Vancouver City Council |
CITY OF VANCOUVER
SPECIAL COUNCIL MEETING MINUTES
JUNE 22,2004
A Special Meeting of the Council of the City of Vancouver was held on Tuesday, June 22, 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, Sign and Heritage By-laws and Official Development Plans.
PRESENT:
Mayor Larry Campbell
*Councillor Fred Bass
Councillor David Cadman
Councillor Jim Green
Councillor Raymond Louie
Councillor Tim Louis
Councillor Anne Roberts
Councillor Tim Stevenson
*Councillor Sam Sullivan
Councillor Ellen WoodsworthABSENT:
Councillor Peter Ladner (Leave of Absence on Civic Business)
CITY CLERK'S OFFICE:
Denise Salmon, Meeting Coordinator
*Denotes absence for a portion of the meeting.
COMMITTEE OF THE WHOLE
MOVED by Councillor Louis
SECONDED by Councillor Louie
THAT this Council resolve itself into Committee of the Whole, Mayor Campbell in the Chair, to consider proposed amendments to the Zoning and Development, Sign and Heritage By-laws and Official Development Plans.
CARRIED UNANIMOUSLY
(Councillors Bass and Sullivan absent for the vote)
1. HRA/HERITAGE DESIGNATION: 2036 West 15th Avenue
An application by Al Diamond, Architect was considered as follows:
Summary: |
Heritage Revitalization Agreement and designation to restore house and permit infill in rear yard. |
The Director of Current Planning recommended approval.
Staff Comments
Jeannette Hlavach, Heritage Planner, Heritage Group, was present to respond to questions.
Applicant Comments
Al Diamond, Architect, and Dianne Bull, owner were present to respond to questions.
Summary of Correspondence
Council received no correspondence on this item.
Speakers
The Mayor 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 2036 West 15th Avenue to:
- secure the protection and ongoing maintenance and replication of this "B" category building on the Vancouver Heritage Register;
- vary the RT-8 District Schedule of the Zoning and Development By-Law as described in Development Application No. DE408226, to permanently increase the maximum floor space ratio from 0.75 to 0.91, and to make this non-conformity lawful; and,
- vary the Zoning and Development By-law to permit the construction and replacement of an infill one-family dwelling as a second principal building.
B. THAT Council designate, by bylaw, the building at 2036 West 15th Avenue as protected heritage property.
C. THAT the Director of Legal Services bring forth the bylaws to authorize the Heritage Revitalization Agreement and to designate the building.
CARRIED UNANIMOUSLY
(Councillors Bass and Sullivan absent for the vote)
2. TEXT AMENDMENTS: Zoning & Development By-law, CD-1s & Official Development Plans
An application by Director of Current Planning was considered as follows:
Summary: |
Miscellaneous text amendments to the Zoning & Development By-law, CD-1 By-laws, and Official Development Plans to provide clarity regarding existing regulations. |
The Director of Current Planning recommended approval.
Staff Comments
Rob Jenkins, Assistant Director, Current Planning, Initiatives Branch, was present to respond to questions.
Summary of Correspondence
Council received no correspondence on this item since referral to Public Hearing.
Speakers
The Mayor called for speakers for and against the application and none were present.
Council Decision
MOVED by Councillor Louis
THAT the application by the Director of Current Planning to amend the Zoning & Development By-law, CD-1 By-laws and Official Development Plans generally as set out in Appendix A of the Policy Report "Miscellaneous Text Amendments: Zoning and Development By-law, CD-1 By-laws, Official Development Plans and Policies and Guidelines" dated April 21, 2004 be approved.
CARRIED UNANIMOUSLY
(Councillors Bass and Sullivan absent for the vote)
3. REZONING: 33 West Pender Street
An application by Acton Ostry Architects Inc. was considered as follows:
Summary: |
To permit nine-storey residential building with retail uses at grade. |
The Director of Current Planning recommended approval, subject to conditions as set out in the agenda for the Public Hearing.
Staff Opening Comments
Abigail Riley, Rezoning Centre, provided Council with an overview of the application, and referenced a yellow memorandum dated June 9, 2004, from the Director of Current Planning, wherein a revised condition for Heritage Density Transfer was recommended as follows:
(c) That, prior to enactment of the CD-1 By-law, the registered owner shall at no cost to the City:
(2) Make arrangements to the satisfaction of the Director of Current Planning and Director of Legal Services for the purchase and transfer of heritage density to 33 West Pender Street in the value of $607,332. Letters in the City's standard format (i.e., Letters A and B) are to be completed by both the owner of the "donor" site and the owner of the "receiver" site and submitted to the City, and receipt(s) of heritage density purchase, including the amount, sale price, and total cost of the heritage density, are to be submitted to the City.
