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CITY OF VANCOUVER SPECIAL COUNCIL MEETING MINUTES MARCH 25, 2004 |
A Special Meeting of the Council of the City of Vancouver was held on Thursday, March 25, 2004, 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 By-law, to designate heritage property and to enter into a Heritage Revitalization Agreement.
PRESENT: |
Mayor Larry Campbell
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ABSENT: |
Councillor David Cadman (Leave of Absence - Civic Business)
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CITY CLERK'S OFFICE: |
Laura Kazakoff, Meeting Coordinator |
COMMITTEE OF THE WHOLE
MOVED by Councillor Bass
SECONDED by Councillor Woodsworth
THAT this Council resolve itself into Committee of the Whole, Mayor Campbell in the Chair, to consider proposed amendments to the Zoning and Development By-law, to designate heritage property and to enter into a Heritage Revitalization Agreement.
CARRIED UNANIMOUSLY
1. Heritage Designation: 1826 Blanca Street
An application by Elizabeth Murphy was considered as follows:
Summary: |
Heritage Revitalization Agreement and designation for multiple conversion dwelling, subdivision and creation of new two-family dwelling. |
The Director of Current Planning recommended approval.
Staff Opening Comments
Jeannette Hlavach, Heritage Planner, provided an overview of the application, and noted that the resultant four dwelling units is the maximum which is currently allowed under the present zoning.
Applicant Comments
Bette Murphy (materials filed), representing the applicant, advised she had recently purchased the subject property and, as part of her purchase agreement, she met with adjacent neighbours and received their support for her proposal which is now under consideration. She further noted she had responded to neighbours concerns by providing more off-street parking, moving the infill house to line up with the existing house, and retaining more green space.
Keith Jakobsen, Architect, advised the infill building has been designed to be sympathetic to the existing heritage house and the project maintains the current 66 foot frontage. He further noted this proposal is in scale with the surrounding neighbourhood.
Summary of Correspondence
Council received 12 letters in support, 1 letter in support but expressing concerns, and 2 letters in opposition to the application.
Speakers
The Mayor called for speakers for and against the application.
The following spoke in support of the application:
Charles Seigel
Jean Fahrni
Ross Fahrni.
A summary of comments provided by the foregoing speakers is provided below:
· this proposal provides a financially viable option for retaining the heritage house;
· the development will maintain the character of the neighbourhood;
· this project allows for the retention of a large amount of green space.
The following spoke in opposition to the application:
Marjorie Smith
David Smith
John Wilson.
A summary of comments provided by the foregoing speakers is provided below:
· concern expressed regarding increased density which will result from this proposal;
· the existing house is already 5.5 feet taller than any other house in the neighbourhood; do not support it being raised further;
· the proposed duplex will also be built 5 feet taller than existing houses in the neighbourhood and is not characteristic of the area;
· if the house is to be retained as a heritage building, then it should be preserved as it is; the proposed changes to the house will result in loss of its character and heritage qualities;
· the City should not be obligated to guarantee large financial returns in exchange for heritage preservation.
Staff Closing Comments
Ms. Hlavach, in response to a question, noted that the Vancouver Heritage Commission had reviewed the application and found it acceptable.
Council Decision
MOVED by Councillor Sullivan
A. THAT Council authorize the Director of Legal Services to enter into a Heritage Revitalization Agreement for the property at 1826 Blanca Street to:
a) secure the protection and on-going maintenance of the house listed in the "B" evaluation category on the Vancouver Heritage Register;
b) vary the provisions of the RS-1 District Schedule of the Zoning and Development By-law, as described in Development Permit application DE 408153, in order to permit retention, alteration and additions to the heritage house, and to make the resultant non-conformities lawful in perpetuity; and
c) vary the provisions of the RS-1 District Schedule of the Zoning and Development By-law, as described in Development Permit application DE 408155, in order to permit the construction of a new two-family dwelling to the south of the heritage house, and to make the resultant non-conformities lawful in perpetuity.
B. THAT the Director of Legal Services bring forth the by-laws to authorize the Heritage Revitalization Agreement and to designate the heritage house; and
C. THAT Council require that an agreement be registered to secure the timely rehabilitation of the heritage house.
CARRIED UNANIMOUSLY
2. Text Amendment and Rezoning: Secondary Suites (RS-3, RS-3A, RS-6)
An application by the Director of City Plans was considered as follows:
Summary: |
On March 9, 2004, when approving the application by the Director of City Plans to allow secondary suites in all RS, RT and RM zoning districts, Council further approved that amendments pertaining to the RS-3 and RS-3A Districts Schedule and the RS-6 District Schedule be referred to a new Public Hearing. This decision was made following staff advice that these districts had not been illustrated on a map in a newspaper advertisement of the Public Hearing. The proposed amendments would allow for secondary suites in the RS-3, RS-3A and RS-6 zoning districts and limit the number of suites to one in each one-family dwelling. |
The Director of Housing Centre, in consultation with the Director of City Plans, Chief Building Official, Chief License Inspector and Director of Legal Services recommended approval.
