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CITY OF VANCOUVER SPECIAL COUNCIL MEETING MINUTES FEBRUARY 27, 2003 |
A Special Meeting of the Council of the City of Vancouver was held on Thursday, February 27, 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 Zoning and Development By-law CD-1 Bylaws, ODPs, and to enter into Heritage Revitalization Agreements and to designate heritage property.
PRESENT: |
Mayor Larry Campbell
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ABSENT: |
Councillor Fred Bass (Leave of Absence)
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CITY CLERK'S OFFICE: |
Lori Isfeld, Meeting Coordinator |
COMMITTEE OF THE WHOLE
MOVED by Councillor Louis
SECONDED by Councillor Stevenson
THAT this Council resolve itself into Committee of the Whole, Mayor Campbell in the Chair, to consider proposed amendments to the Zoning and Development, CD-1 and Heritage By-laws, ODPs, and Heritage Revitalization Agreements.
CARRIED UNANIMOUSLY
1. HRA/Heritage Designation: 5055 Connaught Drive
An application by Andrew Crosse was considered as follows:
Summary: A Heritage Revitalization Agreement and Designation to secure the long term protection of the "A" listed heritage building and to permit a variance to the Subdivision By-law.
The Director of Current Planning recommended approval.
Staff Comments
Yardley McNeill, Heritage Planner, provided an overview of the history and public process to date in relation to the proposed restoration of this site and reviewed the Zoning and Development and Subdivision By-law variances. Ms. McNeill noted the project was a challenge and acknowledged adjustments made by the owner in response to concerns expressed by staff and the public.
Applicant Comments
Bob McGilvray, R.D. McGilvray Architecture & Planning, representing the applicant, commented on several aspects of the application, and noted the construction and sale of the two new guideline-designed houses that flank the Heritage "A" home makes retention and designation financially viable, that Lot 21's design is the subject of a separate Development Permit Application currently being processed, and that Lot 19 has not yet been designed.
Summary of Correspondence
No correspondence was received.
Speakers
The Mayor called for speakers for and against the application.
Julie MacDonald, Chair, Vancouver Heritage Commission, advised that on November 18, 2002, the Commission unanimously supported the restoration of the home to its original single family use based on their conclusion that the restoration far outweighs any impacts the development may have on the neighbourhood. Ms. MacDonald also requested amendments to the Heritage Revitalization Agreement, Subdivision By-Law, and Recommendations to Council as follows:
· Paragraph D of the HRA to reflect the increase in lot width to 49 feet ( 14.9 m) for Lot 19( South Parcel), thereby changing the reduction from the previous 80 feet width by 31 feet;
· Paragraph E of the HRA to reflect the change in the north and south side yard setbacks to 3.28 ft.;
· to reflect the change to the Subdivision By-Law - Schedule A Table 1- Category E to read "proposed variation 49 ft. ( 14.9m)"; and
· within the staff recommendations to Council to amend Recommendation E to include, "limit the floor area to 3000 sq.ft. above grade" and "increase the front yard setback to that required under the RS-5 zoning regulations plus and additional 4.5 feet".
Staff Closing Comments
Ms. McNeill advised that staff support the amendments proposed by the Vancouver Heritage Commission.
Council Decision
MOVED by Councillor Louie
A. THAT Council authorize the Director of Legal Services to enter into a Heritage Revitalization Agreement for the property at 5055 Connaught Drive to:
a) secure the protection and ongoing maintenance of this "A" category Vancouver Heritage Register house;
b) vary the provisions of the RS-5 District Schedule of the Zoning and Development By-law as described within Development Permit DE407129, so the existing zoning non-conformities of the heritage house on Lot 20, are made lawful in perpetuity; and
c) vary the Subdivision By-law to permit a parcel width of 49.00 ft. (14.9 m.) for the south Lot 19.
B THAT Council by By-law designate the house at 5055 Connaught Drive as municipally protected heritage property.
C. THAT Council require that an agreement be registered to secure the timely restoration to the heritage building and prohibit the occupancy of any proposed dwelling on Lot 19 until the heritage house and the whole parcel it sits upon, are rehabilitated to the satisfaction of the Director of Planning and the Director of Legal Services, unless the owners secure such rehabilitation work under separate agreement.
D. THAT Council require that an agreement be registered on Lot 21 to secure the following:
a) long-term protection of the brick wall, and
b) limit development as described under Development Application DE 407130;
FURTHER as a consequence of the drafting of this agreement, design development to proceed to DE407130 to produce a compatible development with the surrounding neighbourhood and the heritage building.
