These Minutes will be adopted at the Regular Council meeting on October 19, 2004.
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CITY OF VANCOUVER SPECIAL COUNCIL MEETING MINUTES JULY 22, SEPTEMBER 28, AND OCTOBER 5, 2004 |
A Special Meeting of the Council of the City of Vancouver was held on Thursday, July 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, Heritage, and Sign By-laws and to enter into Heritage Revitalization Agreements. Subsequently, the meeting was recessed, and reconvened in the Council Chamber at 7:30 p.m. on Tuesday, September 28, 2004, and at 7:30 p.m. on Tuesday, October 5, 2004. The Minutes have been consolidated for ease of reference.
JULY 22, 2004: PRESENT: |
Mayor Larry Campbell
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ABSENT: |
Councillor David Cadman (Leave of Absence - Civic Business - Items 1 - 4)
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CITY CLERK'S OFFICE: |
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SEPTEMBER 28, 2004: 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: |
Tina Hildebrandt, Meeting Coordinator
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OCTOBER 5, 2004: PRESENT: |
Acting Mayor Anne Roberts
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ABSENT: |
Mayor Larry Campbell (Leave of Absence - Civic Business)
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CITY CLERK'S OFFICE: |
Tina Hildebrandt, Meeting Coordinator
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COMMITTEE OF THE WHOLE
MOVED by Councillor Louis
SECONDED by Councillor Roberts
THAT this Council resolve itself into Committee of the Whole, Mayor Campbell in the Chair, to consider proposed amendments to the Zoning and Development, Heritage, and Sign By-laws and to enter into Heritage Revitalization Agreements.
CARRIED UNANIMOUSLY
(Councillors Cadman and Louie absent for the vote)
VARY ORDER OF AGENDA
MOVED by Councillor Green
SECONDED by Councillor Louie
THAT the Agenda be varied to consider Item 5 first.
CARRIED UNANIMOUSLY
(Councillors Cadman and Louie absent for the vote)
5. Rezoning: 2876 West 33rd Avenue
Art Cowie, Eikos Planning Inc., applicant, referred to Council's demanding week, and advised he was prepared to postpone consideration of his application to September, if Council so wished.
Council noted the number of speakers in attendance for the rezoning application and agreed to leave the application on the agenda for the evening of July 22, 2004.
1. Heritage Designation: 751-755 Keefer Street
An application by Mark Budgen, Deborah Miller, and Dara Culhane was considered as follows:
Summary: |
To designate the building as a protected heritage property through the Vancouver Heritage Foundation's Restore It program |
The Director of Current Planning recommended approval.
Staff Opening Comments
Hugh McLean, Planning Analyst, Heritage Group, was present to answer questions.
Applicant Comments
Mark Budgen, Deborah Miller and Dara Culhane, applicants, were present to answer questions.
Summary of Correspondence
There was no correspondence received on this application since the date the application was referred to Public Hearing.
Speakers
Mayor Campbell called for speakers for and against the application and none were present.
Council Decision
MOVED by Councillor Green
A. THAT Council approve the designation of 751-755 Keefer Street, listed on the Vancouver Heritage Register in the "B" category, as Protected Heritage Property.
B. THAT Council commend the building owners for designating their property on a voluntary basis and for participating in the Vancouver Heritage Foundation's Restore It program.
CARRIED UNANIMOUSLY
(Councillors Cadman and Louie absent for the vote)
2. Heritage Designation: 995 Bute Street
An application by Duncan Wilson and Rowly Johnson was considered as follows:
Summary: Heritage Revitalization Agreement and designation for exterior restoration and conversion of house to 4 units.
The Director of Current Planning recommended approval.
Staff Comments
Hugh McLean, Planning Analyst, Heritage Group, was present to answer questions.
Applicant Comments
Duncan Wilson and Rowly Johnson, applicants, were present to answer questions.
Summary of Correspondence
There was no correspondence received on this application since the date the application was referred to Public Hearing.
Speakers
Mayor Campbell called for speakers for and against the application and none were present.
