A Regular Meeting of the Standing Committee of Council on Planning and Environment was held on Thursday, June 24, 2004, at 2:40 p.m., in the Council Chamber, Third Floor, City Hall.

*Denotes absence for a portion of the meeting.

 

ADOPTION OF MINUTES

The Minutes of the Standing Committee on Planning and Environment meeting of May 20, 2004, were adopted.

RECOMMENDATION

1. 1231 East 51st Avenue - Warning to Prospective Purchasers (File 2701)

The Committee had before it an Administrative Report dated May 28, 2004, in which the City Building Inspector recommended a 336D Notice be filed against the title to the property at 1231 East 51st Avenue to warn prospective purchasers that this building had been used twice as a marijuana grow operation and there are violations of City by-laws in relation to this unapproved use. The General Manager of Community Services recommended approval.

MOVED by the Mayor
THAT the Committee recommend to Council

THAT the City Clerk be directed to file a 336D Notice against the title to the property at 1231 East 51st Avenue, Amended Lot 21A, Block B, Plan 3329, District Lot 740, PID 012-972-959 in order to warn prospective purchasers that this building has been used as an illegal marijuana grow operation on two occasions and there are contraventions of the Vancouver Building and Electrical By-laws related to this unapproved use.

CARRIED UNANIMOUSLY
(Councillor Louis absent for the vote)

2. 757 East 60th Avenue - Warning to Prospective Purchasers (File 2701)

The Committee had before it an Administrative Report dated May 28, 2004, in which the City Building Inspector recommended a 336D Notice be filed against the title to the property at 757 East 60th Avenue in order to warn prospective purchasers that the building had been used twice as a marijuana grow operation and there are outstanding violations of City by-laws in relation to this unapproved use. The General Manager of Community Services recommended approval.

MOVED by the Mayor
THAT the Committee recommend to Council

THAT the City Clerk be directed to file a 336D Notice against the title to the property at 757 E 60th Avenue ( Lot 33, Block 1, Plan 1672, District Lot 326B, PID 008-220-913) in order to warn prospective purchasers that this building has been used as an illegal marijuana grow operation on two occasions and there are contraventions of the Vancouver Building and Electrical By-laws related to this unapproved use.

CARRIED UNANIMOUSLY
(Councillor Louis absent for the vote)

3. 323 East King Edward Avenue - Warning to Prospective Purchasers (File 2701)

The Committee had before it an Administrative Report dated May 28, 2004, in which the City Building Inspector recommended a 336D notice be filed against the title to the property at 323 East King Edward in order to warn prospective purchasers of contraventions of Zoning and Development and Vancouver Building By-laws in relation to this building. The General Manager of Community Services recommended approval.

MOVED by the Mayor
THAT the Committee recommend to Council

A. THAT the City Clerk be directed to file a 336D Notice against the title to the property at 323 East King Edward Avenue (The west Half of Lot 3, Block B, District Lot 301, Plan 5112, PID 008-576-327) in order to warn prospective purchasers that there are contraventions of the Zoning and Development and Vancouver Building By-laws related to this building.

B. THAT the Director of Legal Services is hereby authorized, in her discretion, to commence a legal action or proceeding in relation to the premises located at 323 East King Edward Avenue and may, in her discretion, seek injunctive relief in that action or proceeding, in order to bring this building into compliance with City By-laws.

CARRIED UNANIMOUSLY
(Councillor Louis absent for the vote)

4. Nuisance and Dangerous Building at 3835-37 Main Street (File 2701)

The Committee had before it an Administrative Report dated May 28, 2004, in which the City Building Inspector recommended Council declare the building at 3835-37 Main Street a nuisance and dangerous to public safety and order it demolished and a chain-link fence erected around the perimeter of the property. It was also recommended to authorise the Director of Legal Services to take legal actions at her discretion. The General Manager of Community Services recommended approval.

Peter Sweeney, Manager, Building Inspection, with the aid of photographs, reviewed the report and noted that staff recently had to board up the building and the department was still receiving complaints about the site.

David Stoller, lawyer, spoke on behalf of the owners, and expressed opposition to staff's recommendations. Mr. Stoller noted that the photographs shown do not accurately depict the fencing which is currently around the property. He further advised that the owners wish to complete the development permit process and either develop the site with a new building or renovate the existing one. They have engaged an architect and intend to submit plans within 30 days and request Council allow them a period of 120 days to complete this process. Mr. Stoller further noted that the owner visits the site twice a day and the building is not occupied.

