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CITY OF VANCOUVER SPECIAL COUNCIL MEETING MINUTES JULY 24, 2003 |
A Special Meeting of the Council of the City of Vancouver was held on July 24, 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 CD-1 By-laws, Sign By-law, Noise By-law, and to designate heritage property.
PRESENT: |
Mayor Larry Campbell
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ABSENT: |
Councillor Jim Green (Leave of Absence - Civic Business)
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CITY CLERK'S OFFICE: |
Lori Isfeld, Meeting Coordinator |
*Denotes absence for a portion of the meeting.
COMMITTEE OF THE WHOLE
MOVED by Councillor Cadman
SECONDED by Councillor Woodsworth
THAT this Council resolve itself into Committee of the Whole, Mayor Campbell in the Chair, to consider proposed amendments to CD-1 By-laws, the Sign By-law, Noise By-law, and to designate heritage property.
CARRIED UNANIMOUSLY
(Councillors Ladner and Sullivan absent for the vote)
VARY ORDER OF AGENDA
The order of the agenda was varied to deal with items 1 and 3 first. The meeting has been minuted in the order the items were dealt with for clarity.
1. Text Amendment - 1601 West Georgia Street
An application by the Director of Current Planning was considered as follows:
Summary: |
The proposed text amendment would add child daycare facility as a permitted use and permit some limited above grade bicycle parking. |
The Director of Current Planning recommended approval.
Also before Council was a Memorandum dated July 11, 2003, from Dave Thomsett, Senior Planner, Rezoning Centre, which confirmed the area of bicycle storage above base surface as 190 m2, the figure now included in the By-law before Council, and noted that the height of bicycle storage above base surface should be limited, therefore an 850 mm height limit was also included in the By-law before Council.
Staff Opening Comments
Lynda Challis, Rezoning Planner, Rezoning Centre, was available for questions.
Summary of Correspondence
No correspondence was received since the date the application was referred to Public Hearing.
Speakers
The Mayor called for speakers for and against the application and none came forward.
Council Decision
MOVED by Councillor Cadman
THAT the application by the Director of Current Planning to amend the CD-1 By-law No. 7232 for 1601 West Georgia Street/1601-1650 Bayshore Drive to permit Child Day Care Facility and above-grade bicycle parking generally in accordance with Appendix A of the Policy Report dated June 9, 2003, entitled "Minor CD-1 Text Amendments - 1601 West Georgia Street/1601-1650 Bayshore Drive" be approved.
CARRIED UNANIMOUSLY
(Councillors Ladner and Sullivan absent for the vote)
3. Heritage Designation: 885 East Georgia Street
An application by Birmingham and Wood Architects was considered as follows:
Summary: |
Heritage designation to secure the conservation and protection of the exterior of the house. |
The Director of Current Planning recommended approval.
Staff Opening Comments
Abigail Riley, Planning Analyst, was available for questions.
Summary of Correspondence
No correspondence received.
Speakers
The Mayor called for speakers for and against the application and none came forward.
Council Decision
MOVED by Councillor Woodsworth
THAT Council approve the designation of 885 East Georgia Street, listed on the Vancouver Heritage Register in the "B" category, as a protected heritage property.
CARRIED UNANIMOUSLY
(Councillors Ladner and Sullivan absent for the vote)
2. Rezoning - 1402-1436 Kingsway and 4050 Knight Street
An application by Keith Hemphill, Rositch Hemphill and Associates Architects was considered as follows:
Summary: |
A rezoning to permit a mixed-use commercial/residential development consisting of two high-rise residential buildings, several low to mid-rise buildings, a neighbourhood branch library and public open space, and retail mews in the centre of the site. |
The Director of Current Planning recommended approval subject to the conditions set out in the Summary and Recommendation contained in the Public Hearing Agenda.
Also before Council was a Memorandum dated July 10, 2003, from Lynda Challis, Rezoning Planner, Rezoning Centre, which advised that since referral, staff determined several aspects of the by-law proposed at that time required improvement and that the additions were in the by-law now before Council, namely:
· the requirement for a traffic management plan for Interim Parking Uses;
· the addition of a horizontal angle of daylight section to control potential shadowing created by the residential towers; and
· addition of grocery store parking requirements in the parking section.