Council Decision
MOVED by Councillor Sullivan
A. THAT Council authorize the City to enter into a Heritage Revitalization Agreement for the site at 995 Bute Street to secure the rehabilitation of the Rand House and to vary the RM-5B District Schedule of the Zoning and Development By-law to permit a floor space ratio increase from 1.0 (conditionally permitted 1.5) to 2.03; a site coverage increase from 50% to 72%; front, rear and side yards variance; and elimination of the building envelope requirement, as indicated under Development Application DE408214.
B. THAT the Rand House, listed in the "B" category on the Vancouver Heritage Register, be designated as Protected Heritage Property.
C. THAT Council instruct the Director of Legal Services to bring forward for enactment a by-law to authorize the Heritage Revitalization Agreement and a by-law to designate the heritage building.
CARRIED UNANIMOUSLY
(Councillors Cadman and Louie absent for the vote)
3. Heritage Designation: 3532-3540 West 5th Avenue
An application by Paul Phillips, Environmental Design Group, was considered as follows:
Summary: Heritage Revitalization Agreement and designation to restore house and cottage, convert house to 3 units and permit new duplex
The Director of Current Planning recommended approval.
Staff Comments
Hugh Mclean, Planning Analyst, Heritage Group, was present to answer questions.
Applicant Comments
Paul Phillips, Environmental Design Group, representing the applicant, was present to answer questions.
Summary of Correspondence
Council was advised the following correspondence was received since the date the application was referred to Public Hearing:
· 3 letters expressing concerns with the proposal.
Speakers
Mayor Campbell called for speakers for and against the application.
The following spoke expressing concerns with the application:
Joyce Maguire
Frank Berger
Heather Dunn
Concerns raised by the foregoing speakers included the following:
· The change to the natural habitat, including loss of trees, character, and privacy, if the application is approved as submitted;
· Expansion of the lane to 20 feet will create safety issues, particularly with potential impacts on Bayview School;
· There has been no alley on the site since the turn of the century and there is no need for a lane at all;
· Expansion of the lane will mean more cars along Dunbar Street and possible use of lane by parents of Bayview students;
· The proposal is too big a development on the site.
Applicant Closing Comments
Lorin Boeur, applicant, advised the heritage rehabilitation project has resulted in much additional time and effort with restorers, builders, and landscapers. When the family embarked on the project, they did not realize the costs and time involved. The proposed lane will be a dead-end country lane, with grass strips down the centre. The applicants can post `no through' signs at either end of the lane to deter traffic. They will also be responsible for removing bushes and building required fences.
Staff Closing Comments
Larry Beasley, Director of Current Planning, advised Council could approve the application and direct staff to discuss with the community and the school on the best way to resolve the traffic issues with the lane. In that way the heritage building would be saved. In response to a question, Mr. Beasley advised 10 feet of the lane was City property; the other 10 feet was the applicant's property.
Council Decision
MOVED by Councillor Roberts
A. THAT Council authorize the City to enter into a Heritage Revitalization Agreement for the site at 3532-3540 West 5th Avenue to:
· secure the rehabilitation of the Boeur Cottage and Boeur House; and,
· to vary the RT-7 District Schedule of the Zoning and Development By-law to permit an increase in the allowable floor space from the permitted 4,749 square feet to 6,957 square feet; to vary the number of units from 4 to 6; height, front and side yards variance; and second floor building depth, as indicated under Development Application DE408274.
B. THAT the Boeur Cottage, listed in the "B" category on the Vancouver Heritage Register, be designated as Protected Heritage Property.
C. THAT the Boeur House, listed in the "C" category on the Vancouver Heritage Register, be designated as Protected Heritage Property.
D. THAT Council instruct the Director of Legal Services to bring forward for enactment a by-law to authorize the Heritage Revitalization Agreement and by-laws to designate the two heritage buildings.
E. THAT Council instruct the Director of Legal Services to prepare a side agreement to ensure the timely restoration of the two heritage buildings. The nature of this agreement is to be to the satisfaction of the Director of Legal Services in consultation with the Director of Current Planning.
F. THAT Council direct staff to discuss with the community and Bayview School on the best way to manage traffic in the lane.
CARRIED
(Councillor Louis opposed)
(Councillors Cadman and Louie absent for the vote)
4. Rezoning: 1001 Denman Street
An application by the Spaxman Consulting Group was considered as follows:
Summary: The proposed rezoning from Multiple Dwelling District (RM-5B) and Commercial District (C-5) to Comprehensive Development District (CD-1) would permit the development of a five-storey mixed-use building.