Also before Council for consideration were alternatives to those previously discussed regarding heritage density transfer. The first condition would enable a contribution, equalling the value of the transferable heritage density (i.e., $607,332), to the City's Affordable Housing Fund, and the second condition would split this contribution amount equally (i.e., $303,666) between the Affordable Housing Fund and the purchase and transfer of heritage density.
Option 1 (c) That, prior to enactment of the CD-1 By-law, the registered owner shall at no cost to the City:
(2) Make arrangements to the satisfaction of the Director of the Housing Centre and Director of Legal Services for a Community Amenity Contribution (CAC) to be provided to the City in the amount of $607,332 to be invested in SRO housing replacement and/or upgrade in the Downtown Eastside (including Gastown and Chinatown).
OR
Option 2 (c) That, prior to enactment of the CD-1 By-law, the registered owner shall at no cost to the City:
(2) Make arrangements to the satisfaction of the Director of Housing Centre, Director of Current Planning, and Director of Legal Services for:
(i) a Community Amenity Contribution (CAC) to be provided to the City in the amount of $303,666 to be invested in SRO housing replacement and/or upgrade in the Downtown Eastside (including Gastown and Chinatown); and
(ii) the purchase and transfer of heritage density to 33 West Pender Street in the value of $303,666. Letters in the City's standard format (i.e., Letters A and B) are to be completed by both the owner of the "donor" site and the owner of the "receiver" site and submitted to the City, and receipt(s) of heritage density purchase, including the amount, sale price, and total cost of the heritage density, are to be submitted to the City.
Ms. Riley also responded to questions from Council regarding additional recommendations put forward by the Chinatown Historic Area Planning Committee ("CHAPC") in their letter dated June 8, 2004. Larry Beasley, Director of Current Planning, and Cameron Gray, Director of the Housing Centre, provided additional information pertaining to CHAPC's correspondence and, at Council's request, provided direction on which option would provide the maximum dollars for social housing.
Applicant Comments
Robert Wilson, owner, and Mark Ostry, Acton Ostry Architects Inc., were present to respond to questions.
Summary of Correspondence
Council received four items of correspondence in general support of the application since referral to Public Hearing.
Speakers
The Mayor called for speakers for and against the application and none were present.
Council Decision
MOVED by Councillor Green
THAT Option 1 as contained in the yellow memorandum dated June 9, 2004, from the Director of Current Planning, be substituted for(c) (2) in staff's recommended revised Condition for Heritage Density Transfer, to read as follows:
(c) That, prior to enactment of the CD-1 By-law, the registered owner shall at no cost to the City:
(2) Make arrangements to the satisfaction of the Director of the Housing Centre and Director of Legal Services for a Community Amenity Contribution (CAC) to be provided to the City in the amount of $607,332 to be invested in SRO housing replacement and/or upgrade in the Downtown Eastside (including Gastown and Chinatown).
CARRIED UNANIMOUSLY
MOVED by Councillor Sullivan
A. THAT the application by Acton Ostry Architects Inc. to rezone 33 West Pender Street (Lots 32, 33 and 34, Block 29, DL 541, Plan 210) from Downtown District (DD) to CD-1 Comprehensive Development, to permit the development of a 9-storey building, with 57 market dwelling units and four commercial units, generally as outlined in Appendix A of the Policy report dated May 4, 2004 entitled "CD-1 Rezoning - 33 West Pender Street" be approved, subject to the following conditions:
FORM OF DEVELOPMENT
(a) That the proposed form of development be approved by Council in principle, generally as prepared by Acton Ostry Architects Inc. and stamped "Received City Planning Department", February 24, 2004, 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:
Design Development:
(1) design development to reduce the massing, and achieve a building scale more consistent with prevailing neighbourhood characteristics by increasing the building setback between gridlines 1 and 3, for floors 8 and 9, to a depth in the order of 4 metres;
(2) design development to better reflect prevailing building widths, and varying fenestration patterns, by more clearly differentiating the facade characteristics of gridlines 1 to 3 from the facade characteristics of gridlines 3 to 6 for both the South (Pender Street) and North (Lane) elevations;
Note to applicant: A more distinctive difference between the two facade components including varying glazing patterning, balcony expression, cornice/parapet detailing and colour should be considered. These distinctive components should also be reflected in the overall massing.
