc., to amend the CD-1 By-law No. 8536 for the site at 801 West Georgia Street and 687 Howe Street (Lots F and G, Block 41, D.L. 541, Group 1, NWD Plan LMP 42609), to increase building height be approved, subject to the following conditions:

(a) THAT the proposed change to the form of development previously approved by Council on June 25, 2002 be approved by Council in principle generally as prepared by Bing Thom Architects Inc., and stamped "Received, City Planning Department, November 27, 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.

(b) THAT, prior to final 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) further design development to the articulation and architectural treatment of the tower, including setbacks where possible and appropriate, to maximize the slenderness of the upper portion of the building and to ensure that its overall architectural excellence carries through to the detailing of the glass curtain wall;

(2) further design development to the mechanical penthouse, decorative roof and related architectural appurtenances to achieve an appropriate rooftop for this prominent building;

(3) further design development to include consideration of a canopy providing pedestrian weather protection; and

(4) design development to remove the proposed architectural appurtenance, which has the form of a relatively transparent glass box, about 2.4 m by 2.4 m (8 x 8 ft.), and which extends 6.1 m (20 ft.) above the total permitted building height of 155.9 m.

amended

AMENDMENT moved by Councillor Ladner

THAT "B." above be amended to add in the following:

FURTHER THAT the draft amending by-law (Height and exclusions) be amended in section 3. to add a sub-section, "4.1 (c) for a rooftop architectural appurtenance to a further height of 162.0 m but limited to a relatively transparent glass box, about 2.4 m by 2.4 m in cross-sectional area.", and also THAT the approval condition (b)(4) as set out in the Summary and Recommendations prepared by the Planning Department for consideration at the Public Hearing on January 29, 2003, which calls for the removal of the proposed architectural appurtenance, be deleted; and

FURTHER THAT in approving the intrusion of the architectural appurtenance for 687 Howe, staff be advised that, except for this extra tall building, view cone intrusions should generally not be entertained;

CARRIED
(Councillor Louis opposed)

MOTION AS AMENDED

A. THAT the application by Bing Thom Architects on behalf of Allied Holdings Inc., to amend the CD-1 By-law No. 8536 for the site at 801 West Georgia Street and 687 Howe Street (Lots F and G, Block 41, D.L. 541, Plan LMP42609), to allow some flexibility in the allocation of floor area between the two parts of the site, to enable approval of automated parking, and to note that the site is in an "activity zone" as defined in the Noise By-law, be approved.

B. THAT the application by Bing Thom Architects Inc., on behalf of Allied Holdings Inc., to amend the CD-1 By-law No. 8536 for the site at 801 West Georgia Street and 687 Howe Street (Lots F and G, Block 41, D.L. 541, Group 1, NWD Plan LMP 42609), to increase building height be approved; and

FURTHER THAT the draft amending by-law (Height and exclusions) be amended in section 3. to add a sub-section, "4.1 (c) for a rooftop architectural appurtenance to a further height of 162.0 m but limited to a relatively transparent glass box, about 2.4 m by 2.4 m in cross-sectional area.", and also THAT the approval condition (b)(4) as set out in the Summary and Recommendations prepared by the Planning Department for consideration at the Public Hearing on January 29, 2003, which calls for the removal of the proposed architectural appurtenance, be deleted; and

FURTHER THAT in approving the intrusion of the architectural appurtenance for 687 Howe, staff be advised that, except for this extra tall building, view cone intrusions should generally not be entertained;

AND FURTHER THAT approval of the application be subject to the following conditions:

(a) THAT the proposed change to the form of development previously approved by Council on June 25, 2002 be approved by Council in principle generally as prepared by Bing Thom Architects Inc., and stamped "Received, City Planning Department, November 27, 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.

(b) THAT, prior to final 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) further design development to the articulation and architectural treatment of the tower, including setbacks where possible and appropriate, to maximize the slenderness of the upper portion of the building and to ensure that its overall architectural excellence carries through to the detailing of the glass curtain wall;

(2) further design development to the mechanical penthouse, decorative roof and related architectural appurtenances to achieve an appropriate rooftop for this prominent building;

(3) further design development to include consideration of a canopy providing pedestrian weather protection.

CARRIED UNANIMOUSLY

RISE FROM COMMITTEE OF THE WHOLE

MOVED by Councillor Cadman

THAT the Committee of the Whole rise and report.

CARRIED UNANIMOUSLY

ADOPT REPORT OF COMMITTEE OF THE WHOLE

MOVED by Councillor Cadman
SECONDED by Councillor Ladner

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

BY-LAWS

MOVED by Councillor Louis
SECONDED by Councillor Cadman

THAT Council vote to enact the by-laws before Council this evening as numbers 1 and 2 and authorize the Mayor and City Clerk to sign and seal the enacted by-laws.

CARRIED UNANIMOUSLY

1. A By-law to authorize Council entering into a Heritage Revitalization Agreement with the Owner of Heritage Property (786 East King Edward Avenue) (By-law Number 8624)

2. A By-law to designate heritage property, and to amend By-law No. 4837, being the Heritage By-law (786 East King Edward Avenue) (By-law Number 8625)

The Special Council adjourned at 9:50 p.m.

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