The Director of Current Planning recommended approval, subject to the conditions set out in the agenda of the Public Hearing.
Staff Comments
Alan Duncan, Planner, described the application, noting the proposal will allow the development of a single integrated development with a more compatible form of development than if developed under the two current zonings on the site. He described mitigation features to control noise and odour, and noted the applicant has proposed a public art feature. Staff support the application.
Applicant Comments
Ray Spaxman, Spaxman Consulting Group, representing the applicant, and Russ Meiklejohn, Architect, described the proposed development. With the aid of a model, they pointed out the highlights of the mixed-use building, described the components of the design, and noted the proposed ground floor of retail is a compatible fit with the shops along Denman Street.
Summary of Correspondence
Council was advised the following correspondence was received since the date the application was referred to Public Hearing:
· 7 letters opposing the application.
Speakers
Mayor Campbell called for speakers for and against the application.
The following expressed concerns and/or spoke in opposition to the application:
Carol Reardon
Jeff Salmon
Steve Harris
Steve Lebel
Aaron Jasper, representing West End Residents Association
Sandra Michaels
Veronica Delorme
Comments provided by the foregoing speakers included the following:
· Concern the proposed development will be the forerunner of additional developments and change the character of Denman Street;
· Area residents do not want Denman Street to become another Robson Street; currently Denman is a neighbourhood street with neighbourhood character;
· The current Denman Street area has a low profile with a street frontage of one or two storeys; the proposal for a five-storey building will set an undesirable precedent for the street;
· The height of the proposed building will block out the view for a number of people;
· The lack of a setback will result in a narrow sidewalk, making it difficult for the many seniors who live in the area, as well as parents with young children in strollers;
· The proposed second floor restaurant will multiply the noise factor in the area;
· Concern with a potential loss of parking on the street and noise with delivery and garbage pick-up;
· A visioning process for Denman Street, and the entire West End, is needed before new developments are approved in the area; need to have a broader discussion;
· Concern whether the current type of retail will stay after new development is built.
Applicant Closing Comments
Ray Spaxman explained the owner of the building wanted to do something to improve Denman Street. The acoustic expert hired by the applicant has advised the proposed canopy will address noise concerns, but that there is already much ambient noise on Denman Street. The applicant can improve the interface of the rear yard to the residential area. The development will provide single narrow retail areas, which hopefully will allow existing retail to relocate back into the building.
Staff Closing Comments
Larry Beasley, Director of Current Planning, advised staff will be bringing the choice of a number of neighbourhood visioning initiatives, including the West End, to Council later in the year for a decision on which ones to proceed on first. Mr. Beasley noted, however, that a visioning process in a neighbourhood does not stop development from taking place in the area. The proposed development on the two sites allowed an opportunity to sculpt a building in a more neighbourly way. If the application is not approved, the applicant may develop the site under existing zoning at the same height. Issues with outdoor noise, and handling of garbage and delivery can be addressed through the development permit stage. Staff support the application and believe the concept is consistent with the nature of the street.
Council Decision
MOVED by Councillor Green
A. THAT the application by Spaxman Consulting Group, to rezone 1001-1015 Denman Street (North Half and South Half of Lot 1, East Half of Lot 2, Block 69, DL 185, Group 1, Plan 92, NWD; PID 009169601; 009205632; 009205632) from C-5 and RM-5B to CD-1, to permit a five-storey mixed-use building with two levels of commercial and three levels of residential above at an overall FSR of 1.96, generally as outlined in Appendix A of the Policy Report dated June 8, 2004 entitled "CD-1 Rezoning - 1001-1015 Denman 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 Spaxman Consulting Group, and stamped "Received City Planning Department February 11, 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 or Development Permit Board, who shall have particular regard to the following:
Design Development
(1) Design development to ensure livability between the residential and commercial components;
Note to applicant: Particular regard should be given to privacy, restaurant acoustical and odour impacts between the second floor restaurant use, both indoor and outdoor spaces, with residential uses within the proposal and nearby to the west. Additional measures will be required to mitigate against odour nuisance from the restaurant use for residents above and near the proposed restaurant.
