A Regular Meeting of the Standing Committee of Council on Planning and Environment was held on Thursday, December 4, 2003, at 2:00 p.m., in Committee Room No. 1, Third Floor, City Hall.

*Denotes absence for a portion of the meeting.

 

VARY AGENDA

Council agreed to vary the order of the agenda in order to deal with items 3 and 4 prior to items 1 and 2. For clarity, the items are minuted in the order in which they were dealt with.

ADOPTION OF MINUTES

The Minutes of the Standing Committee on Planning and Environment meeting of November 6, 2003, were adopted.

INFORMATION

3. City-Wide Development Cost Levy: Effective Date for Rate Increase (File 1755)

The Committee had before it a Policy Report dated November 18, 2003, in which the Directors of City Plans, Current Planning and Development Services, reported on the effects of the timing of the approved Development Cost Levy increase on developments and added costs on new developments. The report also put forward for consideration possible resolutions should Council decide to reconsider the effective date for the increase. The City Manager submitted this report for information and consideration.

Ronda Howard, Senior Planner, Financing Growth/Economy, provided an overview of the Policy Report and, along with Larry Beasley, Director of Current Planning, responded to questions concerning the public notification process, DCL's place in context of other factors such as interest rates, costs of construction and market values of completed projects, and the range of increased costs being faced by applicants currently in the system.

The following spoke in favour of Council reconsidering and revising its motion concerning the effective date of DCL increases:

Leon Bogner, Bogner Group
Tom Miller, Intracorp (materials filed)
Ward McAllister, President, Urban Development Institute
Eric Martin, Liaison Committee, Urban Development Institute
Richard Wittstock, Amacon
Matt Meehan, Concord Pacific.

Comments provided by the foregoing speakers included the following:

· Council's decision to implement the increase by February 1, 2004, has proven to be unreasonable and unfeasible;
· DCL increase results in an added tax to the prospective homeowner for the privilege of living in Vancouver;
· developers need to know their projected costs before going into a project; it was always believed there was a precedence for a one-year grace period to be provided, which would have been reflective of previous City policy implementations;
· most of the 22 applications in the system at the time of Council's decision will not make it through by the February 1st deadline, resulting in increased financial risks and spiraling costs; these projects would have been able to meet the staff-recommended June 24th date;
· developers have always relied heavily on City staff reports and their recommendations.

Mr. Beasley and Ms. Howard, along with Rick Scobie, Director of Development Services, responded to questions concerning timelines of various development applications currently in the system and how many of them would have made it through by June 24th, percentage of developers' costs represented by DCL charges, and whether these costs are passed onto the future landowners.

- - - - -

Following the hearing of the above-noted speakers, the Committee recessed at 3:35 p.m. and reconvened at 3:45 p.m. with the same members present.

- - - - -

MOVED by Councillor Green
THAT the Committee recommend to Council

THAT Council reconsider its motion of June 24, 2003 to "Provide a grace period to February 1, 2004 before DCL rate increases come into effect. Rate reductions will take effect on enactment of the appropriate amendments to the DCL By-law".

LOST NOT HAVING RECEIVED THE REQUIRED MAJORITY
(Councillors Cadman, Louis, Roberts and Woodsworth opposed)

MOVED by Councillor Louie
THAT the Committee recommend to Council

THAT Council reconsider its motion of June 24, 2003, to set the city-wide DCL rate at $6.00 per square foot.

LOST NOT HAVING RECEIVED THE REQUIRED MAJORITY
(Councillors Bass, Cadman, Louis, Roberts and Woodsworth opposed)

RECOMMENDATION

4. Bute Street as Neighbourhood Commercial Centre for Coal Harbour/Triangle West (File 8103/8110)

The Committee had before it a Policy Report dated November 18, 2003, in which the Director of Current Planning provided recommendations in regard to establishing a Character Area description to encourage the northerly three blocks of Bute Street to develop as a Neighbourhood Commercial Centre. The General Manager of Community Services recommended approval.