Staff Opening Comments
Lynda Challis, Rezoning Planner, Rezoning Centre, reviewed the application, provided rationale for the recommendations, and with Larry Beasley, Director of Current Planning, and Trish French, Senior Planner, responded to questions. Ms. Challis reviewed the public process, noted the new uses respond well to the Kensington Cedar Cottage Community Vision directions and contribute to the vitality of the neighbourhood, and advised the conditions set out by staff are acceptable to the applicant.
Ms. Challis responded to questions regarding the restrictive covenant invoked by Canada Safeway in 1993 which prohibits any grocery store larger than 3,400 square feet and any drug store larger than 6,000 square feet from opening prior to 2013.
Ms. Challis also noted that Clause 7.2 of the by-law before Council would be amended by adding the word "exemption" before the word "relaxation" so the Clause would read:
7.2 The exemption, relaxation and mixed-use reduction provisions of the Parking By-law apply.
Applicant Comments
Keith Hemphill, Rositch Hemphill and Associates Architects, further reviewed the application, conditions and the evolution of the design and responded to questions. Mr. Hemphill noted the Urban Design Panel unanimously supported the proposal and conditions.
Mr. Hemphill also distributed a memorandum dated July 24, 2003 requesting the following be added to the CD-1 By-law:
"The Development Permit Board or the Director of Planning, as the case may be, may relax the Horizontal Angle of Daylight requirement of Section 6 having regard to live-ability of the resulting dwelling units".
Summary of Correspondence
Council received the following correspondence on this application since referral to Public Hearing:
· 9 letter in support of the application;
· 5 letters in opposition to the application;
· 1 petition with approximately 190 signatures in opposition to the application.
Speakers
The Mayor called for speakers for and against the application.
The following spoke in support of the application and provided additional comments:
Peter Wohlwend
Michael Chamish
Midori Oba
Jim Edmondson
Alastair Fergusson
David Pottinger
Tim Everett
Alan Lobban, Lobban's Flower Shop
Kevin Kleparchuk, Cedar Cottage Neighbourhood Pub
John Teti
Barbara McGeough & Heather Imrie
Agnes Lee
Rick Takhar
Denis St. Aubin
Jim Mutter, Vancouver Brake and Wheel
Tina Lung
Larry Craig, Domestic Furniture Mart
Andrew Bostock
Comments provided by the foregoing speakers included the following:
· support was expressed for the application because the development will create a centre focal point for the community and is essential to the revitalization of the area;
· retail will attract other businesses to the area;
· the new library, amenities and higher density will aid in the area's revitalization;
· the neighbourhood is cooperative, aware and well-organized and in favour of the mixed-use development because it will provide good community space and good long term management;
· appreciation was expressed for the public process and the developer working effectively with the community;
· the development will help level the disparity between the east and west sides of Vancouver and will encourage further development and gentrification;
· the present flea market is an eyesore, encourages criminal activity and has a negative effect on the neighbourhood;
· pedestrian, parking and traffic concerns have been effectively dealt with;
· the development is an important retail anchor to help revitalize the area, however, the retail should include a grocery store in order to achieve a viable retail centre;
· request was made to seek removal of Safeway's restrictive convenant;
· concern was expressed about late public notification;
· support was expressed for the architecture of the proposed development;
· request was made to install an overpass or underpass to give tower residents safe access to the park.
The following spoke in opposition to the application or expressed concern about the height of the tower:
Stephanie Clarke
Ravi Patel
David Laskey
Tom Pang
Antonio Morra
Ken Panton
Dan Fass
Comments provided by the foregoing speakers included the following:
· opposition was expressed because the driving force behind the proposal is residential development and the capitalization of views;
· regardless of the inclusion of a library and retail, the architecture is overwhelming, unbalanced and does not blend in with the neighbourhood;
· the Kensington Cedar Cottage Community Visions should be followed more closely;
· 16 storeys of residential is opportunistic;
· higher density will increase the traffic and parking problems;
· several requests were made to reconsider the height of the tower;
· opposition was expressed because of the neighbouring residents' loss of view;
· concern was expressed regarding the public process which only spanned four weeks and covered an inadequate radius, i.e., residents to the south were not notified;
· City Plan guidelines are not being met;
· noise mitigation should be applied to the new residential suites.
