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CITY OF VANCOUVER
SPECIAL COUNCIL MEETING MINUTES
DECEMBER 10, 2003
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A Special Meeting of the Council of the City of Vancouver was held on Wednesday, December 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 the Zoning and Development and Sign By-laws, and to designate property as protected heritage property and to enter into Heritage Revitalization Agreements.
PRESENT:
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Deputy Mayor David Cadman
Councillor Fred Bass
Councillor Jim Green
Councillor Peter Ladner
Councillor Raymond Louie
Councillor Tim Louis
Councillor Anne Roberts
Councillor Tim Stevenson
*Councillor Sam Sullivan
Councillor Ellen Woodsworth
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ABSENT:
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Mayor Larry Campbell (Leave of Absence - Civic Business)
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CITY CLERK'S OFFICE:
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Denise Salmon, Meeting Coordinator
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*Denotes absence for a portion of the meeting.
COMMITTEE OF THE WHOLE
MOVED by Councillor Louie
SECONDED by Councillor Louis
THAT this Council resolve itself into Committee of the Whole, Deputy Mayor Cadman in the Chair, to consider proposed amendments to the Zoning and Development and Sign By-laws, and to designate property as protected heritage property and to enter into Heritage Revitalization Agreements.
CARRIED UNANIMOUSLY
(Councillor Sullivan absent for the vote.)
1. HERITAGE DESIGNATION/HRA: 1483 West 15th Avenue
An application by Walter Francl Architecture, Inc. was considered as follows:
Summary:
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An application to enter into a Heritage Revitalization Agreement and designation for conservation of heritage facades of the apartment building at 1483-1487 West 15th Avenue.
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The Director of Current Planning recommended approval.
Staff Comments
Gerry McGeough, Senior Heritage Planner, was present to respond to questions.
Applicant Comments
Robert Lemon, representing the applicant, was present to respond to questions.
Summary of Correspondence
No correspondence was received on this matter.
Speakers
Deputy Mayor Cadman called for speakers for and against the application and none were present.
Council Decision
MOVED by Councillor Green
A. THAT Council authorize the Director of Legal Services to enter into a Heritage Revitalization Agreement for the property at 1483 - 1487 West 15th Avenue to:
$ secure the rehabilitation, protection and on-going maintenance of the three street facades of the two apartment buildings, formerly known as the Shaughnessy Mansions, listed in the "B" category on the Vancouver Heritage Register; and
$ vary the Development Cost Levy By-law to reduce the rate to $0.11/ m².
B. THAT Council by by-law designate as Protected Heritage Property the three street facades of the property at 1483 - 1487 West 15th Avenue;
C. THAT the Director of Legal Services bring forth the by-law to authorize the Heritage Revitalization Agreement; and
D. THAT the Director of Legal Services bring forth the by-law to designate as Protected Heritage Property the three street facades of 1483 - 1487 West 15th Avenue.
CARRIED UNANIMOUSLY
(Councillor Sullivan absent for the vote.)
2. HERITAGE DESIGNATION/HRA: 511 Union Street
An application by Brad Alberts, Inter Urban Land Corp. was considered as follows:
Summary:
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An application to enter into a Heritage Revitalization Agreement and designation to permit a Multiple Conversion Dwelling at 511 Union Street.
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The Director of Current Planning recommended approval.
Staff Comments
Gerry McGeough, Senior Heritage Planner, was present to respond to questions.
Applicant Comments
Brad Alberts, the applicant, was present to respond to questions.
Summary of Correspondence
No correspondence was received on this matter.
Speakers
Deputy Mayor Cadman called for speakers for and against the application and none were present.
Council Decision
MOVED by Councillor Stevenson
A. THAT Council authorize the Director of Legal Services to enter into a Heritage Revitalization Agreement for the property at 511 Union Street to:
$ secure the rehabilitation, protection and on-going maintenance of the existing "B" category Vancouver Heritage Register heritage house; and,
$ vary the RT-3 District Schedule of the Zoning and Development By-law in the following manner as described within Development Permit Application DE407182 to:
i. increase the maximum conditional floor space from 0.75 permitted to 1.49 existing;
ii. increase the maximum site coverage from 45% permitted to 64% proposed;
iii. increase the proposed density from two multiple conversion dwelling units permitted to four multiple conversion dwelling units proposed;
iv. make lawful the existing non-conformities in the east and rear yards; and,
v. make the proposed four unit dwelling an outright rather than conditional use.