Larry Beasley, Director of Current Planning, provided an overview of the report.

Laurie Schmidt, speaking on behalf of Brook Development and Delta Land Development Corp., spoke in support of staff's recommendations, noting the creation of a neighbourhood centre will help to solidify a sense of community for the area.

MOVED by Councillor Louis
THAT the Committee recommend to Council

A. THAT the Director of Planning be instructed to amend the existing DD (except Downtown South) C-5, C-6, HA-1 and HA-2 Character Area Descriptions, as set out in Appendix "A" of the Policy Report dated November 18, 2003, entitled "Bute Street as Neighbourhood Commercial Centre for Coal Harbour/Triangle West", to include a Bute Street Neighbourhood Centre Character Area description that would;

- encourage retail uses along the Bute Street frontages in new developments; and
- where possible, assist existing buildings in installing retail uses to improve their street interface.

B. THAT Planning staff be authorized to work with owners of existing buildings toward retrofit of their buildings to create or improve retail along Bute Street and that Council is prepared to consider modest density increases to facilitate such retrofits.

CARRIED UNANIMOUSLY
(Councillor Sullivan absent for the vote)

1. Nuisance Building at 5992 Battison Street (File 2701)

The Committee had before it an Administrative Report dated November 10, 2003, in which the City Building Inspector recommended Council declare the building and site at 5992 Battison Street a nuisance and order it be demolished and a chain-link fence erected around the perimeter of the site. It was also recommended the Director of Legal Services be authorized to take legal actions as she deems appropriate and that a 336D Notice be filed against the title to the property to warn prospective purchasers of by-law violations and the order of Council. The General Manager of Community Services recommended approval.

Peter Sweeney, Manager, Building Inspection, with the aid of photographs, provided an overview of the Administrative Report.

MOVED by Councillor Louis
THAT the Committee recommend to Council

A. THAT Council declare that the building at 5992 Battison Street, Lot 1, Block 10, District Lots 36 and 49, Plan 6782 PID 010-810-676 is a nuisance pursuant to Section 324A of the Vancouver Charter.

B. THAT Council approve the Resolution attached to the Administrative Report dated November 10, 2003, entitled "Nuisance Building at 5992 Battison Street" and order that the building be pulled down and demolished and require that a chain-link fence be erected 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 because the records indicate that the registered owners of the property are deceased, Council approve service of the order referenced in paragraph (B) above, to the Public Trustee's office, to the Lawyer representing the brother for the property owner and by posting a copy of the order on the building.

D. THAT in the event that the order of Council is not complied with, 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.

E. THAT in the event of the failure of the parties involved to allow the City Building Inspector and/or his designate access to the site to carry out the work as outlined in paragraph (B) above, the Director of Legal Services is hereby authorized, in her discretion, to commence a legal action or proceeding in relation to the building located a 5992 Battison Street, 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 and Council's resolution.

F. THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the property at 5992 Battison Street, in order to warn prospective purchasers that there are violations of the Vancouver Building and Untidy Premises By-laws related to this property and that there is an order of Council against the property.

CARRIED UNANIMOUSLY
(Councillor Green absent for the vote)

2. 3600 Cornett Road - Request for Extension of Building Permit No. BU421464 (File 2604)

The Committee had before it an Administrative Report in which the Chief Building Official, in consultation with the Director of City Plans, sought Council's direction on an application for extension of a Building Permit for 3600 Cornett Road. The General Manager of Community Services submitted the choice of either approving or not approving the application for consideration.

Peter Sweeney, Manager, Building Inspection, reviewed the subject report and responded to questions concerning the process and timeline should the extension not be approved.