Staff Comments
Rob Whitlock, Senior Housing Officer, was present to respond to questions.
Summary of Correspondence
No correspondence was received since the date this application was referred to Public Hearing.
Speakers
The Mayor called for speakers for and against the application and none were present.
Council Decision
MOVED by Councillor Woodsworth
THAT the component of the application by the Director of City Plans to amend Zoning and Development By-law No. 3575 to allow secondary suites in RS-3, RS-3A and RS-6 zoning districts, limit the number of secondary suites to one for each one-family dwelling, and remove the terms family suite and phase-out suite throughout, generally in accordance with Appendix A of the Policy report dated January 13, 2004 entitled "Secondary Suites" be approved.
CARRIED UNANIMOUSLY
3. Text Amendment: Mini-Storage Warehouse
An application by the Director of Current Planning was considered as follows:
Summary: |
To define Mini-Storage Warehouse and conditionally permit them in certain zoning districts. The Parking By-law will require amendment and Design Guidelines will be adopted at time of enactment. |
The Director of Current Planning recommended approval.
Staff Opening Comments
Joanne Baxter, Director of Planning Liaison, Current Planner, was present to respond to questions.
Summary of Correspondence
Council received one letter commenting on the application since the date it was referred to Public Hearing.
Speakers
The Mayor called for speakers for and against the application.
Alan Bell spoke in support of the application.
Findlay Gibbons spoke in opposition to the application, noting the recommendation in the proposed guidelines for 50% glass at grade level is at odds with the need to provide a secure facility.
John McNamara spoke in opposition to certain aspects of the application, and requested an amendment to the proposed by-law change to exempt the M2 district.
Staff Closing Comments
Larry Beasley, Director of Current Planning, responded to a question concerning the M2 district.
Council Decision
MOVED by Councillor Louis
A. THAT the application by the Director of Current Planning to amend the Zoning and Development By-law to define Mini-Storage Warehouse and conditionally permit the use in certain zoning districts, generally as set out in Appendix A of the Policy Report dated February 4, 2004 entitled "Text Amendment: Mini-Storage Warehouse" be approved.
B. THAT, if the rezoning is approved, at time of enactment the by-law be accompanied by an amendment to the Parking By-law, generally as set out in Appendix B of the Policy Report dated February 4, 2004, entitled "Text Amendment: Mini-Storage Warehouse".
C. THAT, if the rezoning is approved, at time of enactment the by-law be accompanied by Mini-Storage Warehouse Guidelines, generally set out as Appendix C of the Policy Report dated February 4, 2004, entitled "Text Amendment: Mini-Storage Warehouse".
CARRIED UNANIMOUSLY
4. Rezoning: 3837 Point Grey Road
An application by Greg Borowski, Merrick Architecture, was considered as follows:
Summary: |
To rezone to confirm the existing form of development including minor additions and slightly higher seasonal tennis bubbles. |
The Director of Current Planning recommended approval, subject to conditions as laid out in the agenda before Council this evening.
Staff Opening Comments
Dave Thomsett, Senior Planner, Rezoning Centre, provided an overview of the application and reviewed the public input which has been received regarding the application. Mr. Thomsett also responded to questions concerning the recommended time limited approval for the tennis court lighting, and the numbers of residents whose views will be affected by the increased tennis bubble height.
Applicant Comments
Greg Borowski, Merrick Architecture, representing the applicant, advised the proposed CD-1 zoning will be consistent with the current use of the site and will allow improved service to the club's membership. Mr. Borowski noted the existing tennis bubbles do not meet current minimum standards of play, and the new bubbles will provide for improved playing conditions, better lighting, and significantly reduce energy demands. He further noted the increased locker space is required to serve the current membership, and the lighting will not be on past 11:00 p.m.
Summary of Correspondence
One letter in opposition to the application has been received since the date the application was referred to Public Hearing.
Speakers
The Mayor called for speakers for and against the application.
The following spoke in opposition to the application:
Chris Mallalue
Bernard Epting
Michelle Carrington
Les Sallay
Liz Wilson.