B. THAT Council approve a Single Room Accommodation (SRA) Permit to convert 8 SRA rooms to 4 self-contained dwelling units greater than 320 square feet at 511 Union Street on the condition that the owner enter into a Heritage Revitalization Agreement as set out in Recommendation A;
C. THAT Council approve a contribution of $20,000.00 to the Affordable Housing Fund;
D. THAT Council by by-law designate the exterior at 511 Union Street as municipally Protected Heritage Property;
E. THAT the Director of Legal Services bring forth the by-law to authorize the Heritage Revitalization Agreement but not sign the agreement until the contribution noted above in Recommendation "C" has been made and until confirmation that a strata conversion application has been approved in principle by the Approving Officer; and,
F. THAT the Director of Legal Services bring forth the by-law to designate as municipally Protected Heritage Property the exterior of the heritage house.
CARRIED UNANIMOUSLY
(Councillor Sullivan absent for the vote.)
3. REZONING: 1120 West Georgia Street and
An application by James KM Cheng Architects Inc. was considered as follows:
Summary:
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An application to rezone the 1120 West Georgia Street site from Downtown District (DD) to Comprehensive Development District (CD-1) for a 57-storey 183 m (600 ft.) mixed-use tower containing Residential and General Office Live-Work uses, and a floor space ratio of 12.81.
Associated with the rezoning is designation and a Heritage Revitalization Agreement for the heritage building on the adjacent site at 1160 West Georgia Street. There is an amendment to the Sign By-law and, at the time of enactment of the zoning by-law, amendments to the Noise Control By-law. The Downtown District base maps will also be altered to delete this site.
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The Director of Current Planning recommended approval, subject to conditions as set out in the agenda of the Public Hearing.
Staff Opening Comments
Phil Mondor, Rezoning Planner, reviewed the application, provided background leading up to the by-law amendment and highlighted proposed zoning changes and issues. Mr. Mondor also highlighted three principal community amenities proposed by the developer, and responded to questions related to public access to the building, including the rooftop. The proposed Heritage Revitalization Agreement and designation at 1160 West Georgia Street was also noted. Michael Gordon, Senior Planner, also provided information on remaining opportunities for tall buildings in the Downtown District.
Applicant Opening Comments
James Cheng, James KM Cheng Architects Inc., with the aid of a model and PowerPoint presentation, described the project and highlighted its associated public benefits Mr. Cheng also responded to questions from Council related to the potential for rooftop access, the choice of bamboo rather than indigenous plantings for the project, and the rationale for choice of location for sculpture garden.
Robert Lemon, Robert G. Lemon Architecture & Preservation, provided background on plans to return the heritage building to its original appearance, and Pastor Dave Koop, Coastal Victory Church, explained the history leading up to purchase of this building. Daina Augaitis, Vancouver Art Gallery, spoke on the importance of the sculpture garden, and the opportunity it provides for artists to respond to the changing city. Leah MacFarlane, Chair of the Public Art Committee, also spoke in support of the project.
Summary of Correspondence
Council received the following correspondence since the date the application was referred to Public Hearing:
Speakers
Deputy Mayor Cadman called for speakers for and against the application.
The following speakers spoke in opposition to the application:
· Stuart Swain, Vice-President, Pacific Centre Leasehold Ltd.
· Alex Stroshin, area property owner
Comments provided by the foregoing speakers included:
· objection to the planned project's height and massing;
· westerly view vistas will be diminished from the TD tower, with negative long-term consequences of diminished value for both tenants and owners;
· the building is too big for the site, it will dwarf everything around it and should be brought back down to 450 feet; and
· increased shadowing and wind will negatively impact surrounding area.
Applicant Closing Comments
Mr. Cheng noted densification of the Downtown is required to help preserve our neighbourhoods. He further observed this densification would result in fewer trip generators into the area, and greatly increase the local pedestrian traffic, which in turn will move us toward a more sustainable and vibrant city. Mr. Cheng further noted the proposed tower would have no shadowing effect on Mr. Stroshin's nearby property.
Staff Closing Comments
Mr. Mondor commented on the public process leading the Public Hearing, noted two public open houses in June had been well attended, and drew Council's attention to the fact only two people had come forward this evening to comment on the application.
