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REPORT TO COUNCIL STANDING COMMITTEE OF COUNCIL
SEPTEMBER 18, 2003 |
A Regular Meeting of the Standing Committee of Council on Planning and Environment was held on Thursday, September 18, 2003, at 2:00 p.m., in Committee Room No. 1, Third Floor, City Hall.
PRESENT: |
Councillor Anne Roberts, Chair
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ABSENT: |
Mayor Larry Campbell (Leave of Absence - Civic Business)
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CITY MANAGER'S OFFICE: |
Judy Rogers, City Manager |
CITY CLERK'S OFFICE: |
Laura Kazakoff, Meeting Coordinator |
*Denotes absence for a portion of the meeting.
VARY AGENDA
The Committee agreed to vary the order of the Agenda in order to deal with Item 3 before dealing with item 2. The items have been minuted in numerical order for ease of reference.
RECOMMENDATION
1. Warning to Prospective Purchasers of 279 East 59th Avenue (File 2701)
The Committee had before it an Administrative Report dated August 27, 2003, in which the City Building Inspector recommended a 336D Notice be filed against the title to the property at 279 East 59th Avenue so that any prospective purchasers will be warned that there are violations of the Zoning and Development and Vancouver Building By-laws related to this building. It was also recommended the Director of Legal Services be authorized to commence legal actions if she deems it necessary to do so. The General Manager of Community Services supported the recommendations.
Peter Sweeney, Manager, Building Inspection, reviewed the by-law infractions related to this property and staff's recommendations on this matter.
MOVED by Councillor Bass
THAT the Committee recommend to Council
A. THAT the City Clerk be directed to file a 336D Notice against the title to the property at 279 East 59th Avenue (Lot 13, Block 10 S 1/2, District Lot 656, Plan 2200) in order to warn prospective purchasers that there are contraventions of the Zoning and Development and Vancouver Building By-laws related to this building.
B. THAT the Director of Legal Services is hereby authorized, in her discretion, to commence legal actions or proceedings in relation to the premises located at 279 East 59th Avenue and may, in her discretion, seek injunctive relief in those actions or proceedings, in order to bring this building into compliance with City By-laws.
CARRIED UNANIMOUSLY
(Councillor Sullivan absent for the vote)
2. Cultural Amenity Bonus, Heritage Density Transfer and CD-1 Rezoning: 488 Robson Street (File 5307)
The Committee had before it a Policy Report dated September 4, 2003, in which the Directors of Current Planning, the Office of Cultural Affairs, and the Housing Centre in consultation with the Directors of Legal Services, Real Estate Services and Facilities Design & Development reviewed a development application currently being processed for the site at 488 Robson Street and sought Council's direction and approval in principle for a cultural amenity bonus and for the owner's proposal to assist in replacement of the SRO units which would be lost through demolition. It was also recommended a rezoning application for this site be referred to Public Hearing. The General Manager of Community Services supported the recommendations.
Phil Mondor, Rezoning Planner, advised that this report addresses two separate matters regarding the site at 488 Robson Street, the first being a Development Application currently in process, and the second being a Rezoning Application which staff are recommending for referral to Public Hearing. Mr. Mondor suggested that Council may wish to take this into consideration when approving any resolutions on this matter.
Mr. Mondor, along with Jill Davidson, Housing Planner, and Sue Harvey, Cultural Planner, responded to questions concerning the Downtown South Goals and Policies regarding one-for-one replacement of SRO units, the Affordable Housing Fund, development cost levies and community amenity contributions specific to this project, the cultural amenity facility proposed for this site, and the floor space ratio requested by the applicant in the rezoning application.
Wendy Newman, ArtStarts in Schools, spoke in favour of staff's recommendations, and provided information regarding the proposed cultural amenity facility. Ms. Newman noted that childrens' art is generally invisible outside of the school setting and a public gallery space for young people's art will provide both an opportunity for public recognition of these artists and invaluable learning experiences for all those involved in the program.
Jim McLean, McLean Courtenay, also spoke in favour of the recommendations, and noted the developers were very excited about the benefit that ArtStarts will bring to this development. Mr. McLean provided information concerning the background and chain of events leading to the current development and rezoning applications, and advised he felt the lost SRO units could be replaced very efficiently, and perhaps at a higher ratio than one-for-one.
MOVED by Councillor Green
THAT the Committee recommend to Council
A.1 THAT City Council approve in principle the request for a cultural amenity bonus at 488 Robson Street (DE 407615) as outlined in the Policy Report dated September 4, 2003, entitled "Cultural Amenity Bonus, Heritage Density Transfer and CD-1 Rezoning: 488 Robson Street", subject to the signing and registration in the Land Title Office, prior to issuance of the development permit, of an Option to Lease, as set out in Appendix E of the report, and a Section 219 Covenant providing for:
(i) the design and construction by the property owner of 561.1 m² (6,040 sq. ft.) of amenity space in the development to be constructed pursuant to DE407615, and
(ii) the registration of the lease of the amenity space to the City for nominal rent for the life of the development, on the terms contained in this report;
A.2 THAT, subject to approval of A.1, City Council approve a sublease of the amenity space to ArtStarts In Schools for nominal rent on the terms set out in Appendix F of the Policy Report dated September 4, 2003, entitled "Cultural Amenity Bonus, Heritage Density Transfer and CD-1 Rezoning: 488 Robson Street". The agreements herein approved shall be on the terms discussed in this report and such other terms as deemed advisable by the Director of Legal Services, in consultation with the Directors of the Office of Cultural Affairs, Real Estate Services and Facilities Design & Development, it being understood that no legal rights or obligations shall arise except upon the signing and registration of the Option to Lease and Section 219 Covenant and issuance of development permit DE407615;
A.3 THAT City Council approve in principle a contribution of $173,118 to the Affordable Housing Fund resulting from the transfer to 488 Robson Street (DE407615) of 487.4 m² (5,246 sq. ft.) of heritage floor area, from a suitable donor site according to the Transfer of Density Policy and Procedure.