(2) Design development to enhance the retail character by extending the retail frontage through the Denman/Nelson corner;
Note to applicant: The restaurant entry and stair should be relocated from the corner to another location along the Denman frontage.
(3) Design development to the Denman/Nelson corner to reflect its importance and enhance its presence as part of the proposed Parkway greenway along Nelson Street;
Note to applicant: Design development should consider elements that would contribute to the proposed Parkway greenway such as encouraging sidewalk café seating and retailing as well as public amenities such as benches, information kiosk or drinking fountain. Applicant should develop details of the public art opportunities in consultation with Office of Cultural Affairs and indicate them on the development permit drawings.
(4) Design development to the retail podium, materials and proportions of elements, to enhance its character as part of the Denman shopping street;
Note to applicant: The lane treatment appears severe and should be softened to the extent possible.
(5) Design development to enhance the tower's overall expression;
Note to applicant: This could be achieved through a more cohesive and simpler roof expression, especially at the rear, combined with a palette of high quality materials.
CPTED:
(6) Design development to take into consideration the principles of CPTED (Crime Prevention Through Environmental Design) having particular regard for reducing opportunities for:
- theft in the underground parking through the location of exit stairs from parking;
- mischief activity by relocating the hidden ground level exit at the residential lobby and by gating the loading area during non-business hours;
- residential break and enter through separation of exit stairs from the lobby in the underground; and
- graffiti through treatment of the blank wall on the lane.
Engineering Services:
(7) Parking, loading and bicycle spaces are to be provided as per C-5 standard for commercial uses and RM-5B standards for residential uses of the Vancouver Parking By-law. The relaxation and exemption provisions of the Vancouver Parking By-law shall apply.
Fire Department:
(8) Design development to ensure a maximum distance to the principal entrance doors of 15 m (49.2 ft.);
(9) Design development to provide standpipes for the building;
Note to applicant: Access is required from residential lobby to the rear internal access corridor of the commercial units on the ground floor or an alternate exit/access scheme to the satisfaction of the Fire Department;
(10) Design development to ensure a minimum of two separate remote exits are provided from the second floor restaurant and adequate exiting for the upper residential floors;
Note to applicant: A separate additional stair should be provided at the north-east corner of building and exiting should be reviewed with the Processing Centre for the third and fourth floor residential suites.
Acoustic:
(11) The Noise Control By-law requires amendment at the time of enactment of the By-law to include this CD-1;
(12) Design development to control noise primarily from the proposed restaurant use;
Note to applicant: An Acoustical Consultant's report shall be required which assesses noise impacts on the site and recommends noise mitigating measures that will demonstrate how restaurant noise and activity will be contained. In addition, the hours of use of outdoor areas of the restaurant use will be negotiated through the development permit.
AGREEMENTS
(c) That, prior to enactment of the CD-1 By-law, the following are addressed to the satisfaction of the General Manager of Engineering Services for the following:
(1) consolidation of all the lots involved;
(2) clarification of the charge shown on title; and
Note to applicant: A charge summary should be provided.
(3) undergrounding of all new Hydro and Telus services to the site from the closest existing suitable service point, including a review of any cabling that may be necessary to serve the development to determine impacts on the neighbourhood.
(d) That, if contamination is found on site as determined by the Ministry of Environment, the applicant enter into a soils remediation agreement with the City, to the satisfaction of the Manager, Environmental Protection Branch, prior to enactment.
Note to applicant: If no contamination is found on site, a "Determination" (issued by the Ministry of Environment) that this is not a contaminated site must be submitted to the City prior to receiving an Occupancy Permit.
B. 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
(Councillors Louis and Stevenson opposed)
(Councillors Cadman and Louie absent for the vote)
MOVED by Councillor Stevenson
THAT the Special Council reconvene in September to consider Item 5.
CARRIED
(Councillors Green and Sullivan opposed)
(Councillors Cadman and Louie absent for the vote)
RISE FROM COMMITTEE OF THE WHOLE
MOVED by Councillor Bass
THAT the Committee of the Whole rise and report.