Rose and Luigi Fabiano, owners, responded to questions and noted they have never observed squatters on the premises and the property is now more secure than what is depicted in the photographs shown by staff. They also expressed concern in regard to difficulties they experienced this week in contacting staff members on this matter.
Mr. Sweeney and Carlene Robbins, Manager, By-law Administration, responded to questions concerning the current condition of the building and the owners' concern in regard to contacting staff.

MOVED by Councillor Bass
THAT the Committee recommend to Council

A. THAT Council declare that the building at 3835-37 Main Street, Lot A, Block 4, District Lot 630, Plan BCP8509 PID 025-801-368 is a nuisance and dangerous to public safety pursuant to Section 324A of the Vancouver Charter.

B. THAT Council approve the Resolution attached to the Administrative Report dated May 28, 2004, entitled "Nuisance and Dangerous Building at 3835-37 Main Street" and order the property owner to pull down and demolish the building and to 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 that the owner fails to comply with this 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 owner 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 at 3835-37 Main 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.

E. THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the property at 3835-37 Main Street, in order to warn prospective purchasers that there are violations of the Vancouver Building, Electrical and Standards of Maintenance By-laws related to this property and that there is an order of Council against the property.

CARRIED UNANIMOUSLY

5. 6135 Macdonald - Proposed Heritage Revitalization Agreement (File 5051)

The Committee had before it an Administrative Report dated June 8, 2004, in which the Director of Current Planning, in consultation with the Subdivision Approving Officer, recommended approval of a Heritage Revitalization Agreement for the property at 6135 Macdonald Street to vary the Subdivision By-law and the Zoning and Development By-law to permit subdivision of the property to occur. The General Manager of Community Services recommended approval.

Jeannette Hlavach, Heritage Planner, responded to a question concerning the proposed side yard width.

MOVED by the Mayor
THAT the Committee recommend to Council

A. THAT Council authorize the Director of Legal Services to enter into a Heritage Revitalization Agreement for the property at 6135 Macdonald to:

- secure the protection and on-going maintenance of this "C" category Vancouver Heritage Register building and perimeter fence; and
- vary the Subdivision By-law to relax the minimum width from 60' to 54' for the proposed new lot to be subdivided from the existing parcel;
- vary the RS-5 District Schedule of the Zoning and Development By-law so that no non-conformities are created or exacerbated by the proposed subdivision; and
- require mandatory application of the RS-5 Design Guidelines, as well as front yard and driveway width requirements, in order to ensure neighbourhood compatibility of a new house on the proposed new lot. 

B. THAT the Director of Legal Services bring forth the by-law to authorize the Heritage Revitalization Agreement.

CARRIED UNANIMOUSLY
(Councillor Bass absent for the vote)

6. 11th Avenue Arbutus Greenway - Temporary Measures for Trial Period (File 5767)

The Committee had before it an Administrative Report dated May 20, 2004, in which the General Manager of Engineering Services, in consultation with the Director of City Plans, recommended approval of a temporary restriction of vehicles in the 2000 block of West 11th Avenue, with the exceptions of emergency service vehicles and specific local vehicles for the special purposes as may be required and as described in the report.

The Committee also had before it a memorandum dated June 22, 2004, from the City Clerk's Department advising of a resolution by the Bicycle Advisory Committee in support of the proposed measures and requesting that traffic overflows onto West 10th Avenue be monitored.

Chris Underwood, Engineer, Structures and Greenways, provided an overview of the report.

The following speakers spoke in support of the recommended temporary trial closure:

Marion Broadbent, Principal, Lord Tennyson Elementary School
Veronica Ross
Bill Raikes, Strata Council, The Maples
Lynn Sackville, Parent Advisory Council, Lord Tennyson
Bob Lunde
Mark Battersby
Lorraine Kluber
David Grigg
Zlatan Jankovic

Comments provided by the foregoing speakers are summarized below:

· consultative process was very inclusive and consensus was reached by all stakeholders involved;
· will provide a safer environment for the large portion of the students who walk to Lord Tennyson School;
· strongly support the closure; however also want the traffic monitored on adjacent streets during the trial;
· a lot of recent development in this area has been on the basis of the upcoming greenway, and also was an incentive for moving into the area;
· parking concerns raised by some stakeholders have been addressed by the City;
· this project will help provide neighbourhood cohesiveness and the pedestrian activated signal at 11th will aid in the crossing of Arbutus, which previously acted as a boundary;
· many of the residents of Blair Court are wheelchair dependent and will enjoy having direct access from their building to the greenway; and
· strongly support this first phase, and look forward to implementation of the second phase.

