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CITY OF VANCOUVER SPECIAL COUNCIL MEETING MINUTES MARCH 27, 2003 |
A Special Meeting of the Council of the City of Vancouver was held on Thursday, March 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 CD-1 By-law, Zoning and Development By-law, and Sign By-law.
PRESENT: |
Councillor David Cadman, Acting Chair
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ABSENT: |
Mayor Larry Campbell (Leave of Absence - Civic Business)
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CITY CLERK'S OFFICE: |
Lori Isfeld, Meeting Coordinator |
COMMITTEE OF THE WHOLE
MOVED by Councillor Stevenson
SECONDED by Councillor Louie
THAT this Council resolve itself into Committee of the Whole, Acting Mayor Cadman in the Chair, to consider proposed amendments to the CD-1 By-law, Zoning and Development By-law, and Sign By-law.
CARRIED UNANIMOUSLY
1. Text Amendment: 1966 East 19th Avenue
An application by John Castell, JM Architecture, was considered as follows:
Summary: |
The proposed amendment would increase the permitted floor space ratio and add congregate housing as a permitted use. |
Also before Council was a Memorandum dated March 18, 2003, from Alan Duncan, Rezoning Planner, regarding tenant relocation concerns. The memorandum put forth a recommendation that Appendix B, entitled "Proposed Conditions of Approval", of the Policy report dated February 10, 2003, entitled "CD-1 Text Amendment - 1966 East 19th Avenue", be amended by adding the following:
(c) (iv) submit and adhere to a tenant relocation plan to the satisfaction of the Director of the Housing Centre and the Director of Legal Services.
The Director of Current Planning recommended approval subject to conditions as set out in the Public Hearing agenda.
Staff Opening Comments
Alan Duncan, Rezoning Planner, provided background and an overview of the proposed redevelopment of the northernmost of three existing buildings to increase the number of residential rental units for low-income seniors, including a component of congregate housing, to up to 123 units at a floor space ration (FSR) of 1.27. Mr. Duncan noted the architect has accommodated conditions set out by the Urban Design Panel and staff, advised the proposed parking exceeds the minimum required for the site, and explained the tenant relocation issues. Mr. Duncan and Larry Beasley, Director of Current Planning, responded to questions.
Applicant Comments
Pat Buchanan, General Manager, New Chelsea Society, provided background on the society which was founded in 1952 by Royal Canadian Legion veterans. Mr. Buchanan reviewed the situation with regard to relocating tenants and assured Council that tenants would be taken care of and that the matter is being given top priority.
Joe Minton, Architect, reviewed additional details of the application.
Summary of Correspondence
Council was advised the following correspondence was received since the date the application was referred to Public Hearing:
· one letter in opposition to the application.
Speakers
The Acting Mayor called for speakers for and against the application.
The following speakers expressed concerns regarding the application:
Craig Moberg
Sandia Ramirez, Tenants Rights Action Coalition
Norma Strader
Barb Eisinger
Ron Clarke.
Comments provided by the foregoing speakers included the following:
· concern was expressed regarding insufficient on-street residents-only and visitors parking, and that parking in the lane is always filled; signage needs to be clearer and residents-only parking should be extended to include the rest of the block;
· concern was expressed regarding the landlord not complying with regulations regarding proper notice and compensation for those moving;
· concern was expressed regarding the stress caused to seniors by the eviction notices, moving and uncertainty about the future; and, those relocating may be facing higher rents;
· two months notice to vacate is not fair to seniors and long-term tenants;
· concern was expressed about loss of trees;
· no consideration is being given to impacts on the property next door; the new building will block the view and light, and will devalue the property.
Margaret Penner and Tom Durning expressed support for the project in general, and for the work of the New Chelsea Society. They also expressed concern regarding the lack of communication and pointed out that when redevelopments such as this take place, the people left behind need to be considered.
Applicant Closing Comments
Pat Buchanan reiterated the eviction notice has been rescinded but regrettably not as quickly as it could have been. Mr. Buchanan distributed a listing showing the status of tenant relocation, noting the relocation plan is being given top priority, and that the Society is acting in good faith and in full compliance with regulations.