Comments provided by the foregoing speakers included the following:
· approval of this rezoning may result at a future time in a structure more imposing than the tennis bubbles;
· bubbles have been at their current height since the 1980's, do not understand why they now need to be made higher;
· concern regarding future development of this site which may increase FSR and not allow for public access to the waterfront;
· an additional four feet in bubble height is insignificant to tennis play;
· increased bubble height negatively impacts some neighbours' views, and also impacts the character of the neighbourhood and seaside views;
· there is no need to change the current zoning to one which will allow developments which are not in keeping with the neighbourhood;
· increased traffic is a concern; suggest that the parking requirements be reduced.
The following spoke in support of the application:
Ian MacPhail
Stuart Bonner.
Comments provided by the foregoing speakers included the following:
· the Jericho Tennis Club has always regarded the community as having right-of-way down the driveway to obtain access to the waterfront;
· the increased bubble height is essential to this application, and will provide the same level of playing facility as it offered by other clubs in the city;
· increased bubble height will affect a very small number of people in the neighbourhood, the impact of which will be less significant as the area redevelops and house heights increase, which will actually impact views more than the bubbles;
· additional four feet in height along the sidelines of the bubbles will provide a significant improvement in tennis play.
During the hearing of the public, Mr. Thomsett and Larry Beasley, Director of Current Planning, responded to questions concerning floor space ratio and public access to the waterfront.
Staff Closing Comments
Mr. Thomsett responded to questions, and noted the proposed rezoning to CD-1 would provide clarity about the future of the site and any future changes to the CD-1 bylaw for this site would require approval by Council at a Public Hearing.
Council Decision
MOVED by Councillor Ladner
THAT the application by Greg Borowski, Merrick Architecture, to rezone 3837 Point Grey Road (Parcel A, DL 448, 538 & 6882, Plan LMP 35211) from RT-2 to CD-1, to confirm an existing tennis club complex with minor additions and higher tennis bubbles, generally as set out in Appendix A of the Policy Report dated February 10, 2004 entitled "CD-1 Rezoning- 3837 Point Grey Road- Jericho Tennis Club" be approved subject to the following conditions:
(a) That the proposed form of development be approved by Council in principle, generally as permitted by development permit numbers DE402280 and DE406291, and drawings prepared by Greg Borowski, Architect, and stamped "Received City Planning Department", August 6, 2003, provided that the Director of Planning 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, who shall have particular regard to the following:
(i) design development to provide detailed plans, sections and elevations for the propose tennis bubbles and storage area, locker room expansion and terrace enclosures.
Note to applicant: colour options for the tennis bubbles should be provided.
(ii) design development to provide a detailed landscape plan, showing any changes to existing site conditions, including treatment of the berm over the proposed bubble storage area.
(c) That the re-issuance of development permit No. DE407105 for the tennis court lighting which expires on September 30, 2004 be at the discretion of the Director of Planning who will take into account the affects on the nearby residents and will determine whether further temporary time periods, or permanent approval, is appropriate.
(d) That, prior to enactment of the CD-1 By-law, the registered owner shall:
(i) provide clarification of charges on title. A summary of charges should be provided.
(ii) make arrangements to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services for provision of curb, gutter, pavement to the centre line and street trees on Point Grey Road adjacent the site.
(iii) make arrangements to the satisfaction of the General Manager of Engineering Services for undergrounding of any new hydro, telephone or cable services required for this rezoning.
CARRIED
(Councillor Louis and the Mayor opposed)
5. Rezoning: 950 Quebec Street
An application by John Perkins Jr., Architect, was considered as follows:
Summary: |
To rezone to permit a 167-unit, 22-storey residential building. The Noise Control By-law will also be amended at time of enactment. |
The Director of Current Planning recommended approval subject to conditions as set out in the agenda before Council this evening.
Also before Council was a Memorandum, dated March 11, 2004, from the Director of Current Planning, recommending an additional condition of approval that a Community Amenity Contribution be provided.
Staff Opening Comments
Brent Elliott, Planner, Major Projects Group, was present to respond to questions.
Applicant Comments
Eric Martin, Nat Bosa, and Greg Donaldson, representing the applicant, were present to respond to questions.
Summary of Correspondence
Two letters commenting on the application were received since the date it was referred to Public Hearing.
Speakers
The Mayor called for speakers for and against the application.
Frank Shorrock expressed concern with regard to the proposed rear lane access for existing developments which front onto Main Street, noting he currently has adequate access from Main Street which he would like to retain.
