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CITY OF VANCOUVER SPECIAL COUNCIL MEETING MINUTES SEPTEMBER 10, 2003 |
A Special Meeting of the Council of the City of Vancouver was held on Wednesday, September 10, 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, Parking By-law, Sign By-law, the Downtown District Official Development Plan, and to designate heritage property.
PRESENT: |
Deputy Mayor Sam Sullivan
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ABSENT: |
Mayor Larry Campbell (Sick Leave)
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CITY CLERK'S OFFICE: |
Lori Isfeld, Meeting Coordinator |
NEW BUSINESS
1. Leave of Absence - Councillor Stevenson (File 1254)
MOVED by Councillor Cadman
SECONDED by Councillor Roberts
THAT Councillor Stevenson be granted Leave of Absence for the evening of September 10, 2003.
CARRIED UNANIMOUSLY
COMMITTEE OF THE WHOLE
MOVED by Councillor Woodsworth
SECONDED by Councillor Ladner
THAT this Council resolve itself into Committee of the Whole, Deputy Mayor Sullivan in the Chair, to consider proposed amendments to CD-1 By-laws, Parking By-law, Sign By-law, Downtown District Official Development Plan, and to designate heritage property.
CARRIED UNANIMOUSLY
1. Text Amendment - RM-5A (Farmers' Market)
An application by the Director of Current Planning was considered as follows:
Summary: |
The proposed text amendment would define Farmers' Market and permit it as a use in the RM-5A District Schedule. |
The Director of Current Planning recommended approval.
Staff Opening Comments
Dave Thomsett, Senior Planner, Rezoning Centre, reviewed the application, provided rationale for the recommendations, and responded to questions. Mr. Thomsett noted the market cannot be permitted on School Board property without amending the zoning by-law and that staff recommended the new use approval be conditional subject to one-year renewable development permits.
Applicant Comments
Devorah Kahn, Farmers' Market Society, reported on the success of both the East and West End Markets and responded to questions. Ms. Kahn noted the markets contribute to community and economic development and that the West End Market enhances high rise living, attracts many seniors, and is a gathering place for the community.
Summary of Correspondence
Council received the following correspondence since referral to Public Hearing:
· 3 letters in support;
· 1 letter in opposition.
Speakers
Nancy Chiavario, Executive Director, West End Seniors Network, spoke in support of the application, noting the market provides seniors with a safe and comfortable gathering place and the opportunity to mix with a diverse population.
Council Decision
MOVED by Councillor Woodsworth
A. THAT the application by the Director of Current Planning to amend the Zoning and Development By-law to:
· add and define Farmers' Market as a use term in Section 2;
· limit development permits for this use to one year in Section 10;
· provide additional regulations for this use in Section 11; and
· permit this use as a conditional-approval use in the RM-5A District;
generally as set out in Appendix A of the Policy Report "West End Farmers' Market - RM-5A Text Amendment" dated June 20, 2003, be approved;
B. THAT at the time of enactment the by-law be accompanied by an amendment to the Parking By-law to provide parking and loading regulations for Farmers' Market and an amendment to the License By-law to define Farmers' Market and set a fee of $10, all generally as set out in Appendix B of the Policy Report "West End Farmers' Market - RM-5A Text Amendment" dated June 20, 2003.
CARRIED UNANIMOUSLY
2. Text Amendment - Downtown District (General Office Live-Work)
An application by the Director of Current Planning was considered as follows:
Summary: |
The proposed text amendment would permit General Office Live-Work in certain areas of the Downtown District. A text amendment to the Sign By-law is also required. |
The Director of Current Planning recommended approval.
Staff Opening Comments
Phil Mondor, Rezoning Planner, reviewed the application, provided rationale for staff's recommendations, and noted permitting the new use provides economic opportunity for small business and provides a bridge between home-based business and a full office. Mr. Mondor, with Dave Thomsett, Senior Planner, Rezoning Centre, responded to questions regarding the excluded businesses noted in the draft by-law.
Summary of Correspondence
Council received the following correspondence since referral to Public Hearing:
· 1 letter in opposition;
· 1 press release in opposition.
Speakers
Jamie Lee Hamilton spoke in opposition to restricting the excluded businesses listed in the draft by-law and any policy that infringes on the rights of any identifiable individuals. Ms. Hamilton responded to questions and pointed out escort services already operate under the General Office business license category. Ms. Hamilton noted there would be no impact on surrounding tenants because live-work units have separate ground-level entry ways, and pointed out that people using dating services meet by telephone and memberships rather than at an office.
Nancy Chiavario spoke in support of allowing escort services to operate in separately entranced live-work units. Ms. Chiavario noted escort services already operate in the City and that everyone has rights unless they are infringing on other people.
Council Decision
MOVED by Councillor Woodsworth
A. THAT the application by the Director of Planning to amend the Downtown District Official Development Plan (By-law No. 4912), to define General Office Live-Work use and permit it in appropriate circumstances and to update the map diagrams in the ODP, generally as contained in Appendix A of the Policy Report "General Office Live-Work in the Downtown District" dated July 8, 2003, be approved.
B. THAT the Application by the Director of Current Planning to amend the Sign By-law (By-law No. 6510), to establish regulations for Live-Work use generally as contained in Appendix B of the Policy Report "General Live-Work in the Downtown District" dated July 8, 2003, be approved.
