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REPORT TO COUNCIL STANDING COMMITTEE OF COUNCIL
OCTOBER 9, 2003 |
A Regular Meeting of the Standing Committee of Council on Planning and Environment was held on Thursday, October 9, 2003, at 2:00 p.m., in Committee Room No. 1, Third Floor, City Hall.
PRESENT: |
Councillor Anne Roberts, Chair
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CITY MANAGER'S OFFICE: |
Brent MacGregor, Deputy City Manager |
CITY CLERK'S OFFICE: |
Diane Clairmont, Meeting Coordinator |
* Denotes absence for a portion of the meeting.
ADOPTION OF MINUTES
The Minutes of the Standing Committee on Planning and Environment meeting of September 11, 2003, and September 18, 2003 were adopted.
RECOMMENDATION
1. Warning to Prospective Purchasers of 1044 East 12th Avenue (File 2701)
The Committee had before it an Administrative Report dated September 9, 2003, in which the City Building Inspector recommended Council direct staff to file a 336D Notice against the title to the property at 1044 East 12th Avenue to warn prospective purchasers that there are contraventions of the Zoning and Development and Vancouver Building By-laws related to this building. The General Manager of Community Services supported the recommendation.
Peter Sweeney, Manager, Building Inspections Branch, reviewed the report and responded to questions.
MOVED by Councillor Louis
THAT the Committee recommend to Council
THAT the City Clerk be directed to file a 336D Notice against the title to the property at 1044 East 12th Avenue (Lot 7 of B, Block 173, District Lot 264A, Plans 501 & 1771) in order to warn prospective purchasers that there are contraventions of the Zoning and Development and Vancouver Building By-laws related to this building.
CARRIED UNANIMOUSLY
(Councillors Ladner and Stevenson not present for the vote)
2. Warning to Prospective Purchasers of 2942 East 7th Avenue (File 2701)
The Committee had before it an Administrative Report dated September 15, 2003, in which the City Building Inspector recommended Council direct staff to file a 336D Notice against the title to the property at 2942 East 7th Avenue to warn prospective purchasers that there are contraventions of the Zoning and Development and Vancouver Building By-laws related to this building. The General Manager of Community Services supported the recommendation.
Peter Sweeney, Manager, Building Inspections Branch, reviewed the report and responded to questions.
MOVED by Councillor Louis
THAT the Committee recommend to Council
THAT the City Clerk be directed to file a 336D Notice against the title to the property at 2942 East 7th Avenue (Lot 13, Block 17, District Lot Sec 36 N Hlf THSL, Plan 1314) in order to warn prospective purchasers that there are contraventions of the Zoning and Development and Vancouver Building By-laws related to this building.
CARRIED UNANIMOUSLY
(Councillors Ladner and Stevenson not present for the vote)
3. Dangerous Building at 2071 East 35th Avenue (File 2701)
The Committee had before it an Administrative Report dated September 19, 2003, in which the City Building Inspector recommended Council declare the building at 2071 East 35th Avenue dangerous to public safety and a nuisance. It was also recommended that the owner be directed to remove the building and provide a chain-link fence around the property, that staff be authorized to do the above should the owner not comply, to commence legal action if deemed appropriate and to file a 336D Notice against the title to the property to warn prospective purchasers that there is a risk to public health due to possible contamination of the building and violations of By-laws related to this property. The General Manager of Community Services supported the recommendations.
Peter Sweeney, Manager, Building Inspections Branch, reviewed the report and responded to questions relating to the process of the 336D Notice and the City's notification process to financial institutions with an interest in the property. Neil McCreedy, Supervisor, Environmental Protection, reviewed the status of the drug situation at this property.
MOVED by Councillor Bass
THAT the Committee recommend to Council
A. THAT Council declare that the building at 2071 East 35th Avenue, Lot B of Lot 11 North l/2 of Block 1 District Lot 394 Plan 1845, PID 014-654-911 is dangerous to public safety and a nuisance pursuant to Section 324A of the Vancouver Charter.
B. THAT Council approve the Resolution attached to Administrative Report Dangerous Building at 2071 East 35th Avenue, dated September 19, 2003, and order the Registered owner of the property to pull down and demolish the building and provide a chain-link fence around the perimeter of the property within 30 days of a copy of the Resolution being served pursuant to Section 324A of the Vancouver Charter.
