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REPORT TO COUNCIL STANDING COMMITTEE OF COUNCIL
DECEMBER 2,2004 |
A Regular Meeting of the Standing Committee of Council on Planning and Environment was held on Thursday, December 2, 2004, at 2:00 p.m., in Council Chamber, Third Floor, City Hall.
PRESENT: |
Councillor Anne Roberts, Chair
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ABSENT: |
Mayor Larry Campbell (Sick Leave)
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CITY MANAGER'S OFFICE: |
Judy Rogers, City Manager |
CITY CLERK'S OFFICE: |
Diane Clairmont, Meeting Coordinator |
* Denotes absence for a portion of the meeting.
ADOPTION OF MINUTES
The Minutes of the Standing Committee on Planning and Environment meeting of November 4, 2004, were adopted.
INFORMATION
1. Significant New Rezoning Application - 826 - 848 West Hastings Street (File 5308)
The Committee had before it a description of a Significant New Rezoning Application for 826 - 848 West Hastings Street, prepared by the Planning Department and presented for information only.
Phil Mondor, Rezoning Planner, provided an overview of the application and responded to questions relating to LEEDS, FSR, roof greening, and public art.
2. Significant New Rezoning Application - 1211 Melville Street (File 5306)
The Committee had before it a description of a Significant New Rezoning Application for 1211 Melville Street, prepared by the Planning Department and presented for information only.
Phil Mondor, Rezoning Planner, provided an overview of the application and responded to questions relating to the donor site for density, notification and signage process, proposed retail, and anticipated number of residents in the project.
RECOMMENDATION
3. 1979, 1981 and 1983 Trutch Street and also 3201 West 4th Avenue - Warning to Prospective Purchasers (File 2701)
The Committee had before it an Administrative Report dated September 28, 2004, in which the City Building Inspector recommended Council direct a 336D Notice be filed against the title to the property at 1979, 1981 and 1983 Trutch Street and 3201 West 4th Avenue, in order to warn prospective purchasers of by-law violations. The General Manager of Community Services recommended approval.
MOVED by Councillor Louis
THAT the Committee recommend to Council
A. THAT the City Clerk be directed to file a 336D Notice against the title to 1979, 1981 and 1983 Trutch Street and 3201 West 4th Avenue, Lot B of 7 Block 25 District Lot 540 Plan 6325, PID 010-275-959 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 1979, 1981 and 1983 Trutch Street and 3201 West 4th 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
4. 6988 Dumfries Street - Warning to Prospective Purchasers (File 2701)
The Committee had before it an Administrative Report dated November 2, 2004, in which the City Building Inspector recommended Council direct a 336D Notice be filed against the title to the property at 6988 Dumfries Street, in order to warn prospective purchasers of by-law violations. The General Manager of Community Services recommended approval.
MOVED by Councillor Louis
THAT the Committee recommend to Council
A. THAT the City Clerk be directed to file a 336D Notice against the title to 6988 Dumfries Street (Lot 12, Block 3, District Lot 737, Plan 2373) 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 6988 Dumfries Street 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
5. 6965 Fleming Street - Warning to Prospective Purchasers (File 2701)
The Committee had before it an Administrative Report dated October 28, 2004, in which the City Building Inspector recommended Council direct a 336D Notice be filed against the title to the property at 6965 Fleming Street, in order to warn prospective purchasers of by-law violations. The General Manager of Community Services recommended approval.
MOVED by Councillor Louis
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 6965 Fleming Street (Lot E, Block 3, District Lot 737 , Plan 8577) 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 6965 Fleming Street (Lot E, Block E, District Lot 737, Plan 8577) 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
6. 592 East 50th Avenue - Warning to Prospective Purchasers (File 2701)
The Committee had before it an Administrative Report dated October 28, 2004, in which the City Building Inspector recommended Council direct a 336D Notice be filed against the title to the property at 592 East 50th Avenue, in order to warn prospective purchasers of by-law violations. The General Manager of Community Services recommended approval.
Peter Sweeney, Manager, Building Inspections, reviewed the report.