Staff Closing Comments
Rob Whitlock, Senior Housing Officer, estimated it would be six months until demolition takes place, therefore satisfactory relocation seems realistic. He noted that the Society has been asked to provide a relocation plan to the satisfaction of tenants, and that if satisfaction is not reached, Council can be approached any time before the rezoning.
Alan Duncan confirmed retention of mature trees is a condition of approval.
Council Decision
MOVED by Councillor Green
A. THAT the application by JM Architecture to amend CD-1 By-law No. 4296 for 1966 East 19th Avenue (Lot 1, Block D and 13, Plan 13938, District Lot 195, except portion in S.R.W. Plan 17162. PID - 007-990-294), generally in accordance with Appendix A of the Policy Report dated February 10, 2003, entitled "CD-1 Text Amendment - 1966 East 19th Avenue", to permit the redevelopment of the northernmost building on the site to increase the number of residential units for low-income seniors, including congregate housing, to up to 123 units be approved, subject to the following conditions:
(a) That the proposed form of development be approved by Council in principle, generally as prepared by JM Architecture and stamped "Received City Planning Department August 14, 2002", provided that the Director of Planning may allow minor alterations to this form of development when approving the detailed scheme of development as outlined in (b) below.
(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, who shall have particular regard to the following:
(i) design development to establish a more identifiable entry to the building;
Note to applicant: Relocating the main entry to the East 19th Avenue facade is recommended. Also note that fire department access cannot be provided from the lane.
(ii) design development to enhance the overall roof expression by minimizing its apparent scale relative to the neighbouring residential context;
Note to applicant: This could be achieved by deleting the proposed squared edge gable treatment and reducing the height of the secondary dormers.
(iii) design development to enhance the expression the East 19th Avenue facade as part of residential streetscape;
Note to applicant: This could be achieved by emphasizing the scale and rhythm of the detached residential streetscape.
(iv) design development to improve the livability for units #106, #107, #201 and #301 by relocating/reorientating to improve daylight access and privacy;
(v) design development to take into consideration the principles of CPTED (Crime Prevention Through Environmental Design) having particular regard to reducing opportunities for theft in the underground, break and enter, and mischief and vandalism such as graffiti;
(vi) design development to include a complete Landscape Plan illustrating the landscape treatment on the development site and on the public realm and to retain the three existing trees located at the south end of the development site. The Landscape Plan submission should include the following information:
(1) a complete plant list noting common name, botanical name, size and quantity of all proposed plant materials;
(2) the public realm (to the curb and/or street) noting all existing street trees and public utilities such as lamp posts, hydro poles, fire hydrants, etc.;
(3) all existing trees 20 cm caliper or greater clearly illustrated and accurately located on the Landscape Plan and noted either retained or removed;
Note to applicant: The two Maples are located on City property, not on the development site.
(4) provision of dimensioned tree protection barriers (illustrated on the Landscape Plan) around all existing trees 20 cm caliper or greater to be retained on the development site, all existing neighbouring trees 20 cm caliper or greater located within 2 m of the property line and around all existing street trees located adjacent to the development site as per City of Vancouver Guidelines;
(5) a Certified Arborist assessment of the all existing on-site trees (which may be impacted by the proposed development), to the satisfaction of the Landscape Architectural Technician; and
(6) additional street trees, where possible, to the satisfaction of the General Manager of Engineering Services and the General Manager of the Park Board.
(c) That, prior to enactment of the CD-1 By-law, and at no cost to the City, the registered owner shall:
(i) make arrangements to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services for:
(1) provision of additional lane dedications or rights-of-way to ensure adequate 2-way traffic flow in the lane;
Note to applicant: A 3:1 taper at the lane offset is needed to ensure proper two-way traffic flow.