B.1 THAT the application by Hancock Brückner Eng + Wright Architects on behalf of H. Tjoa to rezone 488 Robson Street (Lot J, Block 65, DL 541, Plan LMP 41829) from DD (Downtown District) to CD-1 (Comprehensive Development District) be referred to a Public Hearing, together with:
(i) draft CD-1 By-law parameters, as presented in Appendix A of the Policy Report dated September 4, 2003, entitled "Cultural Amenity Bonus, Heritage Density Transfer and CD-1 Rezoning: 488 Robson Street", allowing a maximum floor space ratio (FSR) of 9.14 which is an increase of 974.7 m² (10,492 sq. ft.) in residential floor area to over that sought under DE407615, and
(ii) the recommendation of the Director of Current Planning to approve the application, subject to approval of conditions contained in Appendix B of the Policy Report, including arrangements by the property owner to contribute $559,060 to the Affordable Housing Fund for use in replacing SRO units in Downtown South; and
FURTHER THAT the Director of Legal Services be instructed to prepare the necessary by-laws for consideration at the Public Hearing, including a consequential amendment to the Downtown District Official Development Plan to remove the site from all map figures;
B.2 THAT the applicant be advised to make application to amend the Sign By-law, to establish regulations for this CD-1 in accordance with Schedule "B" (DD), and that the application be referred to the same Public Hearing; and
FURTHER THAT the Director of Legal Services be instructed to prepare the necessary by-law for consideration at the Public Hearing;
B.3 THAT, subject to approval of the rezoning at a Public Hearing, the Noise Control By-law be amended to include this CD-1 in Schedule A.
AND FURTHER THAT the Director of Legal Services be instructed to bring forward the enactment to the Noise Control By-law at the time of enactment of the CD-1 By-law.
CARRIED UNANIMOUSLY
3. Significant New Rezoning Applications
(a) 6450 Clarendon Street (File 5303)
Dave Thomsett, Rezoning Planner, briefly reviewed a rezoning application for congregate seniors housing. Significant issues include: increased density and height, adding congregate housing as a permitted use, and relaxing the setback requirements.
(b) 3837 Point Grey Road (Jericho Tennis Club) (File 5307)
Mr. Thomsett also reviewed a rezoning application recently submitted on behalf of the Jericho Tennis club to amend the CD-1 Bylaw for this location to reflect the current use. Significant issues in regard to this application include increased tennis bubble heights, intensity of use with enclosed terraces, and permanent status of the bubbles and court lighting.
The Committee adjourned at 3:05 p.m.
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CITY OF VANCOUVER REGULAR COUNCIL MEETING MINUTES
SEPTEMBER 18, 2003 |
A Regular Meeting of the Council of the City of Vancouver was held on Thursday, September 18, 2003, at 3:05 p.m., in Committee Room No. 1, Third Floor, City Hall, following the Standing Committee on Planning and Environment meeting, to consider the recommendations of the Committee.
PRESENT: |
Deputy Mayor Sam Sullivan
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ABSENT: |
Mayor Larry Campbell (Leave of Absence - Civic Business)
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CITY MANAGER'S OFFICE: |
Judy Rogers, City Manager |
CITY CLERK'S OFFICE: |
Laura Kazakoff, Meeting Coordinator |
COMMITTEE OF THE WHOLE
MOVED by Councillor Cadman
SECONDED by Councillor Woodsworth
THAT this Council resolve itself into Committee of the Whole, Deputy Mayor Sullivan in the Chair.
CARRIED UNANIMOUSLY
COMMITTEE REPORTS
Report of Standing Committee on Planning and Environment
September 18, 2003
Council considered the recommendations of the Committee, as contained in the following clauses of the foregoing report:
Cl.1: Warning to Prospective Purchasers of 279 East 59th Avenue
Cl.2: Cultural Amenity Bonus, Heritage Density Transfer and CD-1 Rezoning:
488 Robson Street
Cl.3: Significant New Rezoning Applications - for information only
Clause 1
MOVED by Councillor Roberts
THAT the recommendations of the Committee, as contained in Clause 1 of this report, be approved.
CARRIED UNANIMOUSLY
Clause 2
MOVED by Councillor Roberts
THAT the recommendations of the Committee, as contained in Clause 2 of this report, be approved.
CARRIED UNANIMOUSLY AND RECOMMENDATION A.2 BY
THE REQUIRED MAJORITY
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 Bass
THAT the report of the Committee of the Whole be adopted.
CARRIED UNANIMOUSLY
ENQUIRIES AND OTHER MATTERS
1. Taping of Standing Committee Meetings(File 1251)
In response to an enquiry from Councillor Green, staff advised that certain portions of Standing Committee meetings may be recorded, at the discretion of the Meeting Coordinator, and that such tapes would be available to members of the public under the Freedom of Information and Protection of Privacy Act. However, such tapes are only kept until the Minutes of the meeting have been adopted by Council. Councillor Green noted a request may be received for the tapes of the City Services and Budgets Standing Committee meeting of September 18, 2003.
The Council adjourned at 3:10 p.m.
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