Applicant Closing Comments
The developer, Francesco Aquilini, Aquilini Investments Group, advised consultation with Safeway regarding removal of the restrictive covenant has taken place. He was optimistic an agreement can be reached and sought the support of Council and the public in this regard.
Council Decision
MOVED by Councillor Roberts
A. THAT the application by Keith Hemphill, Rositch Hemphill and Associates Architects, to rezone 1402-1436 Kingsway and 4050 Knight Street (Lots 1-4, Blk 1 & 3, DL 352, Plan LMP45824 and Lot B, Blk 1 & 3, DL 352, Plan LMP45560) from C-2 (Commercial District) to CD-1 (Comprehensive Development), to permit a mixed use development, be approved subject to the follow conditions:
(a) That the proposed form of development be approved by Council in principle, generally as prepared by Rositch Hemphill and Associates Architects, and stamped "Received City Planning Department", December 20, 2002, provided that the Director of Planning may allow 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 improve the visual scale of the overall development by:
(1) reducing the typical floorplate sizes, while internalising balconies, for the North Block West residential tower to approximately 560 m2 (6,000 sq. ft.);
(2) expressing the North Block West residential tower down to grade at the corner;
(3) re-distributing massing, and refining related articulation, associated with distinct lower street fronting forms to achieve a pre-dominant 4-6 storey plus penthouse streetwall expression fronting Kingsway and Knight Street, and a 3-5 storey plus penthouse streetwall expression fronting King Edward Avenue, recognizing higher floor to floor heights for all commercial tenancies;
(4) reducing the typical floorplate size for the South Block East residential tower to approximately 465 m2 (5,000 sq. ft.);
(5) relocating South Block East tower to east of the King Edward access and expressing the tower down to grade at the King Edward Avenue and lane corner;
(6) reducing the width and height of bridged openings into the centralised "Mews";
(7) clarifying phasing/ownership strategy and related opportunities for varying architectural expression to distinguish phases.
(ii) Design development to improve the usability, and utility, of the centralised "Mews", and related lane environment, by:
(1) utilising the current lane alignment and the Knight Street and King Edward Avenue crossing locations;
(2) relocating of the Kingsway crossing to underground parking at the easterly edge of the site for future shared access with the adjacent property;
(3) providing public open space north of the lane and adjacent to the North Block West residential tower;
(4) introducing pedestrian only access from the Kingsway frontage to the "Mews";
(5) relocating the new King Edward Avenue crossing further west (to allow (i) (5) above);
(6) creating a clearly distinguished zone for parking access, loading requirements and utilities that maximises manoeuvring requirements (including opportunities to overlap turning), screens this activity from the "Mews" to the west, and is safer for vehicles and pedestrians;
(7) creating opportunities for ground-oriented housing, and improved public realm, for proposed and future lane-fronting development at the easterly end;
(8) including limited parking and passenger drop-off opportunities where possible along the lane;
(9) providing a landscape plan that confirms general design intent for ground surface treatment(s), landscaping, benches and lighting to achieve a high quality lane/"Mews" environment as well as for related street frontages.
(iii) Introduction of ground-oriented housing opportunities, and related landscape treatment, into the lane environment east of the central parking access, loading and utility area.
(iv) Design development to private and semi-private open space to:
- integrate open space into the development;
- meet recreational needs of the residents, including families; and
- improve the visual quality of rooftop areas.
(v) Provision of various wall sections that
- confirm design intent for the public realm, including design related landscape, setbacks, entries, weather protection, display, lighting and related signage systems; and
- ensure pedestrian comfort, interest and storefront quality while accommodating a variety of potential tenancies and users.