C. THAT in the event of the failure of the owner to comply with the order of Council, Council further orders and hereby authorizes the City Building Inspector , in his discretion, to carry out the work outlined in paragraph B above pursuant to Section 324A(2) of the Vancouver Charter.
D. THAT in the event of the failure of the owners to allow the City Building Inspector and/or his designate access to the site to carry out the work as outlined in Recommendation C above, the Director of Legal Services is hereby authorized, in her discretion, to commence a legal action or proceeding in relation to the structure located at 2071 East 35th Avenue, and may, in her discretion, seek injunctive relief in that action or proceeding in order to bring the building and site into compliance with the City By-laws.
E. THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the property at 2071 East 35th Avenue in order to warn prospective purchasers that there is a risk to public health due to the possible contamination of the building and that there are violations of the Vancouver Building, Electrical and Standards of Maintenance By-laws related to this property.
CARRIED UNANIMOUSLY
(Councillor Stevenson not present for the vote)
At this point in the meeting, the Committee agreed to vary the order of the agenda in order to deal with Items 6 and 7. For ease of reference, the minutes are recorded in numerical order.
4. 921 West Pender Street - Liquor Primary (Hotel Lounge)
5th Floor - 595 Hornby Street - Liquor Primary (Cabaret)
1424 West Broadway - Liquor Primary (Cabaret) File 2612-22/2614-24/2614-25
The Committee had before it an Administrative Report dated September 16, 2003, in which the Chief License Inspector sought Council approval to revise the wording of the original Council endorsements for the businesses: Mayfair Properties Ltd. at 921 West Pender Street; 596573 BC Ltd. (Brandi's Show Lounge) at 5th Floor - 595 Hornby Street; and Kits Cabaret Vancouver Ltd. at 1424 West Broadway to satisfy the Liquor Control and Licensing Branch requirements for the Provincial application process. The General Manager of Community Services supported the recommendations.
Guy Gusdal, License Coordinator, reviewed the report and responded to questions relating to smoking issues.
MOVED by Councillor Cadman
THAT the Committee recommend to Council
A. That Council, having considered the majority of area residents and business operators to be in favour of the application as determined by neighbourhood notification, the proximity of residential developments, traffic patterns, road access, availability of parking, noise impacts, social facilities, public buildings and overall design, as outlined in the Administrative Report 921 West Pender Street - Mayfair Properties Ltd., Days Inn Vancouver- Request to Change Hours of Operations dated April 24, 2003, endorse the request by Mayfair Properties Ltd. for a change to the hours of operation at 921 West Pender Street subject to:
i. A Legal Agreement;
ii. Hours of operation limited from 10:00 a.m. to 1:00 a.m. Monday to Wednesday, 10:00 a.m. to 2:00 a.m. Thursday to Saturday, and 10:00 a.m. to 12 midnight on Sunday;
iii. The signing of a Good Neighbour Agreement with the City before the issuance of a business license; and
iv. Adherence to clean air practices.
B. THAT Council, having considered the opinion of area residents and business operators of the community, potential noise impacts on adjacent business and existing Council liquor policy, as outlined in this Administrative Report 921 West Pender Street - Liquor Primary (Hotel Lounge); 5th Floor - 595 Hornby Street - Liquor Primary (Cabaret); 1424 West Broadway - Liquor Primary (Cabaret) dated September 16, 2003, and the Administrative Report Change in Hours for Liquor Primary License: 595 Hornby Street (5th Floor) 596573 BC Lftd., DBA Brandi's Show Lounge dated July 7, 2003, endorse the application by 596573 BC Ltd. (Brandi's Show Lounge) for a change in hours of operation from 7:00 p.m. to 2:00 a.m. Monday through Saturday and 7:00 p.m. to midnight on Sunday, to 12 noon to 2:00 a.m. Monday through Saturday and 12 noon to midnight on Sunday, for the Liquor Primary License (Cabaret) at 595 Hornby Street, subject to the following conditions:
i. Adherence to clean air principles; and
ii. A signed Good Neighbour Agreement prior to issuing the 2004 business license.