Travis Cutler, President, Vancouver Skatepark Coalition, spoke regarding the status of the future skateboard park, and expressed concern that it not be lost through development of this site.
Staff Closing Comments
Larry Beasley, Director of Current Planning, responded to questions regarding lane access and the proposed skateboard park.
Council Decision
MOVED by Councillor Louis
A. THAT the application by John Perkins Jr., Architect, to rezone 950 Quebec Street (Lots 19, 20 and 21, District Lot 2037, Plan 5568, all of Group 1, New Westminster District) from M-1 to CD-1 to permit a 167 unit multiple dwelling with total density of 3.8 Floor Space Ratio, generally as set out in Appendix A of the Policy Report dated February 10, 2004 entitled "CD-1 Rezoning - 950 Quebec Street/939 Main 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 Perkins and Company Architecture and Urban Design Inc., and stamped "Received City Planning Department", June 6, 2003, provided that the Director of Planning may allow 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, who shall have particular regard to the following:
i. design development to provide townhouses along Milross Avenue, Quebec Street and Prior Street;
Note to Applicant: options to consider could be 3-storey townhouses or 2-storey townhouses with apartments above;
ii. design development to improve the buildings privacy and livability;
Note to Applicant: aspects to review include, among other things: the dwelling units at the bottom two levels of the tower's northerly interior corner; ensuring that the dwellings on Milross Avenue, Quebec Streets and Prior Street are approximately 1.0 m above grade with patios and stepped landscaping similar to Downtown South Guidelines; introducing natural light into the corridor of the lower built form facing Milross Avenue; providing a direct connection between the semi-private open space at the corner of Quebec Street and Milross Avenue and the tower lobby and amenity area; and simplifying the corridor connection between the tower lobby and the lower built form along Milross Avenue;
iii. design development to overall building character of the lower built forms;
Note to Applicant: aspects to review include, among other things: the corner at Quebec and Prior Streets should be emphasized; the Milross Avenue elevation should present a stronger townhouse street rhythm; the lane elevations should present a stronger character as viewed from Main Street with more overlook onto the lane and the corner emphasized; and the Prior Street elevation should present a stronger townhouse street rhythm and integrated with the higher 5-storey portion with visual improvements to the roofscape;
iv. design development to provide all bicycle storage on the P-1 level of the parkade.
v. design development to clearly identify the location of recycling storage and pick-up, and which location considers City Engineering standards (Solid Waste Division)
vi. design development to the overall landscape plan by:
a. integrating new street trees into the curbside parking along Prior Street
b. providing one additional street tree in the curb bulge at the corner of Milross Avenue, and;
c. providing one additional street tree along Quebec Street (adjacent to the Public Plaza)
Note to Applicant: aspects to review include, among other things: providing a place, or places, to overlook the lane from the interior semi-private open space to improve security; and provide a children's play area;
vii. design development to take into consideration the principles of CPTED (Crime Prevention Through Environmental Design) having particular regard for:
a. reducing opportunities for theft in the underground parking areas; specifically through locating exit doors to underground parking where they can be watched by residents;
b. reducing opportunities for break and enter to ground level units specifically through the provision of individual entrances to ground level units on Prior Street, and;
c. reducing opportunities for mischief, specifically through increasing surveillance to the public and semi-public areas; and
d. reducing opportunities for skateboarding and vandalism such as graffiti.
viii. The Noise Control by-law requires amendment at the time of enactment of the by-law to include this CD-1.
Note to Applicant: An Acoustical Consultant's report shall be required which assess noise impacts on the site and recommends noise-mitigating measures.