E. THAT Council require that an agreement be registered on Lot 19 to secure the following:
a) long-term protection of the garage and brick wall,
b) retention and enhancement of maximum amount of landscaping along the south property line,
c) compliance with the RS-5 Design Guidelines with respect to any proposed dwelling;
d) minimum sideyard setback to any new development of 8'0" ft. (2.4 m) on the south property line;
e) limit the floor area to 3,000 sp. ft. above grade; and
f) increase the front yard setback to that required under the RS-5 zoning regulations plus an additional 4.5 feet.
F. THAT the agreements be given priority over all other charges on title, except those already held by the City, to the satisfaction of the Director of Legal Services.
G. THAT the Director of Legal Services bring forth the by-law to authorize the Heritage Revitalization Agreement and to designate the building.
H. THAT Council authorize the Director of Legal Services to amend Paragraph D of the Heritage Revitalization Agreement for the property at 5055 Connaught Drive the increase in lot width to 49 ft (14.9m) for Lot 19 (South Parcel), thereby changing the reduction from the previous 80 ft. width by 31 ft.
I. THAT Council authorize the Director of Legal Services to amend Paragraph E of the Heritage Revitalization Agreement for the property at 5055 Connaught Drive to change North and South Side Yard Setbacks to 1.0m (3.28 ft.) and to change the Subdivision By-law - Schedule A Table 1 - Category E to a proposed variation of 49 ft. (14.9m).
CARRIED UNANIMOUSLY
2. Heritage Designation: 1117 Pendrell Street
An application by the Director of Real Estate Services was considered as follows:
Summary: To designate the "B" listed heritage building and add it to the Vancouver Heritage Register.
The Director of Current Planning recommended approval.
Staff Comments
Yardley McNeill, Heritage Planner, was present to respond to questions.
Summary of Correspondence
No correspondence was received.
Speakers
The Mayor called for speakers for and against the application and none were present.
Council Decision
MOVED by Councillor Louis
A. That Council amend the Vancouver Heritage Register to add the building at 1117 Pendrell Street, the "Lane House", in the "B" category.
B. THAT Council by By-law designate the house at 1117 Pendrell Street as municipally protected heritage property.
C. THAT the Director of Legal Services bring forth the By-laws to designate the building.
CARRIED UNANIMOUSLY
3. Heritage Designation: 2162 Parker Street
An application by Judith O'Keefe was considered as follows:
Summary: To secure the long term protection of a "C" listed heritage building through a Heritage Revitalization Agreement and Designation and to permit an increase in Floor Area beyond that permitted under the RT-4 District Schedule.
The Director of Current Planning recommended approval.
Staff Comments
Yardley McNeill, Heritage Planner, briefly reviewed the application and noted the Vancouver Heritage Commission had unanimously supported the proposal.
Applicant Comments
Robert Lemon, representing the applicant, briefly reviewed the application, noting the owners plan to do the construction themselves, thereby salvaging as much of the original material as possible.
Summary of Correspondence
No correspondence was received.
Speakers
The Mayor called for speakers for and against the application and none were present.
Council Decision
MOVED by Councillor Cadman
A. THAT Council authorize the Director of Legal Services to enter into a Heritage Revitalization Agreement for the property at 2162 Parker Street to:
· secure the protection and on-going maintenance of this "C" category Vancouver Heritage Register house; and
· vary provisions of the RT-4 District Schedule of the Zoning and Development By-law to permit a floor space ratio (FSR) increase from the permitted 0.6 to 0.722 FSR and other zoning variances as described in Development Application 407072.
B. THAT Council by By-law designate the house at 2162 Parker Street as municipally protected heritage property.
C. THAT the Director of Legal Services bring forth the By-laws to authorize the Heritage Revitalization Agreement and to designate the building.
CARRIED UNANIMOUSLY
4. Text Amendment: CD-1s and ODPs - Affordable Housing
An application by the Director of Current Planning was considered as follows:
Summary: To amend certain Official Development Plans and CD1s to change the term "non-market housing" to "affordable housing".
The Director of the Housing Centre, in consultation with the Director of Current Planning recommended approval.
Staff Comments
Cameron Gray, Director, Housing Centre, 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 Mayor called for delegations for and against the application and none were present.
Council Decision
MOVED by Councillor Stevenson
THAT the application by the Director of Current Planning to amend the False Creek North ODP, the Coal Harbour ODP, the CD-1 By-laws for sites located within these ODPs, the CD-1 By-law for CityGate and the CD-1 By-law for Bayshore Gardens to replace all occurrences of the term "non-market housing" with the term "affordable housing", be approved.