(vi) Design development to provide adequate sidewalk widths for these highly used pedestrian corridors and the increased pedestrian volumes that this development is expected to generate.
(vii) Design development to the library component to ensure visible entry location. A prominent lane oriented entry, and related drop-off zone, should be considered to contribute to pedestrian activity, visual interest and safety of the "Mews" environment.
(viii) Provision of a landscape amenity at the King Edward Avenue and lane corner in consultation with Planning, Landscape and Engineering staff.
(ix) Provision of a safety and security plan that addresses recommended design changes, with an emphasis on safety and security of underground parking areas and the "Mews" environment.
(x) Confirmation of elevator override requirements, and related enclosure design, to minimise height while attractively integrating into the related building form for both towers and streetwall oriented buildings.
(xi) Design development to take into consideration the principles of CPTED (Crime Prevention Through Environmental Design), having particular regard for:
- providing secure separation between residential and commercial uses,
- separating the residential parking for north and south blocks,
- reducing opportunities for graffiti and skateboarding, and
- reducing opportunities for mischief in alcoves.
(xii) Design development to provide the fire department access to all above and below grade levels from within the lobby area of the principal entrance;
(xiii) Provision of details of all proposed roof garden planting and of landscaping, paving, urban furniture and light fixtures as per notation on architectural drawing A3.0.1;
(xiv) Illustration of all existing trees 20 cm caliper or greater located on the development site, all existing neighbouring trees 20 cm caliper or greater located within 2.0 m of the property line and all existing street trees located adjacent to the development site;
(xvi) Design development to provide interesting and detailed plaza designs for the entry plazas located at the corners of Knight Street and King Edward and the corner of Kingsway and Knight Street;
(xvii) Continuation of special lane paving behind the "three storey townhouses" in order to connect up with the special paving at the "Corner Park";
(xviii) Provision of street trees adjacent the site where space permits; and
(xix) Provision of loading facilities, access and manoeuvring sufficient to service oversized delivery vehicles i.e., for which a Class B loading space is inadequate, to the satisfaction of the General Manager of Engineering Services.
(c) That, prior to enactment of the CD-1 By-law, the registered owner shall at no cost to the City:
(i) Make arrangements to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services for subdivision of the development site in accordance with the proposed development plans, and including:
(1) consolidation of Lots 1-4, Blocks 1 & 3, D.L. 352, Plan LMP 45824;
(2) dedication of a portion of Lot B, Block 1 & 3, D.L. 352, Plan LMP 45560 shown on statutory right of way Plan LMP 38953 for road (2 parts);
[Note to applicant: Correct the plans to reflect the existing corner cut at the northwest corner of Lot 1.]
(3) dedication of a portion of Lot B for lane purposes. A minimum of 2.0 m on Knight Street by 6.0 m along the south side of the lane and a further dedication at the easterly "point" of the site (where the lane meets King Edward).
[Note to applicant: Deletion of portions of the underground parking structure located within the west part of the statutory right of way Plan 38953 on Lot B and all of the proposed dedication areas. The dedication requirement at the easterly point of the site can only be determined when the King Edward Avenue street design is finalized and the lane configuration is fully developed (lengths of 6.5 m to 7.5 m are estimated for the dedication).]
(ii) Enter into an agreement to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services, to provide for on-site and off-site services, including, but not limited to the following off-site services:
(1) street and traffic signal improvements to existing infrastructure within 150 m approaching the intersections of Knight and Kingsway, Knight and King Edward, and Kingsway and King Edward, and any other street or lane lying within the area bounded by Kingsway, Knight Street and King Edward Avenue, within five years of occupancy of the final phase of the development, subject to Council approval.
[Note to applicant: Where works attendant to a future and separate development within the above described area are required, these shall not be the obligation of this applicant.]