Council Decision
MOVED by Councillor Green
A. THAT the application by James KM Cheng Architects, to rezone 1120 West Georgia Street (Lot G, Block 18, DL 185, Plan LMP1597) from DD to CD-1, adding Dwelling Units and General Office Live-work as permitted uses, and allowing an increase in building height to 183 m (600 ft.) and an increase in floor space ratio to 12.81, generally as set out in Appendix A of the Policy report dated November 10, 2003 entitled "CD-1 Rezoning at 1120 West Georgia Street and Heritage Revitalization Agreement at 1160 West Georgia Street" be approved, subject to the following conditions:
(a) That the proposed form of development be approved by Council in principle, generally as prepared by James KM Cheng Architects, and stamped "Received Planning Department", September 9, 2003, provided that the Director of Planning or the Development Permit Board, as the case may be, may allow minor 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 or the Development Permit Board, as the case may be, who shall have particular regard to, among other things, the following:
DESIGN DEVELOPMENT - GENERAL
(i) design development to refine the overall tower building character to respond better to the context and achieve a building of excellence;
Note to Applicant: aspects to review include, among other things: how the major facades respond to their different contexts; how the internal uses are reflected externally; and refinement to the tower roof form including its landscaping.
(ii) design development to refine the overall relationship between the tower and building base to improve the overall built form composition;
Note to Applicant: aspects to review include, among other things: the better integration of the tower and base in built form and character particularly at the westerly junction; improvement in the vertical circulation between the lower storeys of the tower and the various levels of the base; the base overhangs need to be strengthened; and emphasis of the main entrances such as the hotel.
(iii) design development to refine the food store design to improve its street character in regard to the ceremonial status of West Georgia Street and the downtown quality appropriate for Alberni Street;
Note to Applicant: aspects to review include, among other things: the internal planning of the food store to provide animated and visually interesting uses along the street; the store facades should reflect the different characters of West Georgia and Alberni Streets; and integrated signage.
(iv) design development to the overall project that achieves a cohesively elegant, transparent and sophisticated building skin; and
Note to Applicant: provide a letter of undertaking that establishes the intent of the skin design and commitment to a process through the various approval steps (development application and building permit).
(v) undertake a revised micro climate analysis of the re-submission and make design changes to improve pedestrian comfort.
Note to Applicant: aspects to review include, among other things: the sculpture garden and public space beside the tower. The revised analysis should seek to consider micro-climate impacts surrounding the site.
DESIGN DEVELOPMENT - ACOUSTICS
(vi) provision of a ventilation or air conditioning system in the dwelling units which enables occupants to maintain closed windows in a location subject to high noise levels.
Note to Applicant: The CD-1 By-law has a provision that development permit application requires evidence in the form of a report and recommendations prepared by a person trained in acoustics and current techniques of noise measurement, demonstrating that the noise levels in dwelling units and hotel units listed do not exceed the noise levels set out in the By-law.
Further Note to Applicant: The CD-1 By-law states a condition of use that Dwelling units are in an "activity zone" as defined in the Noise Control By-law, and, as a result, are subject to noise from surrounding land uses and street activities at levels permitted in industrial and downtown districts. It can be anticipated that this will be a condition on development permit.
(vii) consideration of acoustical investigation and design development to address the noise impacts of a tall building, particularly reverberation of ambient noise towards the West End neighbourhood, through choice of materials, articulation, and greening of the southwest facade.
HERITAGE
(viii) design development to refine the westerly area which is near the "B" Heritage Register building at 1160 West Georgia Street ("Coastal Church") to improve the setting for this heritage building and improve the design quality of the vehicular access.
Note to Applicant: aspects to review include, among other things: the integration of the proposed Church buttressing into the design of the vehicular ramp; a higher quality of materials and landscape design for the vehicular ramp; coordination of pedestrian movement across the northerly portion of both sites; and integrated signage.
DESIGN DEVELOPMENT - SCULPTURE GARDEN (PUBLIC ART SITE)
(ix) design development to refine the Sculpture Garden/Public Art Site design and surrounding public realm to improve the public experience;
Note to Applicant: aspects to review include, among other things: making the Sculpture Garden more visible and inviting from both West Georgia and Alberni Streets; making the Sculpture Garden a stronger destination place; improve solar access to the Sculpture Garden; incorporate contemporary art detailing in aspects of the project; strengthening the pedestrian route from West Georgia to Alberni Streets; increasing the sidewalk width on Thurlow Street by setting back the retail by 2 feet minimum; maximizing the sidewalk widths on Alberni Street; and generally looking for more landscaping opportunities.
(x) design development to refine the podium roof garden design to improve its public access and character;
Note to Applicant: aspects to review include, among other things: increase public access; and strengthen the connection between the roof garden and the surrounding ground plane.