CARRIED UNANIMOUSLY
5. Text Amendment: RT Schedules - Burned Buildings
An application by the Director of City Plans was considered as follows:
Summary: To amend section 3 of the zoning and Development By-law to permit reconstruction of Multiple Conversion and/or Infill Dwellings after a fire in RT districts.
Also before Council was a Memorandum dated February 18, 2003, from Rick Scobie, Approving Officer, which provided additional information and rationale for the provision of certainty for reconstruction, in a replicating form, if an older, existing building previously benefiting from zoning incentives is destroyed by fire.
The Director of City Plans recommended approval.
Staff Comments
Michael White, 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 Mayor called for speakers for and against the application and none were present.
Council Decision
MOVED by Councillor Louis
THAT the application by the Director of City Plans to amend the Zoning and Development By-law, generally in accordance with Appendix A of the Policy Report dated November 26, 2002, entitled "Amendment to the Zoning and Development By-law - Relaxation for Burned Buildings", so that the Director of Planning must relax the provisions of the RT-3, RT-4/4A/4N/4AN, RT-5/5A/5N/5AN, RT-6, RT-7, RT-8 and RT-9 District Schedules to permit reconstruction of developments containing Multiple Conversion Dwellings and/or Infill in cases where destroyed by fire, be approved.
CARRIED UNANIMOUSLY
6. Text Amendment: Sections 5 and 6 - Zoning and Development By-law
An application by the Director of City Plans was considered as follows:
Summary: To amend sections 5 and 6 of the Zoning and Development By-law to exempt the placement of impermeable materials within the allowable site coverage in RS districts and other housekeeping amendments.
The Director of City Plans, in consultation with the Director of Development Services, recommended approval.
Staff Comments
Heike Roth, 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 Mayor called for speakers for and against the application and none were present.
Council Decision
MOVED by Councillor Louie
THAT the application by the Director of City Plans to amend Sections 5 and 6 of the Zoning and Development By-law, generally in accordance with Appendix A of the Policy Report dated December 11, 2002, entitled "Amendments: Section 5 and 6 of the Zoning and Development By-law - Development Permit Exemption for Impermeable Materials and Housekeeping Amendments" to exempt the placement of impermeable materials within the 60% allowable site coverage in RS districts schedules from a development permit, and other housekeeping amendments, be approved.
CARRIED UNANIMOUSLY
7. Text Amendment: 1005 Beach Avenue
An application by Lawrence Doyle, Architect, was considered as follows:
Summary: To permit a ceiling height increase in the penthouse unit of the CD-1 zoned site.
The Director of Current Planning recommended approval.
Staff Comments
Dave Thomsett, Senior 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 Mayor called for speakers for and against the application and none were present.
Council Decision
MOVED by Councillor Sullivan
THAT the application by Lawrence Doyle, Architect, to amend CD-1 By-law No. 8043 for 1005 Beach Avenue to increase the penthouse ceiling height, generally in accordance with Appendix A of the Policy Report dated January 10, 2003, entitled "CD-1 Text Amendment - 1005 Beach Avenue", be approved.
CARRIED UNANIMOUSLY
8. Text Amendment: 655 Great Northern Way
An application by the Director of Current Planning was considered as follows:
Summary: To correct errors created when the CD-1 By-law was last amended.
Also before Council was a Memorandum dated February 19, 2003, Dave Thomsett, Senior Planner, which identified typographical errors related to the sub-area 3A to be corrected in the Draft By-law.
The Director of Current Planning recommended approval.
Staff Comments
Michael Naylor, 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 Mayor called for delegations for and against the application and none were present.
Council Decision
MOVED by Councillor Stevenson
THAT the application by the Director of Current Planning to amend the CD-1 By-law No. 8131 for 655 Great Northern Way, to correct errors generally in accordance with Appendix A of the Policy Report dated January 10, 2003, entitled "CD-1 Text Amendment - 655 Great Northern Way", be approved;
AND FURTHER THAT the draft amending by-law prepared by the Law Department for consideration at Public Hearing on February 27, 2003, be amended to correct Table 2 and Table 3 by deleting the numbers "0.125" and replacing with the correct sub-area label "3A".
CARRIED UNANIMOUSLY
RISE FROM COMMITTEE OF THE WHOLE
MOVED by Councillor Sullivan
THAT the Committee of the Whole rise and report.
CARRIED UNANIMOUSLY
ADOPT REPORT OF COMMITTEE OF THE WHOLE
MOVED by Councillor Louis
SECONDED by Councillor Stevenson
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 8:12 p.m.
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