(2) paving of the laneway adjacent to the site;
(3) widening of the existing 1.52 m (5 ft.) right-of-way on site, (ex plan #9599) to 3.05 m in width; and
(4) lot consolidation or other means if required for use of "that part of Lot 1 in statutory right-of-way plan 17162" for parking as shown on the plans received August 14, 2002.
(ii) make arrangements to the satisfaction of the General Manager of Engineering Services for undergrounding of all new utility services for this site, including a review of any required overhead lines needed, to determine the impact, if any, on the neighbourhood.
(iii) enter into a Housing Agreement, to the satisfaction of the Manager of the Housing Centre and the Director of Legal Services, to comply with the exemption provisions for social housing in the relevant DCL By-law and the Interim City-wide CAC Policy.
(iv) submit and adhere to a tenant relocation plan to the satisfaction of the Director of Housing Centre and the Director of Legal Services.
B. THAT the Noise By-law be amended as set out in Appendix C of the Policy Report "CD-1 Text Amendment - 1966 East 19th Avenue" dated February 10, 2003.
C. THAT staff be directed to review the resident only parking situation along East 19th Avenue and parking enforcement in the lane.
CARRIED UNANIMOUSLY
2. Text Amendment: 1033 Marinaside Crescent
An application by Matt Meehan, Pacific Place Developments Corp., was considered as follows:
Summary: |
The proposed amendment would permit Live-Work as a permitted use in ground floor units along Pacific Boulevard and Cooper's Mews. |
The Director of Current Planning recommended approval subject to conditions as set out in the Public Hearing agenda.
Staff Opening Comments
Phil Mondor, Rezoning Planner, provided background and an overview of the application to amend the CD-1 By-law to add Live-Work as a permitted use for 10 of 14 ground-level office units fronting Pacific Boulevard and Cooper's Mews. Mr. Mondor reviewed resident concerns which include the impact on the livability of the units located above, the impact of additional residential population and traffic on the site, and the shortfall of visitor parking.
Mr. Mondor and Larry Beasley, Director of Current Planning, responded to questions, noting there have not been many noise complaints from buildings with similar configurations, and that the City Parking By-law does not govern visitor parking.
Summary of Correspondence
Council was advised the following correspondence was received since the date the application was referred to Public Hearing:
· two letters in opposition to the application.
Speakers
The Acting Mayor called for speakers for and against the application.
The following speakers were opposed to the application:
Nick Kovics
Hilton Lee (18 signature petition on file)
Ward Bansley
Douglas Forst, President, Strata Corporation LMS4555
Biljana Ljubdjev
Rob Piwko.
Comments provided by the foregoing speakers included the following:
· several speakers expressed concern that the units located above the proposed Live-Work units were marketed for the benefits of being above businesses, i.e., they would be vacant in the evenings resulting in less evening noise;
· the proposed Live-Work units are not configured as residential suites, i.e. entrances of the Live-Work units are directly below bedrooms of the units above;
· the developer failed to advise tenants of the proposed changes;
· Appendix C erroneously refers to a "large amount of visitor parking underground";
· there is already insufficient visitor and street parking, residents are opposed to any rezoning that would increase the parking load;
· there are many outstanding issues with the construction performance of Concord Pacific on the original project; completion to the reasonable satisfaction of the strata council should take place before granting rezoning;
· concern was expressed regarding the lack of light in the proposed Live-Work units;
· the developers do not provide consistent information and are capitalizing as much as possible.
Applicant Closing Comments
Matt Meehan, Pacific Place Developments Corp., confirmed this building has the same amount of parking as other buildings in the neighbourhood, and that because the building is concrete, noise complaints would be minimal. Mr. Meehan explained there is no demand for joined business and residential space in the area because it is too far away from foot traffic. The rezoning is required to sell the units and finish off the building. Mr. Meehan also noted that construction deficiencies are being dealt with in the same manner as other buildings.
Staff Closing Comments
Mr. Mondor noted that construction deficiencies could be investigated and agreed to arrange for a memorandum from staff on how the City might get more involved in governing and controlling visitor parking requirements. Mr. Mondor also acknowledged that the fourth paragraph on page 2 of Appendix C should read "21 visitor parking spaces underground" rather than " a large amount of visitor parking underground.