(iii) Obtain and submit to the City copies of all soils studies and the consequential Remediation Plan, approved by the Ministry of Environment. Enter into or cause to be entered into agreements satisfactory to the Director of Legal Services, providing for the remediation of any contaminated soils on the site in accordance with a Remediation Plan approved by the Ministry of Environment and acceptable to the City, providing security satisfactory to the Director of Legal Services for the completion of remediation and indemnifying the City and the Approving Officer against any liability or costs which may be incurred as a result of the presence of contaminated soils on the site;
(iv) Execute an Indemnity Agreement, satisfactory to the Director of Legal Services, providing for security to the satisfaction of the Director of Legal Services, protecting the City and the Approving Officer from all liability or damages arising out of or related to the presence of contaminated soils on the lands comprising the subject site, howsoever occurring, arising during the period commencing immediately following the Public Hearing until such time as the Ministry of Environment issues an approval, in a form satisfactory to the Director of Legal Services and the General Manager of Engineering Services, certifying that the subject site, including all roads, utility corridors and open spaces contained therein, have been remediated to Provincial Standards as defined in such approval;
(v) Shall, as required by the General Manager of Engineering Services and the City's Director of Legal Services in their discretion, do all things and/or enter into such agreements deemed necessary to fulfill the requirements of Section 571(B) of the Vancouver Charter;
(vi) Make suitable arrangements, to the satisfaction of the General Manager of Engineering Services, for all new BC Hydro and Telus services to be undergrounded from the closest existing suitable service point including a review of the impact of the new site servicing to determine its effect on the neighbourhood;
(vii) Make arrangements to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services for clarification of all charges registered in the Land Title Office against title to the lands (a charge summary, including copies of all charges, must be provided) and the modification, extension or release of any charges deemed necessary by the Director of Legal Services.
(viii) Execute an agreement, satisfactory to the Directors of Legal Services and the Office of Cultural Affairs for the provision of public art in accordance with the City's Public Art Policy, such agreement to provide for security in a form and amount satisfactory to the aforesaid officials; and provide a preliminary public art plan to the satisfaction of the Director of Cultural Affairs setting out the proposed public art program aims, artist terms of reference, site and artists selection methods, project budget, implementation plan and a schedule;
(ix) Execute legal agreements satisfactory to the Director of Legal Services, the Manager of Real Estate Services and the Vancouver Public Library Board for the provision of a Neighbourhood Branch Library to:
· provide a minimum floor area of 690 m2 (7,436 sq. ft.);
· provide the premises to the Vancouver Public Library on a "turn-key" basis in accordance with the Library's specifications for a Neighbourhood Branch Library to the satisfaction of City Manager, in consultation with the Vancouver Public Library Board and the Manager of Real Estate Services with improvement costs incurred by the developer to be repaid by Vancouver Public Library over the initial 10-year period following the opening of the Neighbourhood Branch Library for general use by the public; and
· lease the space to the City for a term of up to 10 years at no cost to the City, with four 5-year options to renew, with the rent during the option periods to reflect market rents.
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.
Such 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.
The timing of all required payments shall be determined by the appropriate City official having responsibility for each particular agreement, who may consult other City officials and City Council.
B. THAT the CD-1 By-law be amended to include "The Development Permit Board or the Director of Planning, as the case may be, may relax the Horizontal Angle of Daylight requirement of Section 6 having regard to live-ability of the resulting dwelling units".
C. THAT Council indicates its strong concern regarding a covenant on title forestalling a supermarket or drug store on the Kingsway and Knight site and request the City Manager and Director of Planning meet with the appropriate parties, including Safeway, to urge them to remove this prohibition.
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 Woodsworth
SECONDED by Councillor Bass
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 Woodsworth
SECONDED by Councillor Cadman
THAT Council enact the by-laws listed on the agenda for this meeting as numbers 1 and 2 inclusive, and authorize the Mayor and City Clerk to sign and seal the enacted by-laws.
CARRIED UNANIMOUSLY
(Councillors Ladner and Sullivan excused from the vote)
1. A By-law to amend CD-1 By-law No. 7232 re 1601 West Georgia Street (By-law No. 8708)
2. Heritage Designation By-law re 885 East Georgia Street (By-law No. 8709)
The Special Council adjourned at 10:15 p.m.
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