CARRIED UNANIMOUSLY
(Councillors Cadman and Louie absent for the vote)
ADOPT REPORT OF COMMITTEE OF THE WHOLE
MOVED by Councillor Stevenson
SECONDED by Councillor Bass
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
(Councillors Cadman and Louie absent for the vote)
BY-LAWS
MOVED by Councillor Sullivan
SECONDED by Councillor Bass
THAT Council enact the by-laws listed on the agenda for this meeting as numbers 1 to 5 inclusive, and authorize the Mayor and City Clerk to sign and seal the enacted by-laws.
CARRIED UNANIMOUSLY
(Councillors Cadman and Louie absent for the vote)
1. A By-law to designate certain real property as protected heritage property (751-755 Keefer Street) (By-law No. 8906)
2. A By-law to authorize Council entering into a Heritage Revitalization Agreement with the Owner of Heritage Property (995 Bute Street) (By-law No. 8907)
3. A By-law to designate certain real property as protected heritage property (995 Bute Street) (By-law No. 8908)
4. A By-law to authorize Council entering into a Heritage Revitalization Agreement with the owner of Heritage Property (3532-3540 West 5th Avenue) (By-law No. 8909)
5. A By-law to designate certain real property as protected heritage property (3532-3540 West 5th Avenue) (By-law No. 8910)
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The Special Council recessed at 9:55 p.m. on July 22, 2004, and reconvened at 7:30 p.m. on September 28, 2004.
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COMMITTEE OF THE WHOLE
MOVED by Councillor Sullivan
SECONDED by Councillor Bass
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.
CARRIED UNANIMOUSLY
(Councillors Cadman, Louis and Stevenson absent for the vote)
5. Rezoning: 2876 West 33rd Avenue
An application by Art Cowie, Eikos Planning Inc., was considered as follows:
Summary: The proposed rezoning from One- Family Dwelling District (RS-5) to Comprehensive Development District (CD-1) would permit the development of a three-unit fee simple rowhouse project under the Neighbourhood Demonstration Program.
The Director of Current Planning recommended approval, subject to the conditions set out in the agenda of the Public Hearing.
Also before Council was a Memorandum dated August 20, 2004, from Rick Scobie, Approving Officer, clarifying the rowhouse tenure being advanced under the Neighbourhood Housing Demonstration Program, as distinct from other tenures that might accompany a rowhouse building form.
Staff Comments
Dave Thomsett, Senior Planner, Rezoning Group, described the application, noting that while this project does not fully meet the criteria required to support such a demonstration project, it will provide an example of an alternative housing form that can be viewed by participants of the Community Vision Program. He also provided an overview of the public consultation process and advised that staff support the current design concept; however, given the concerns expressed by residents in the RS-5 neighbourhood about this design concept, staff have put forward an alternative rezoning condition (b) for Council's consideration which would require that the project be redesigned under the RS-5 guidelines. In conclusion, he advised that staff recommend the application be approved in order that the concept of a fee simple rowhouse can be demonstrated in a part of the city where rowhouses do not exist.
Mr. Thomsett also drew attention to a typographic error in the CD-1 By-law, noting "section 4.3.2" should be amended to read "section 4.2".
Applicant Comments
Art Cowie, Eikos Planning Inc., Applicant, and Rick Balfour, Architect, with the aid of a visual presentation and models, provided an overview of the proposal. Mr. Cowie reviewed the building design, noting the intent is to create innovative housing for senior living (aging in place) and added that the two outer units would be designed to allow the addition of elevators if required. He explained the implications should this project be developed under the RS-5 guidelines and indicated the flat roof would be more preferable and provide the opportunity for a rooftop garden. Mr. Cowie advised that this site was chosen because it is in close proximity to a shopping area.
Summary of Correspondence
Council was advised the following correspondence was received since the date the application was referred to Public Hearing:
· Polling Cards: 10 in support of the application; 113 support the application only if the project is redesigned to follow RS-5 design guidelines; 266 oppose the application
· 15 letters in support
· 14 letters support the concept if the project is redesigned to follow all RS-5 design guidelines.
· 80 letters opposed; as well as a petition containing 410 signatures.
Speakers
Mayor Campbell called for speakers for and against the application.