C. THAT Council, having considered the opinion of area residents and business operators of the community as determined by neighbourhood notification and existing Council liquor policy, as outlined in this Administrative Report 921 West Pender Street - Liquor Primary (Hotel Lounge); 5th Floor - 595 Hornby Street - Liquor Primary (Cabaret); 1424 West Broadway - Liquor Primary (Cabaret) dated September 16, 2003 and the Administrative Report 1424 West Broadway, Kits on Broadway dated July 7, 2003, endorse the application by Kits Cabaret Vancouver Ltd. for a change in hours of operation from 7:00 p.m. to 2:00 a.m. Monday through Saturday and 7:00 p.m. to midnight on Sunday, to 9:00 a.m. to 12 midnight Sunday through Wednesday and 9:00 a.m. to 2:00 a.m. Thursday through Saturday, for the Liquor Primary License (Cabaret), at 1424 West Broadway, subject to the following conditions:
i. Adherence to clean air principles; and
ii. A signed Good Neighbour Agreement prior to issuing the 2004 business license.
CARRIED UNANIMOUSLY
(Mayor Campbell not present for the vote)
CONSIDERATION
5. 4387 West 10th Avenue (File 2609)
The Committee had before it an Administrative Report dated September 23, 2003, in which the Director of Current Planning sought Council advice on a development application requesting permission to construct a four-storey building containing retail/residential uses, where the proposed height exceeds the maximum permitted 12.2 m/40.0 ft. under the provisions of the C-2 District Schedule. The General Manager of Community Services submitted the foregoing for consideration.
Ralph Segal, Senior Development Planner, reviewed the report and responded to questions. He noted an error in the Appendices to the report - the date of the UDP minutes should be July 23, 2003 and be marked as Appendix C, not D.
The Applicants, Bruce Haden, Hotson, Bakker Architects and Sergio Rodriques, Roar Ventures Ltd., reviewed the project and noted that the Urban Design Panel supported the project.
The following spoke in opposition to the application:
Thomas Mattison, Area Resident
Eva Dolan, Area Resident
Janis McKenna, Area Resident
Speakers' comments included:
· reviewed current guidelines relating to setbacks and suggested that as new C-2 guidelines are expected in the near future, staff could enforce the new guidelines now;
· if application approved, neighbours will be denied sunlight and privacy;
· during the public process, neighbours made few positive comments about the project;
· urged Council to deny the application as only the developer would benefit, not the neighbours;
· massive size and height should be reduced;
· if proposal approved, property values will decrease.
Staff advised they must use current guidelines and not presuppose will of Council regarding proposed guidelines that have not yet been presented. They also responded to questions relating to zoning guidelines and the impact of setbacks
MOVED by Councillor Louie
THAT the Committee recommend to Council
THAT the Director of Planning be advised that Council would favour the proposed height relaxation and the approval for the construction of a four-storey retail/residential building at 4387 West 10th Avenue, as submitted under DE 407672, and outlined in Administrative Report 4387 West 10th Avenue, dated September 23, 2003, and subject to Director of Planning conditions to be met prior to issuance of the development permit.
CARRIED
(Councillor Louis opposed)
(Councillors Bass, Cadman, Woodsworth and Mayor Campbell not present for the vote)
6. Planning the False Creek Flats (File 8203)
The Committee had before it an Administrative Report dated July 9, 2003, in which the Co-Directors of Planning, in consultation with the General Manager of Engineering Services described the vision and policy directions for the False Creek Flats, informed Council regarding opportunities to integrate the Flats into the urban fabric of the City while strengthening its role in the City's economy and sought Council approval of a planning program for False Creek Flats. The General Manager of Community Services supported the recommendations.
Larry Beasley, Director of Current Planning, and Ann McAfee, Director of City Plans, reviewed the report and responded to questions relating to live/work zoning in industrial lands, criteria/plans used by City to develop strategies, ecological issues, consultation/visioning process, growth/capacity projections for various areas of the City.
Mr. Beasley specifically noted that staff agrees with the items reflected in the Vancouver City Planning Commission (VCPC) memo to Mayor and Council, dated October 7, 2003.
The following spoke in favour of the recommendations:
Rena Lazar, Chair, Vancouver City Planning Commission and Bob Williams, Chair, False Creek Flats Sub-committee of VCPC
Jim Cox, Vice-President, Properties & Legal Services, and Gary Pooni, Senior Planner, Vancouver Port Authority
Mark Betteridge, Executive Director & CEO, Discovery Parks
Dennis Meakin, Property Owner
Rob Gritten, Principal, Avison Young Commercial Real Estate Inc.