DESIGN DEVELOPMENT - SUSTAINABILITY
(xi) design development to all aspects of the project to enhance the sustainability characteristics;
Note to Applicant: aspects to review include, among other things: water efficiency, energy & atmosphere, materials & resources, and indoor environmental quality.
DESIGN DEVELOPMENT - BICYCLE STORAGE
(xii) The bicycle storage facilities are to be designed to the requirements of the Vancouver Parking By-law, including separation to a maximum of 40 bicycles per room or unit; and
CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN (CPTED)
(xiii) design development to take into consideration the principles of CPTED (Crime Prevention Through Environmental Design) having particular regard to reducing opportunities for:
$ theft in the underground through separation of live/work and commercial elevators, parking areas and exiting;
$ break and enter;
$ mischief in door alcoves on the lane and street, and by gating the loading bay.
(c) That, prior to enactment of the CD-1 By-law, the registered owner shall, at no cost to the City:
HERITAGE (1160 West Georgia Street)
(i) pay $4,427,000 into an interest-bearing trust account of the law firm acting for the owner(s) of the "B" Vancouver Heritage Register building at 1160 West Georgia Street (former First Church of Christ, Scientist). A portion may be paid to the owners of 1160 West Georgia Street upon having obtained Development and Building Permits for the rehabilitation and voluntary code upgrading of the building at 1160 West Georgia to the satisfaction of the Director of Planning and Chief Building Official and the remaining portion, sufficient to cover all costs and a twenty percent holdback, shall be applied to the rehabilitation and code upgrading of the heritage building in conformance with the required permits and only released by the trust lawyer as work is completed and upon the instruction of the City's Heritage Planner who will act in accordance with the rehabilitation agreement between the City and the heritage building owner which will include the work schedule within but who may also act in accordance with the statutory right of way required below. The City and the trust lawyer must agree upon the terms and conditions which govern payout of the trust money, and until such agreement is settled all to the satisfaction of the Director of Legal Services the owner of 1120 West Georgia Street shall not pay the money.
(ii) arrange that the registered owner of the "B" Vancouver Heritage Register building at 1160 West Georgia Street enter into the following agreements with the City:
_ a heritage revitalization agreement to secure the rehabilitation, voluntary code upgrading, protection and ongoing maintenance of the exterior and interior of the heritage building. This agreement will include the owner waiving compensation for the City designating the building;
_ a section 219 covenant to secure the prompt restoration and voluntary code upgrading of the heritage building as per a defined work schedule. This covenant will also require an architect or engineer having substantive heritage conservation experience to supervise the rehabilitation work; and
_ a statutory right of way by which the City may undertake or complete the rehabilitation work if the owner delays in undertaking or completing such work.
All agreements shall be drawn to the satisfaction of the Director of Current Planning on terms and conditions satisfactory to the Director of Legal Services and all agreements shall be registered in the Land Title Office with priority over all charges which may defeat or delay such agreements.
SCULPTURE GARDEN (PUBLIC ART SITE)
(iii) provide, equip, maintain and repair a public passage way/galleria (Sculpture Garden/Public Art Site) connecting Alberni and West Georgia Streets as shown in the plans submitted with the revised application. This obligation is to be secured by a section 219 covenant and the public's right to pass through and be upon such area is to be expressed as a statutory right of way; and
(iv) provide for displaying public art within the public right of way area by establishing a Program therefore with the City by:
(A) paying the City $2,400,000 to endow the art program; and
(B) entering into an agreement under the City's Encroachment By-law which would allow the Owner to display art works in the statutory right of way area, establish the art display program and enhance the funding of the art display program by the annual encroachment fee of $112,500 plus applicable taxes if any, such annual fee to be adjusted for the cost of living every third year. As the site is subdivided the annual fee is to be apportioned among its various components on an equal per square foot basis but with a 60% discount for food store space. (The hotel space will not contribute to the annual fee because it will provide free accommodation to visiting artists through the statutory right of way agreement.). As each subdivided component is further subdivided by strata plan, the annual fee will be further apportioned on the basis of each strata lot's unit entitlement. This agreement will irrevocably direct the City and its nominees to administer the art program for the Owner.
The agreements, in (iii) and (iv) above, shall include such further terms as deemed advisable by the Directors of Legal Services, Current Planning and Office of Cultural Affairs as well as the General Manager of Engineering Services and the agreements shall be drawn to the satisfaction of the Director of Legal Services and registered in the Land Title Office in priority over all interests which may defeat or delay such rights to the City.