The following expressed concerns and/or spoke in opposition to the application:
Edwin Chiu
Andrew Markus
Betty Pearson
Dr. Tony Pearson
Roy Forster
Bill & Angela Lowden
Hugh Claxton
Alison Marshall-Rath
Pat Kost
Gwen Bartnil
James Pearson
Ainslie Sadler
Al Borthwick
Margot Innes
Bruce Adams
Peter Phillips
Diane Borthwick
Leonard Klein
Jon Silbernagel
Elizabeth Kerhlaan
Ainslie Sadler for Marny Myttenar
David Pickell
Harry Chan
Yoly Campos
Allyson Brooke
John MacInnes
Lorna Blake
Ken Koo
Robert Hawkins
Elaine Stevens
Demetrios Fotiou
George Eckschmiedt
Michael Bird
Leslie Alexander
Elaine Stevens
Greg Ryan
Comments provided by the foregoing speakers included the following:
· two of the three criteria (affordability & neighbourhood support) have not been met;
· the City process, in particular, improper notice to residents and the need for more public consultation on a project of this magnitude;
· the community vision for this neighbourhood has not been completed yet;
· introducing this multi-unit experiment in MacKenzie Heights when there are more suitably zoned areas in the city;
· concern about the erosion of green space around the older homes that characterize the neighbourhood;
· approving this project would make a mockery of orderly planning with rules being flouted;
· this project does not demonstrate social responsibility;
· this project will set a precedent and creep down West 33rd Avenue - careful planning must be in place that is congruent to the neighbourhood;
· submitted a petition last week which shows overwhelming disapproval by the residents in this area - Council should take this into consideration;
· rowhousing is not a problem as long as it is in an appropriate neighbourhood;
· find this process very intimidating - keep this rezoning within the RS-5 guidelines;
· hope Council will honour its mandate and respect a neighbourhood's right to protect its identity;
· will only agree if the project will not change the heritage of MacKenzie Village;
· Council will be unable to turn down any future applications of this nature should it be approved;
· there is nothing innovative in this project that has to do with sustainability - nothing "green" about it;
· other developers have to jump through so many hoops with the guidelines
· in an emergency one can't climb down the side of the building nor is there any access to the roof.
The following spoke in favour of the application:
Charles Dobson
Patricia Bourque
Wilbert Bruegger
Bill Hooker
Rob Baxter
Brenda Norman (flyer distributed - on file)
Dan Fawcett
John Emard
Melissa Balfour
Isabel Minty
Dr. Edward Gibson
Kelly Edmison
Comments provided by the foregoing speakers included the following:
· the flat roof will make this the best building in the vicinity;
· zoning has to be responsive to the growth of the community;
· strongly believe the question tonight is do we want this neighbourhood to remain exclusive or do we want it to be more inclusive so young families can have the opportunity to live on the west side?;
· urge Council to support this well designed project which will encourage affordable housing, sustainability and better use of the land;
· the concept of "aging in place" is important because many people approaching their senior years are wondering where they will go when they sell their homes; this modest densification is the answer for aging in place and ideal for people with aging parents who want to live close by but independently;
· this proposal is more suitable from a sustainability standpoint because of the flat roof design - have talked to the developer about installing solar panels;
· this rowhouse project is in accord with the City Plan vision;
· with rising property values where do people think their children are going to live?
· we have to recognize that neighbourhoods change so lets be prepared to accept and embrace change - recognize that densification is an alternative for affordability;
· support this project because it will sustain families in a way the present market doesn't.
During the hearing of speakers, Mr. Thomsett, together with Larry Beasley, Director of Current Planning, and Rick Scobie, Approving Officer, responded to questions relating to this demonstration project, including design components, legal implications and the benefits to the city.
Applicant Closing Comments
Art Cowie reiterated the intended use of this proposal and noted he is striving to design these units in a similar manner to single-family dwellings in order to allow independence between the units. He also noted that there are many neighbours who support this proposal. Mr. Cowie added that if Council would like to see it built under the RS-5 guidelines he would do it as part of the demonstration project and do the best job possible. He added that the GVRD has indicated it would like to use this development as an example of a Housing Demonstration Project.