Bob Laurie, Finning
Speakers' comments included:
· City should not dismiss employment goal; however, VCPC is not entirely convinced that proposed rezoning would accommodate this goal;
· amenity question is very significant and the transportation study is worthwhile;
· public realm needs to be considered;
· Flats should not be seen as "lumps" of land, but should be more fully integrated into surrounding neighbourhoods;
· Port is important to economics of the City;
· concern expressed regarding loss of support activities for the Port; if industrial land use and supporting business are not protected, the Port will not remain a viable operation;
· proposed transportation study will determine how much rail the Port requires;
· industrial and residential in close proximity does not work;
· as a stakeholder in False Creek Flats, Discovery Parks offered to work with staff through its Board of Directors;
· reviewed good example of similar project at Mission Bay (San Francisco);
· encouraged consideration of sustainable technologies, health care, role of Science World as part of this area being a "learning community";
· proposals in front of Council are market-driven;
· goal should be to assist investors to develop this land;
· environmental contamination in False Creek Flats is a concern;
· I-3 zoning is too restrictive; mixed use preferred with residential as a small component; along with a retail and live/work components;
· study should be priority to ensure evolution of Flats;
The following spoke in opposition to the recommendations:
Alex Mordo, A. Mordo & Son Ltd. and Jim Lehto, UD&D Ltd. (material submitted - on file).
Speakers' comments included:
· international manufacturing company requested application to build 42,000 sq. ft facility with 20,000 sq. ft. of artist live/in studios processed in a timely manner.
In response to questions, staff reviewed the process relating to applications and the timing of the review of False Creek Flats.
MOVED by Councillor Green
THAT the Committee recommend to Council
A. THAT Council direct staff to undertake a planning program for the False Creek Flats, as described in Administrative Report Planning the False Creek Flats, dated July 9, 2003, to:
· take advantage of a number of opportunities to better integrate the I-3 area in the western Flats into the urban fabric of the city;
· maintain and strengthen the role of the I-2 area in the eastern Flats in servicing the Port and Downtown; and,
· articulate long-range land use and transportation directions for the False Creek Flats and provide an overall economic development perspective;
B. THAT Council re-affirm the city-serving, employment and transportation roles of the easterly I-2 area of the Flats;
C. THAT the City Manager work with the Co-Directors of Planning to frame resource needs and finalize a time schedule to complete the False Creek Flats planning program, in the context of other outstanding policy initiatives and related funding needs;
D. THAT Planning staff and the Vancouver City Planning Commission jointly conduct a workshop for Council to provide an update on issues relating to the False Creek Flats.
Amended
POSTPONEMENT MOVED by Councillor Roberts
THAT decision on the item relating to False Creek Flats Planning be postponed to after a joint workshop is conducted for Council by Planning and VCPC relating to the issues regarding False Creek Flats.
LOST
(Councillors Cadman, Green, Ladner, Louie, Stevenson and Woodsworth opposed)
(Mayor Campbell not present for the vote)
AMENDMENT MOVED by Councillor Sullivan
THAT in Recommendation A, "as described in this report" be deleted and replaced with "that does not include residential".
LOST
(Councillors Bass, Cadman, Green, Ladner, Louie, Louis, Roberts, Stevenson, and Woodsworth opposed.)
(Mayor Campbell not present for the vote)
AMENDMENT MOVED by Councillor Sullivan
(i) in Recommendation A - "eastern Flats" be deleted and replaced with "False Creek Flats";
(ii) in Recommendation B - "easterly 1-2 area of the Flats" be deleted and replaced with "False Creek Flats.
CARRIED
[Councillors Stevenson opposed to (i) and Councillor Sullivan opposed to (i) and (ii)]
(Mayor Campbell not present for the vote)
AMENDMENT MOVED by Councillor Bass
THAT in Recommendation A the words "and industrial" be added following the word "urban".
CARRIED
(Councillor Sullivan opposed)
(Mayor Campbell not present for the vote)
MOTION AS AMENDED
THAT the Committee recommend to Council
A. THAT Council direct staff to undertake a planning program for the False Creek Flats, as described in Administrative Report Planning the False Creek Flats, dated July 9, 2003, to:
· take advantage of a number of opportunities to better integrate the I-3 area in the western Flats into the urban and industrial fabric of the city;
· maintain and strengthen the role of the I-2 area in the False Creek Flats in servicing the Port and Downtown; and,
· articulate long-range land use and transportation directions for the False Creek Flats and provide an overall economic development perspective;
B. THAT Council re-affirm the city-serving, employment and transportation roles of the False Creek Flats;
C. THAT the City Manager work with the Co-Directors of Planning to frame resource needs and finalize a time schedule to complete the False Creek Flats planning program, in the context of other outstanding policy initiatives and related funding needs;
D. THAT Planning staff and the Vancouver City Planning Commission jointly conduct a workshop for Council to provide an update on issues relating to the False Creek Flats.