Council Decision
MOVED by Councillor Green
A. THAT the application by Pacific Place Developments Corp. to amend CD-1 By-law No. 7248, generally in accordance with Appendix A of the Policy Report dated February 11, 2003, entitled "CD-1 Text Amendment (Live-Work Use): 1033 Marinaside Crescent (Quayside Site 4FG)", for the site at 1033 Marinaside Crescent to define and add Live-Work as a permitted use in some ground-level units be approved, subject to the following conditions:
FORM OF DEVELOPMENT
(a) THAT the form of development, as illustrated in development permit (DE403987) drawings prepared by James K.M. Cheng Architects and stamped "Received, Community Services, Development Services, October 19, 1999", be revised to reflect the opportunity for Live-Work Use in the ground-level units fronting Pacific Boulevard and Coopers Mews, provided that the Director of Planning may impose conditions and approve design changes which would not adversely affect the development character of this site.
DESIGN DEVELOPMENT
(b) THAT, prior to final approval by Council of the revised form of development, the applicant shall obtain approval of a development application, for change of use from Office to Live-Work, by the Development Permit Board or Director of Planning who shall have particular regard to design development to ensure the livability of the ground-level units, including:
(i) provision of appropriate utilities (e.g., natural gas, electrical and plumbing), ventilation and related measures to meet Vancouver Building By-law requirements, and acoustical measures to meet By-law requirements for bedroom (sleeping area) noise levels; and
(ii) consideration of "light shelves" which bounce natural light farther into a unit, and taking account of available sunlight access.
AGREEMENTS
(c) THAT, prior to enactment of the CD-1 By-law amendments, at no cost to the City, the developer, Pacific Place Developments Corp. shall make arrangements for modification of the "Live/Work Studio Agreement" covenant, if required, to the satisfaction of the Director of Planning, on terms and conditions acceptable to the Director of Legal Services.
B. THAT staff be directed to make an inquiry on building construction deficiencies and whether conditions of the development permit are being met.
carried
AMENDMENT MOVED by Councillor Bass
THAT the rezoning be postponed until City staff, the developer and the strata council have had the opportunity to discuss the possibility of freeing up parking spaces for the Cooperative Auto Network.
LOST
(Councillors Cadman, Green, Ladner, Louie, Roberts, Sullivan and Woodsworth opposed)
AMENDMENT MOVED by Councillor Ladner
THAT an additional condition of the rezoning be to identify three more parking spaces for visitor parking.
LOST
(Councillors Cadman, Green, Louie, Roberts, Stevenson, Sullivan and Woodsworth opposed)
The amendments having lost, Councillor Green's motion was put and CARRIED, with Councillor Sullivan opposed to B.
3. Text Amendment: Approving Authority
An application by the Director of Current Planning was considered as follows:
Summary: |
The proposed amendments to the Zoning and Development By-law and Sign By-law would re-assign approving authority from the Director of Permits and Licenses to other authorities. |
The General Manager of Community Services recommended approval.
Staff Opening Comments
Larry Beasley, Director of Current Planning, 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
The Acting Mayor called for speakers for and against the application and none were present.
Council Decision
MOVED by Councillor Green
THAT the application by the Director of Current Planning to amend the Zoning and Development By-law and the Sign By-law, to transfer the authorities of the Director of Permits and Licenses, as outlined in Appendix B of the Administrative Report "Transferring the Authorities of the Director of Permits and Licenses" dated January 14, 2003, be approved.
CARRIED UNANIMOUSLY
RISE FROM COMMITTEE OF THE WHOLE
MOVED by Councillor Louie
THAT the Committee of the Whole rise and report.
CARRIED UNANIMOUSLY
ADOPT REPORT OF COMMITTEE OF THE WHOLE
MOVED by Councillor Stevenson
SECONDED by Councillor Louie
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 10:25 p.m.
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