Staff Closing Comments
Dave Thomsett advised that the priority of CityPlan is to increase housing variety across the city, including single-family neighbourhoods, in order to allow a range of households to be accommodated. He noted the best places in single-family neighbourhoods to create housing variety are in transitional areas, and that this is a transitional area with an 8-unit condominium development next door and a local commercial district in the vicinity. He also reviewed Council policy on Housing Demonstration Projects and explained the rationale for staff's recommendations.
Council Decision
MOVED by Councillor Sullivan
A. THAT the application by Art Cowie, Eikos Planning Inc., to rezone 2876 West 33rd Avenue (Lot 2, Block 48, DL 2027, Plan 2283) from RS-5 to CD-1, to permit a three-unit fee simple rowhouse under the Neighbourhood Demonstration Program, generally as outlined in Appendix A of the Policy Report dated June 8, 2004, entitled "CD-1 Rezoning - 2876 West 33rd Avenue" be approved, subject to the following conditions:
(a) That the proposed form of development be approved by Council in principle, generally as prepared by Richard Balfour & Company, Architect, and stamped "Received Planning Department (Rezoning Centre)", June 1, 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 (c) 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) approval by the Subdivision Approving Officer and registration of a subdivision plan to create three parcels to fit the rowhouse proposal.
(ii) The top floor area to be reduced, so the expression of the top floor is of a half or partial storey.
(iii) Privacy and overlook issues related to the top floor to be carefully considered in relation to neighbouring conditions.
(iv) The front entries to have a raised porch expression and a greater sense of individual identity .
(v) Any projections into the sideyard must be a minimum eighteen inches above the finished floor and not impede pedestrian access in the sideyard.
Note to Applicant: Consider greater articulation of the wall surface of the side elevations.
(vi) The front yard to be treated in a manner consistent with the semi-public space of the immediate RS-5 context.
Note to Applicant: The wall, private patio and tall hedging along the property are not consistent with the prevailing pattern of front yard development. The front yard should be defined with soft landscaping, including permeable surface areas such as lawn or planting beds. Each dwelling should have a front walk leading directly from the public sidewalk to the front door.
(vii) Design development to the design of the exterior in terms of materials, window patterning and detailing to make more residential in character and scale.
(viii) provision of a certified arborist report to confirm the safe retention of all neighbouring trees bordering the east property line including the method of safe retention of the trees during construction.
(ix) provision of a full landscape plan.
(c) That, prior to enactment of the CD-1 By-law, the registered owner shall:
(i) achieve preliminary approval from the Subdivision Approving Officer for a subdivision to create three parcels to fit the rowhouse proposal and resolve all cross boundary issues that may arise, including provision of adequate storm, sanitary and water servicing.
(ii) make arrangements to the satisfaction of the Director of Planning and the Director of Legal Services for a legal agreement to prohibit registration of a strata plan on the site.
(iii) make arrangements to the satisfaction of the General Manager of Engineering Services for provision of street trees where space permits on 33rd Avenue.
(iv) make arrangements to the satisfaction of the General Manager of Engineering services for all electrical and telephone services to be undergrounded within and adjacent the site from the closest existing suitable service point, including a review of any overhead cabling that may be necessary to determine any impaction on the neighbourhood.
B. THAT the draft CD-1 By-law be amended to section 4.3 by correcting the figure "4.3.2" to read "4.2".
C. THAT, subject to approval of the rezoning at Public Hearing, the Subdivision By-law be amended to exclude the site from the minimum street frontage in the By-law.
LOST (Tie Vote)
(Councillors Green, Ladner and Louie opposed)
(Councillors Bass, Cadman, Louis, Stevenson and the Mayor absent for the vote)
RISE FROM COMMITTEE OF THE WHOLE
MOVED by Councillor Green
THAT the Committee of the Whole rise and report.
CARRIED UNANIMOUSLY
(Councillors Bass, Cadman, Louis, Stevenson and the Mayor absent for the vote)
ADOPT REPORT OF COMMITTEE OF THE WHOLE
MOVED by Councillor Woodsworth
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
(Councillors Bass, Cadman, Louis, Stevenson and the Mayor absent for the vote)
The Special Council recessed at 9:55 p.m. on July 22nd,
recessed at 10:03 p.m. on September 28th,
and adjourned at 10:32 p.m. on October 5, 2004.
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