CARRIED UNANIMOUSLY
(Mayor Campbell not present for the vote)
7. False Creek Flats - Transportation Study (File 8203)
The Committee had before it an Administrative Report dated September 25, 2003, in which the General Manager of Engineering Services in consultation with the Directors of Current Planning and City Plans sought Council approval of the terms of reference for a transportation study of the False Creek Flats. The General Manager of Engineering Services noted that timing and funding for the transportation study should go with the comprehensive land use review of the Flats as described in the Administrative Report Planning the False Creek Flats dated July 9, 2003, as well as the Rail Transportation Study currently underway. However, in the absence of undertaking the proposed planning program, staff still recommend proceeding with the transportation study.
Dale Bracewell, Transportation Engineer, reviewed the report and along with Ian Adams, Engineering, responded to questions relating to intent of the study, public process and notification.
Petronella Vander Valk, area resident, (brief submitted - on file), expressed concern relating to transportation/traffic impacts in the False Creek Flats area. She specifically requested community groups, such as the Neighbourhood Traffic Group, be involved in the process.
MOVED by Councillor Louie
THAT the Committee recommend to Council
A. THAT Council approve the terms of reference for a transportation study of the False Creek Flats, as described in the Administrative Report False Creek Flats - Transportation Study, dated September 25, 2003, and have staff proceed with a Request for Proposals for the proposed study following approval of funding, and report back on a recommended consultant.
B. THAT the City Manager work with the General Manager of Engineering Services to frame resource needs and finalize a time schedule to complete the False Creek Flats Transportation Study, in the context of the planning program for the Flats as well as other outstanding policy initiatives and related funding needs.
CARRIED UNANIMOUSLY
The Committee adjourned at 5:20 p.m.
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CITY OF VANCOUVER REGULAR COUNCIL MEETING MINUTES
OCTOBER 9, 2003 |
A Regular Meeting of the Council of the City of Vancouver was held on Thursday, October 9, 2003, at 5:20 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: |
Acting Mayor Raymond Louie
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ABSENT: |
Mayor Campbell (Sick Leave)
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CITY MANAGER'S OFFICE: |
Brent MacGregor, Deputy City Manager |
CITY CLERK'S OFFICE: |
Diane Clairmont, Meeting Coordinator |
COMMITTEE OF THE WHOLE
MOVED by Councillor Roberts
SECONDED by Councillor Green
THAT this Council resolve itself into Committee of the Whole, Acting Mayor Raymond Louie in the Chair.
CARRIED UNANIMOUSLY
COMMITTEE REPORTS
Report of Standing Committee on Planning and Environment
October 9, 2003
Council considered the recommendations of the Committee, as contained in the following clauses of the foregoing report:
CI.1 Warning to Prospective Purchasers of 1044 East 12th Avenue
CI.2 Warning to Prospective Purchasers of 2942 East 7th Avenue
CI.3 Dangerous Building at 2071 East 35th Avenue
CI.4 921 West Pender Street - Liquor Primary (Lounge)
5th Floor - 595 Hornby Street - Liquor Primary (Cabaret)
1424 West Broadway - Liquor Primary (Cabaret)
CI.5 4387 West 10th Avenue
CI.6 Planning the False Creek Flats
CI.7 False Creek Flats - Transportation Study
MOVED by Councillor Roberts
THAT the recommendations of the Committee, as contained in Clauses 1-4, 6 and 7 of this report, be approved.
CARRIED UNANIMOUSLY
MOVED by Councillor Roberts
That the recommendations of the Committee, as contained in Clause 5 of this report be approved.
CARRIED
(Councillor Louis opposed)
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 Roberts
SECONDED by Councillor Green
THAT the report of the Committee of the Whole be adopted.
CARRIED UNANIMOUSLY
NEW BUSINESS
1. Use of Personal Electronic Devices (File 1251)
Councillor Louie requested staff distribute a memo regarding existing policy on use of all personal electronic devices that transmit when Council or Committee meetings are convened.
The Council adjourned at 5:30 p.m.
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