AFFORDABLE HOUSING
(v) make arrangements for the contribution of $1,000,000 to the Affordable Housing Fund to the satisfaction of the Director of the Housing Centre, on terms and conditions satisfactory to the Director of Legal Services.
ENGINEERING SERVICES
(vi) make arrangements to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services for the following:
(A) Clarification of charges on title. A charge summary should be provided.
(B) Clarification if lot consolidation is intended with the adjacent church site (lot 7).
(C) Clarification if any portions of the existing church or proposed renovations to the church encroach onto public property.
(D) Upgrading to the City sewer system to provide adequate servicing for the proposed development. (The extent of sewer system upgrading requires additional details and clarifications to determine the full extent of upgrading that may be required.)
(E) Upgrading of the traffic signal at West Georgia and Thurlow Streets to provide for a right turn signal from east bound West Georgia to southbound Thurlow, subject to City Council approval.
(F) Provision of a traffic consultant's review to clarify loading demands of the development and identify opportunities for shared use of loading facilities. Provision of a review of the geometric design of the parkade ramp to accommodate the largest truck that will visit the site and the necessary ramp widths to provide for 2-way traffic flow through the 90 degree turn in the parkade ramp (largest truck and passenger car passing each other).
(G) Undergrounding of all BC Hydro and Telus services to service the site from the closest existing suitable service point, including a review of the impact of any required overhead wiring on the neighbourhood.
SOILS - INDEMNITY AGREEMENT
(vii) 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 Water, Land and Air Protection 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.
SOILS - VANCOUVER CHARTER
(viii) Shall, as required by the General Manager of Engineering Services and the 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.
SOILS - OCCUPANCY
(ix) Execute a Section 219 Covenant, satisfactory to the Director of Legal Services, that there will be no occupancy of any buildings or improvements on the subject site constructed pursuant to this rezoning, until an approval in a form satisfactory to the Director of Legal Services and the General Manager of Engineering Services, have been provided to the City by the Ministry of Water, Land and Air Protection.
B. THAT the application by the Director of Current Planning to amend the Downtown District Official Development Plan (By-law No. 4912), as a consequential amendment to rezoning of the site at 1120 West Georgia Street from DD to CD-1, to remove the site from the maps in the DD ODP, be approved.
C. THAT the application by James KM Cheng Architects to amend the Sign By-law (By-law No. 6510) to establish regulations for this CD-1 in accordance with Schedule B (DD) be approved.
D. THAT the Director of Legal Services be instructed to bring forward for enactment the following amendment to the Noise Control By-law at the time of enactment of the CD-1 By-law.
"[CD1 #]
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[By law #]
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1120 West Georgia"
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E. THAT Council designate as municipally-protected heritage property the "B" Heritage Register building at 1160 West Georgia Street (Lot 7, Block 18, DL 185, Plan 92).
F. THAT the Director of Legal Services enter into a Heritage Revitalization Agreement to secure the rehabilitation, voluntary code upgrading, protection and on-going maintenance of the exterior and interior of the "B" Heritage Register building at 1160 West Georgia Street.
G. THAT the Director of Legal Services and General Manager of Engineering Services conclude and sign the agreements outlined regarding the Sculpture Garden set out in Appendix B of the Policy Report "CD-1 Rezoning at 1120 West Georgia Street and Heritage Revitalization Agreement at 1160 West Georgia Street" dated November 10, 2003.
CARRIED
(Councillor Bass opposed.)
RISE FROM COMMITTEE OF THE WHOLE
MOVED by Councillor Louie
CARRIED UNANIMOUSLY
ADOPT REPORT OF COMMITTEE OF THE WHOLE
MOVED by Councillor Louie
SECONDED by Councillor Green
CARRIED UNANIMOUSLY
BY-LAWS
MOVED by Councillor Green
SECONDED by Councillor Louie
CARRIED UNANIMOUSLY
1. A By-law to authorize Council entering into a Heritage Revitalization Agreement with the Owner of Heritage Property (1160 West Georgia Street) (By-law No. 8769)
2. A By-law to designate certain real property as protected heritage property (1160 West Georgia) (By-law No. 8770)
3. A By-law to authorize Council entering into a Heritage Revitalization Agreement with the Owners of Heritage Property (1483-1487 West 15th Avenue) (By-law No. 8771)
4. A By-law to designate certain real property as protected heritage property (1483-1487 West 15th Avenue) (By-law No. 8772)
The Special Council adjourned at 8:50 p.m.
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