C. THAT the draft by-law be amended by removing the following clause:
"2.(a) any such use shall not include a health enhancement centre or any dating service, entertainment service, exotic dancer business, social escort service or other similar business, as determined by the Director of Planning in consultation with the Chief License Inspector;"
D. THAT Council instruct the Development Permit Board to require that General Office Live-Work applications by health enhancement centres or any dating service, entertainment service, exotic dancer business, social escort service or other similar business, as determined by the Director of Planning in consultation with the Chief License Inspector, be subject to a good neighbour agreement.
CARRIED
(Councillors Bass, Ladner and Deputy Mayor Sullivan opposed)
3. Text Amendment - 1128 West Hastings Street
An application by the Director of Current Planning was considered as follows:
Summary: |
The proposed text amendment would permit a motor vehicle wash in the underground parking garage of the Pinnacle Hotel. |
The Director of Current Planning recommended approval.
Staff Opening Comments
Dave Thomsett, Senior Planner, Rezoning Centre, briefly reviewed the application, noting motor vehicle wash was permitted on the site prior to its CD-1 zoning and that parking spaces surplus to the building's requirement would be used.
Applicant Comments
Jennifer Low, Classic Car Wash, was available for questions.
Summary of Correspondence
No correspondence was received since referral to Public Hearing.
Speakers
None.
Council Decision
MOVED by Councillor Cadman
THAT the application by Jennifer Low to amend the CD-1 By-law for 1128 West Hastings to permit motor vehicle wash a permitted use in the underground parking garage be approved.
CARRIED UNANIMOUSLY
4. Heritage Designation - 130 West 10th Avenue
An application by Jonathan Brownlee, Winterhaven Productions Inc., was considered as follows:
Summary: |
A Heritage Revitalization Agreement and heritage designation of Macauley House and relocation of Clark House from 243 East 5th Avenue to the rear yard as an infill unit. |
The Director of Current Planning recommended approval.
Staff Opening Comments
Terry Brunette, Heritage Planner, reviewed the application, provided rationale for the recommendations, and responded to questions. Mr. Brunette noted the application has been approved by the Development Permit Board and Director of Planning and is generally well-received in the community. Mr. Brunette also addressed shading and privacy concerns put forward in a letter received in opposition to the application.
Applicant Comments
Jonathan Brownlee, Winterhaven Productions Inc., was available for questions.
Summary of Correspondence
Council received the following correspondence on this application:
· 1 letter in support;
· 1 letter in opposition.
Speakers
Nancy Chiavario, Brewery Creek Historical Society, spoke in support of the application, and requested the applicant retain original components as much as possible. Ms. Chiavario also offered the Society's help in wording the heritage plaque.
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 130 West 10th Avenue to:
_ secure the rehabilitation, protection and on-going maintenance of the existing `C' category Vancouver Heritage Register heritage house ("Macauley House") and the reconstructed "A" category Vancouver Heritage Register heritage house ("Clark House"); and
_ vary the RT-6 District Schedule of the Zoning and Development By-law to:
i. increase the maximum conditional floor space 0.75 permitted to 0.96 proposed;
ii. increase the open residential balcony or sundeck area from a maximum of 8% of the permitted residential floor area to a maximum of 9% of the permitted residential floor area;
iii. increase the building height from a maximum of 10.7 m (35.10 ft.) to an existing maximum of 12.6 m (41.34 ft.), and a maximum of 2.5 storeys permitted to a maximum of 3.0 storeys proposed; and,
iv. make the three unit house and the one unit infill outright rather than conditional uses.
B. THAT Council by by-law designate as municipally Protected Heritage Property the exterior of the "Macauley House" at 130 West 10th Avenue;
C. THAT Council by by-law designate as municipally Protected Heritage Property the exterior of the "Clark House" at 132 West 10th Avenue;
D. THAT the Director of Legal Services bring forth the by-law to authorize the Heritage Revitalization Agreement;
E. THAT the Director of Legal Services bring forth the by-law to designate as municipally Protected Heritage Property the exterior of the "Macauley House" at 130 West 10th Avenue;
F. THAT the Director of Legal Services bring forth the by-law to designate as municipally Protected Heritage Property the exterior of the "Clark House" at 132 West 10th Avenue.
CARRIED UNANIMOUSLY
5. Heritage Designation - 1180 Homer Street
An application by John Bingham, Howard Bingham Hill Architects, was considered as follows:
Summary: |
A Heritage Revitalization Agreement and heritage designation of a Yaletown warehouse building. |
The Director of Current Planning recommended approval.
Staff Opening Comments
Yardley McNeill, Heritage Planner, was available for questions.
Applicant Comments
John Bingham, Howard Bingham Mill Architects, was available for questions.
Summary of Correspondence
No correspondence was received.
Speakers
None.
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 1180 Homer Street to:
a) secure the protection and ongoing maintenance of this "B" category building on the Vancouver Heritage Register; and
b) vary the provisions of the HA-3 District Schedule of the Zoning and Development By-Law, to permit increases in the maximum height and the maximum floor space ratio for residential uses.
B. THAT Council by By-Law designate the building at 1180 Homer Street as protected heritage property;
C. THAT Council require that an agreement be registered to secure the timely restoration to the heritage building as described within Development Permit DE407680 and prohibit the occupancy of the building until it is 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; further, 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; and
D. THAT the Director of Legal Services bring forth the by-law to authorize the Heritage Revitalization Agreement and to designate the building.
CARRIED UNANIMOUSLY
RISE FROM COMMITTEE OF THE WHOLE
MOVED by Councillor Roberts
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 Woodsworth
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 9:30 p.m.
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