(3) design development to the side elevations to refine articulation, and the related use of materials, as a strategy for reducing perceived massing and improving building scale while ensuring visual interest;
(4) design development to confirm weather protection, storefront/display, entry, lighting and signage systems in conjunction with requirements outlined under condition (2) above. A contemporary interpretation of historical qualities for these systems should be considered;
(5) design development to clarify private open space provisions, including privacy screening between units, while increasing the size of common open space located on the rooftop;
Note to applicant: Relocation of common open space closer to the rooftop edge should be considered. Careful attention should be given to the location, height, and detailing for architectural appurtenances, and related landscape features, to minimize the visual impact as seen from Pender Street.
(6) design development to landscape systems to ensure longevity, and intended architectural quality, given the challenging lane environment and lack of solar exposure;
(7) confirmation of individual suite ventilation measures to ensure adequate fresh air supply and movement when occupants close their windows to limit noise from the street;
Landscape:
(8) design development to improve the quality of the public realm by providing a public bench, new trash receptacle, or other new street furniture;
(9) provision at the development permit stage of a full Landscape Plan (for the front, sides, and rear yards), illustrating proposed plant materials (common and botanical names), including sizes and quantities, paving, walls, fences, light fixtures, and other landscape elements. [The Landscape Plan should be at 1:10 (1/8" = 1'-0") minimum scale];
(10) provision at the development permit stage of detailed large scale (1:50 or 1/4") sections showing the planting depths for the proposed roof decks, including the proposed second floor green roof;
Note to applicant: In order to ensure the long term survival of the proposed roof deck trees, the planting depths should be increased from 600 mm to 900 mm;
Crime Prevention Through Environmental Design (CPTED):
(11) design development to take into consideration the principles of CPTED having particular regard to reduce opportunities for:
(i) theft in the underground;
(ii) mischief in the alcoves through setting back the ground floor 2 feet off the lane, and the alcoves on the street should be reduced; and
(iii) mail theft through reconfiguring mail room to be fully visible to the residential elevators;
Acoustics:
(12) design development to mitigate noise impacts on this site;
Note to Applicant: The CD-1 By-law has a provision that requires that development permit applications require 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 do not exceed the noise levels set out in the By-law.
Further Note: The CD-1 By-law states 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.
Engineering Services:
(13) design development to delete the high level canopies;
Note to Applicant: Engineering Services does not support the canopies at the building's 9th storey, as they deem them to be of no public benefit.
(14) parking and loading for the new development to be provided as per the Vancouver Parking By-law, including relaxation exemption, and shared use provisions contained in the Parking By-law, except that parking shall be as per the "Downtown Core Residential" standard of:
(i) for dwelling units less than 44 m² of gross floor area, a minimum of 0.3 space per dwelling unit, and a maximum of 0.5 space per dwelling unit shall be provided;
(ii) for dwelling units of 44 m² of gross floor area up to or equal to 70 m² gross floor area, a minimum of 0.3 space per dwelling unit and a maximum of 0.5 space per dwelling unit shall be provided, with an increase at a rate of 0.025 space per square metre above 44 m² gross floor area; and
(iii) for dwelling units exceeding 70 m² gross floor area, a minimum of 0.95 space per dwelling unit and a maximum of 1.15 space per dwelling unit shall be provided, with an increase at a rate of 0.008 space per square metre above 70 m² gross floor area;
except that in no case will more than 2.0 parking spaces per dwelling unit be required or more than 2.2 spaces per dwelling unit be permitted;
(15) the minimum parking requirement may be reduced by 3 spaces for each co-operative vehicle and parking space provided to the satisfaction of the General Manager of Engineering Services in consultation with the Director of Planning, to a limit of one co-op vehicle per 60 dwelling units.
AGREEMENTS
(c) That, prior to enactment of the CD-1 By-law, the registered owner shall at no cost to the City:
Engineering Services:
(1) Make arrangements to the satisfaction of the General Manager of Engineering Services and on terms and conditions satisfactory to the Director of Legal Services for:
(i) clarification of the charge(s) shown on title (a charge summary should be provided);
(ii) provision of Victory Square precinct/greenway sidewalk and public realm treatments adjacent to the site; and
(iii) undergrounding of all new BC Hydro and Telus services to the site from the closest existing suitable service point.
Heritage Density Transfer:
(2) Make arrangements to the satisfaction of the Director of the Housing Centre and Director of Legal Services for a Community Amenity Contribution (CAC) to be provided to the City in the amount of $607,332 to be invested in SRO housing replacement and/or upgrade in the Downtown Eastside (including Gastown and Chinatown).
B. THAT the application by Acton Ostry Architects to amend the Sign By-law to establish regulations for the CD-1 site in accordance with Schedule E (assigned Schedule B (DD) be approved.
C. THAT, subject to approval of the rezoning at Public Hearing, the Noise Control By-law be amended at time of enactment to include this CD-1 in Schedule A.
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 Louie
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 7:42 p.m.
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