Jason McLean, Vancouver Film Studios, spoke in support of the studio's application for an extension of the building permit, and further requested Council to consider an extension of at least one year, rather than the 6 months put forward by staff. He noted the film industry was a unique and extremely competitive business and recent developments such as the appreciation of the Canadian dollar has led to a high vacancy rate and downturn of TV series being produced in Vancouver. He further noted stages are not built until tenancies have been secured, which is why Vancouver Film Studios has not yet begun construction as per the building permit deadline.

MOVED by the Mayor
THAT the Committee recommend to Council

THAT Council approve the request for an extension of Building Permit No. BU421464 for 3600 Cornett Road until May 14, 2004.

CARRIED
(Councillors Louie and Louis opposed)
(Councillor Bass absent for the vote)

5. By-law Enforcement (File 2700)

Vancouver City Council, at its meeting on December 2, 2003, referred the following motion to this meeting of the Planning and Environment Committee in order to hear from a member of the public wishing to speak (Note from Clerk: the speaker was not in attendance.):

MOVER: Councillor Ladner
SECONDER: Councillor Sullivan

WHEREAS Vancouver City Council enacts bylaws for the good of the citizens of Vancouver;

WHEREAS disturbing behaviour in the public realm in contravention of bylaws undermines the livability of the city, especially for the most vulnerable people-seniors, tourists, children, single women and the disabled;

WHEREAS minor bylaw offences have been shown to be a factor in encouraging more significant offences and adding to a perception of danger and lawlessness, which affects all citizens;

WHEREAS the City has proven with its initiatives on graffiti removal that a determined effort to curb minor offences can noticeably improve city life;

WHEREAS it is essential that the City have an effective system for responding to by-law offences that undermine the livability of the city in areas such as

· offences involving boom cars, loud motorcycles and car alarms
· offences involving illegal street vending, aggressive panhandling, cycling on sidewalks, squeegying, urinating in public and dogs off leash
· nuisance properties
· offences involving anti-smoking provisions of the Health Bylaw

THEREFORE BE IT RESOLVED THAT Council request a report from the City staff concerning the effectiveness of the City's current bylaw enforcement procedures, along with recommendations for increasing the effectiveness of City by-law enforcement.

postponed

AMENDMENT moved by Councillor Cadman
THAT the Committee recommend to Council

THAT the RESOLVED of the motion be amended by inserting after the words "along with recommendations" the words "and the full cost to address full enforcement of:

postponed

MOVED by Councillor Roberts
THAT the Committee recommend to Council

THAT consideration of the Motion entitled "By-law Enforcement" be postponed pending the receipt of a Memorandum from the City Manager outlining the full parameters of the City's current enforcement procedures, related costs, their effectiveness, and ways in which they can be improved upon.

CARRIED
(Councillors Ladner and Sullivan opposed)
(Councillor Bass absent for the vote)

The Committee adjourned at 4:46 p.m.

* * * * *

 

A Regular Meeting of the Council of the City of Vancouver was held on Thursday, December 4, 2003, at 4:46 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.

COMMITTEE OF THE WHOLE

MOVED by Councillor Cadman
SECONDED by Councillor Stevenson

CARRIED UNANIMOUSLY

COMMITTEE REPORTS

Report of Standing Committee on Planning and Environment
December 4, 2003

Council considered the report containing the recommendations and actions taken by the Standing Committee on Planning and Environment. Its items of business included:

1. Nuisance Building at 5992 Battison Street
2. 3600 Cornett Road - Request for Extension of Building Permit No. BU421464
3. City-Wide Development Cost Levy: Effective Date for Rate Increase
4. Bute Street as Neighbourhood Commercial Centre for Coal Harbour/Triangle West
5. By-law Enforcement

MOVED by Councillor Roberts

THAT the recommendations and actions taken by the Standing Committee on Planning and Environment at its meeting of December 4, 2003, as contained in Items 1-5, be approved.

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 Cadman
SECONDED by Councillor Woodsworth

THAT the report of the Committee of the Whole be adopted.

CARRIED UNANIMOUSLY

The Council adjourned at 4:50 p.m.

* * * * *

pe20031204.htm

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