c) That, prior to enactment of the CD-1 By-law, the registered owner shall make arrangements to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services which:
i. clarify all charges registered in the Land Title Office against title to the lands (a charge summary, including copies of all charges, must be provided) and include the modification, extension or release of any charges deemed necessary by the Director of Legal Services;
ii. consolidate the lots on this site;
iii. register a compatible subdivision plan;
iv. in accordance with City Council's requirements and Section 571 (B) of the Vancouver Charter provides that no rezoning of the site be enacted until an approved remediation plan for the site has been accepted or a Certificate of Compliance or Conditional Certificate of Compliance has been issued by the Provincial Ministry of Water, Lands, and Air Protection. The City may also require that a Soils Agreement (Covenant) satisfactory to the Director of Legal Services be registered on title to the site which may include among other requirements a hold on occupancy of any building on the site until a Certificate of Compliance or Conditional Certificate of Compliance has been received;
v. dedicate a 20 ft wide (6.1 m) lane at the easterly limits of the parcel;
Note to applicant: the plans do not reflect this requirement, clarification is required;
vi. include entering into a Services Agreement to secure the design and construction of all required on-site and off-site works which includes, but is not limited to:
a. the lane, including drainage and lighting thereof;
b. public realm improvements to Prior Street (both sides extending from Quebec Street to Main Street), Quebec Street and Milross Avenue adjacent to the site, including curb, gutter, drainage, special sidewalk, pavement, street trees, landscaping, street lighting and relocation of all affected utilities. The design is to consider pedestrian desire lines, bikeway and bike lane connections and future street car operations;
c. landscaping at the south end of the triangular portion of street bounded by Expo Boulevard, Union Street, Quebec Street, to provide screening of the proposed skateboard park;
Note to applicant: The proposed lane design should be consistent with the new standards for downtown lane designs which include driveway crossings at the entries from Prior Street and Milross Avenue. If the proposed sidewalk on the western side of the lane is to be on private property then we will require a Statutory Right of Way over same. The Prior Street design will need modification to include items listed above and the accommodation of the proposed streetcar alignment on Prior Street. The submission drawings should reflect the proposed alignment of the street car.
Note to applicant: A design process similar to that undertaken on Pacific Boulevard between Burrard and Cambie bridges is expected to be undertaken on Pacific and Expo boulevards between Quebec Street and the Cambie Bridge. The public realm design must include flexibility to address any design criteria that may flow from the design review and which can reasonably be incorporated into the final public realm design prior to construction of the street works. Finalizing this requirement may identify further servicing issues such as provision of new or improvements to, existing storm sewers or other affected utilities.
vii. include entering into a bridge proximity agreement; and
viii. provide for the undergrounding of all new B.C. Hydro and Telus services from the closest existing suitable service point.
ix. a Community Amenity Contribution (CAC) be provided to the City in the amount of $945,652.
Where the Director of Legal Services deems appropriate, the preceding agreements are to be drawn, not only as personal covenants of the property owner, but also as Covenants pursuant to section 219 of the Land Title Act.
The facilities to be provided including the Services and site remediation, may, in the discretion of the General Manager of Engineering Services and Director of Legal Services be constructed in phases, in accordance with phasing plans satisfactory to the aforesaid officials, and respective Agreements will provide for security and occupancy restrictions appropriate to such phasing.
The preceding agreements are to be registered in the appropriate Land Title Office, with priority over such other liens, charges and encumbrances affecting the subject site as is considered advisable by the Director of Legal Services, and otherwise to the satisfaction of the Director of Legal Services prior to enactment of the bylaw; provided however the Director of Legal Services may, in her sole discretion and on terms she considers advisable, accept tendering of the preceding agreements for registration in the appropriate Land Title Office, to the satisfaction of the Director of Legal Services, prior to enactment of the bylaw.
The preceding agreements shall provide security to the City including indemnities, warranties, equitable charges, letters of credit and withholding of permits, as deemed necessary by and in a form satisfactory to the Director of Legal Services. The timing of all required payments, if any, shall be determined by the appropriate City official having responsibility for each particular agreement, who may consult other City officials and City Council.
The following is not a condition of rezoning or subdivision but should be forwarded to the applicant for their attention, including:
i. please note if the General Manager of Fire and Rescue Services requires a fire hydrant(s) midblock on either Milross Avenue or Prior Street to provide adequate fire protection for the development, that there is no current water service in either street and therefore the connection for the hydrant(s) would be lengthy; and
ii. please note that clarification is sought of the applicant's intentions to reconcile the public realm improvements for Prior Street from the lane north to Main Street with the existence of the hydro pole line.
The following should be forwarded to the applicant to be addressed at the development permit stage.
i. Bicycle storage is to be provided on the P-1 level of the parkade.
ii. Recycling storage and pick up locations are to be clearly noted and should consider the emerging standards for recycling per Engineering, Solid Waste Division requirements.
B. THAT, subject to approval of the rezoning at a Public Hearing, the Noise Control By-law be amended to include this Comprehensive Development District in Schedule A, generally as set out in the Policy Report dated February 10, 2004, entitled "CD-1 Rezoning - 950 Quebec Street/939 Main Street".
CARRIED UNANIMOUSLY
RISE FROM COMMITTEE OF THE WHOLE
MOVED by Councillor Woodsworth
THAT the Committee of the Whole rise and report.
CARRIED UNANIMOUSLY
ADOPT REPORT OF COMMITTEE OF THE WHOLE
MOVED by Councillor Bass
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 9:15 p.m.
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