The following speakers expressed concerns with regard to the proposed temporary trial closure:

Lt-Col. Daniel Kuhn, 15th Field Artillery Regiment, Bessborough Armoury
Hugh Tangye, Bastion Developments
Todd Constant, Amazing Personal Training Studio Ltd.
Alex Zahara

Comments provided by the foregoing speakers are summarized below:

· Bessborough Armoury has far-ranging operational requirements which must be met by any traffic plan in the area; unfettered 24-hour access from the front of the building to the north side is mandatory;
· while the plan put forward today meets the minimum requirements, feel an adequate traffic study has not been done, and should be done before proceeding with the trial;
· Bastion Developments is opposed to the closure of 11th Avenue, both in the current capacity of our current commercial operation, and in terms of the future residential status of our building; this plan was never formalized and was not worked out with Bastion;
· would like to see some vehicular access maintained on 11th Avenue;
· concern expressed regarding loss of parking and separation of the front door of Jones Tent and Awning from a functioning street;
· a six month trial will not provide opportunities to address problems which arise in the interim;
· would prefer a one-way street rather than a full closure; and
· traffic patterns in the area are already very convoluted; this will simply add to the confusion and result in loss of parking, which is already at a premium for residents.

Mr. Underwood and Dave Rudberg, General Manager of Engineering Services, responded to questions in regard to concerns raised by the foregoing speakers.

MOVED by Councillor Louie
THAT the Committee recommend to Council

A. THAT Council approve the temporary restriction of vehicle traffic, with the exception of emergency service vehicles and specific local vehicles for special purposes as required, in the easterly portion of the 2000 block of 11th Avenue for a six month trial period; at an estimated cost of $10,000 to be provided from existing funding previously approved by Council for the completion of Arbutus West 11th Avenue Greenway.

B. THAT staff monitor traffic volumes and assess community support for a permanent greenway at this site during the trial and report back to Council with their findings.

CARRIED UNANIMOUSLY

7. 550 Pacific Street - Development Application DE408264 (File 2608)

This item was withdrawn from the agenda and will be rescheduled to a future meeting.

8. 1285 West Pender Street - Proposed Conversion of an Office Building to Residential Use (File 2608)

Vancouver City Council, at its meeting on June 22, 2004, referred this matter to a Standing Committee meeting in order to hear from a member of the public who had requested to speak.

Accordingly, the Committee had before it the Policy Report dated June 4, 2004, in which the Director of Current Planning recommended that Council advise the Development Permit Board that it supports the proposed conversion of the mixed-use building at 1285 West Pender Street to primarily residential use. The General Manager of Community Services recommended approval.

Michael Gordon, Senior Planner, Central Area Major Developments Group, reviewed the report and noted the building lends itself well to the proposed residential use given the stepped nature of the structure.

David Thom, Managing Director, IBI Group, spoke in opposition to the recommendation, and noted his company occupies the entire 7th floor of the building and wish to remain in their current location until the completion of their lease. Mr. Thom advised the building provides a very stimulating work environment, and expressed concern with regard to the trend of converting office space to residential in the downtown.

John Laxton (materials filed), Evergreen Building Ltd., spoke in support of staff's recommendation and noted there is a significant amount of office space available for lease in the downtown. He further advised that all of his other tenants are leaving because they can get cheaper accommodation in other buildings which has resulted in a difficult financial situation for the owners.

* * * * *

At this point in the proceedings, Councillor Roberts left the meeting on Civic Business, and Councillor Green, Vice-Chair, assumed the Chair.

* * * * *

Anita Leonoff spoke in opposition to the recommendation and noted that she was speaking on behalf of her 45 co-workers at IBI Group, all of whom enjoy working in the Evergreen Building and wish to remain. She noted that most of the employees arrive to work by alternative forms of transportation and feel safe in the area at all times of the day.

MOVED by the Mayor
THAT the Committee recommend to Council

THAT Council advise the Development Permit Board that it supports the proposed conversion of the office space in a building located at 1285 West Pender Street to residential use as proposed by the owner of the building, Evergreen Building Ltd., subject to conditions the Board may decide in considering approval.

CARRIED UNANIMOUSLY
(Councillors Bass and Roberts absent on Civic Business, Councillors Stevenson and Sullivan absent for the vote)

The Committee adjourned at 4:40 p.m.

* * * * *

A Regular Meeting of the Council of the City of Vancouver was held on Thursday, June 24, 2004, at 4:41 p.m., in the Council Chamber, Third Floor, City Hall, following the Standing Committee on Planning and Environment meeting, to consider the recommendations and actions of the Committee.

*Denotes absence for a portion of the meeting.


COMMITTEE OF THE WHOLE

MOVED by Councillor Cadman
SECONDED by Councillor Louie

THAT this Council resolve itself into Committee of the Whole, Mayor Campbell in the Chair.

CARRIED UNANIMOUSLY
(Councillor Sullivan absent for the vote)

COMMITTEE REPORTS

Report of Standing Committee on Planning and Environment
June 24, 2004

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

1. 1231 East 51st Avenue - Warning to Prospective Purchasers
2. 757 East 60th Avenue - Warning to Prospective Purchasers
3. 323 East King Edward Avenue - Warning to Prospective Purchasers
4. Nuisance and Dangerous Building at 3835-37 Main Street
5. 6135 Macdonald - Proposed Heritage Revitalization Agreement
6. 11th Avenue Arbutus Green - Temporary Measures for Trial Period
7. 550 Pacific Street, Development Application DE408264 - WITHDRAWN
8. 1285 West Pender Street - Proposed Conversion of an Office Building to Residential Use

MOVED by Councillor Cadman

THAT the recommendations and actions taken by the Standing Committee on Planning and Environment at its meeting of June 24, 2004, as contained in Items 1-8, be approved.

CARRIED UNANIMOUSLY
(Councillor Sullivan absent for the vote)

RISE FROM COMMITTEE OF THE WHOLE

MOVED by Councillor Cadman

THAT the Committee of the Whole rise and report.

CARRIED UNANIMOUSLY
(Councillor Sullivan absent for the vote)

ADOPT REPORT OF COMMITTEE OF THE WHOLE

MOVED by Councillor Cadman
SECONDED by Councillor Stevenson

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

CARRIED UNANIMOUSLY
(Councillor Sullivan absent for the vote)

MOTIONS

A. Administrative Motions

None.

B. Motions on Notice

1. City Support for University of British Columbia's Community-University Research Alliance (CURA) Project on Participatory Budgeting (File 8026)

At the Regular Council meeting of June 22, 2004, Councillor Louis submitted the following Notice of Motion which was recognized by the Chair:

amended

Councillor Louis requested Council's permission to revise the motion as laid out below:

MOVED by Councillor Louis
SECONDED by Councillor Woodsworth

WHEREAS, City of Vancouver Council on November 18, 2003 unanimously adopted a resolution in support of a University of British Columbia letter of intent to the Community-University Research Alliances (CURA) program of the Social Sciences and Humanities Research Council (SSHRC) to obtain 5-year funding for action research to explore the potential for implementing participatory budgeting processes in Canadian municipalities

AND WHEREAS, the Vancouver City Council resolution accepted an invitation to collaborate as a community partner in the research project should UBC's CURA proposal on participatory budgeting be successful;

AND WHEREAS, UBC's CURA research proposal on participatory budgeting has been successful at the letter of intent stage of the CURA grant approving process, and been granted an initial $20,000 to develop a full research funding proposal;

THEREFORE BE IT RESOLVED THAT, the Vancouver City Council re-affirms its support and commitment to participate in the UBC-Community research partnership on participatory budgeting, and that the City commits, where feasible, to:

a) collaborating with the research program by providing information on the City's budgeting processes and budget analysis, and
b) explore with the project's academic and community partners the design and implementation of an experimental participatory budgeting process in application to the City of Vancouver's capital or operating budgets, the specifics of which will be brought back to Council for approval.

CARRIED
(Councillor Ladner opposed)
(Councillor Sullivan absent for the vote)

ENQUIRIES AND OTHER MATTERS

1. Delamont Park (File 5051)

Councillor Green requested staff to follow up on a motion passed by the Vancouver Heritage Commission on June 7, 2004, concerning the Delamont Park Heritage Site.

2. Mole Hill Living Heritage Society (File 5053)

Councillor Green requested staff meet with the Mole Hill Living Heritage Society to discuss their issues regarding the lane and ways it can be better integrated into the development.

The Council adjourned at 4:50 p.m.

* * * * *

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