MOVED by Councillor Louis
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 592 East 50th Avenue (Lot 28 Block 4-8 S Hlf, District Lot 650 , Plan 1755) 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 592 East 50th Avenue (Lot 28, Block 4-8 S Hlf, District Lot 650, Plan 1755) 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
7. 2039 East 35th Avenue - Warning to Prospective Purchasers (File 2701)
The Committee had before it an Administrative Report dated November 5, 2004, in which the City Building Inspector recommended Council direct a 336D Notice be filed against the title to the property at 2039 East 35th Avenue, in order to warn prospective purchasers of by-law violations. The General Manager of Community Services recommended approval.
MOVED by Councillor Louis
THAT the Committee recommend to Council
THAT the City Clerk be directed to file a 336D Notice against the title to 2039 East 35th Avenue (Lot 9 S Hlf Block 1 N Hlf, District Lot 394, Plan 1845) in order to warn prospective purchasers that there are contraventions of the Zoning and Development and Vancouver Building By-laws related to this building.
CARRIED UNANIMOUSLY
8. 1628 Station Street - Request for Extension of Building Permit No. BU421214
(File 2608)
The Committee had before it an Administrative Report dated October 28, 2004, in which the Chief Building Official, in consultation with the Director of City Plans, sought Council approval for an extension of a building permit for 1628 Station Street. The General Manager of Community Services recommended approval.
Peter Sweeney, Manager, Building Inspections Branch, reviewed the report and responded to questions relating to the process for extensions and the current by-law.
The Applicant, Mark Betteridge, Executive Director & CEO, Discovery Parks Trust, spoke in favour of the extension (distributed brochure - on file). His comments included:
· reviewed financial status of the project;
· does not know when project can proceed, they are in promotion process;
· 70% sure they can obtain LEEDS Silver status;
· addressed parking concerns.
MOVED by Councillor Woodsworth
THAT the Committee recommend to Council
THAT City Council approve an extension of Building Permit No. BU421214 for 1628 Station Street until April 15, 2005.
CARRIED UNANIMOUSLY
9. Proposed Amendment to Subdivision By-law No. 5208 - Reclassification of 400 - 600 Block of East 52nd Avenue, and the South Half of the 400 - Block of East 51st Avenue (File 5308)
The Committee had before it an Administrative Report dated October 19, 2004, in which the Subdivision Approving Officer recommended Council refuse the application to reclassify the properties at 400 - 600 Block of East 52nd Avenue and the south half of the 400 - block of East 51st Avenue from Category D to Category A for the purpose of subdivision. The General Manager of Community Services recommended approval.
Rick Scobie, Subdivision Approving Officer, reviewed the report, noting a correction to the report under Background & Subdivision History: January 19, 1998 should read 1988. He responded to questions relating to potential loss of trees and the criteria used to select the voting area.
Wendy Scholefield spoke in favour of the recommendation to refuse the application. Her comments included:
· previous applications to change the lot size have been rejected by residents in order to retain character of the street;
· many purchased their homes because of the large lot size;
· many older homes have had major renovations to modernize and new homes are large to reflect lot size;
· over the years, density has increased in the area through addition of suites; more housing achieved without sacrificing large lots;
· in other areas of Vancouver there is wide variety in lot sizes;
· opinion is divided equally regarding reclassification based on the City's notification results;
· the economic opportunity does not take into regard impact on current residents.
The following spoke in opposition to the recommendation:
George Fu, Van Future Enterprise Inc. (brief submitted - on file)
Ingo Winkler (brief submitted - on file)
Elena Oproescu (brief submitted - on file)
Speakers' comments included:
· reviewed decisions relating to previous applications for subdivisions and noted that this area should reflect the same mix of lots sizes as most areas in East Vancouver;
· indicated figures for parcels sizes in the staff report are incorrect as well as number of owners supporting the subdivision; provided alternative figures;
· City should represent all owners fairly and consider their statement of rationale;
· if subdivision not approved, potential for more lots and benefit to families will be lost;
· potential loss of trees is not a valid concern as City approval is required to remove trees;
· traffic would not increase and street parking would not decrease;
· reclassification policy should be reviewed considering current socio-economic and ethnic realities.
MOVED by Councillor Cadman
THAT the Committee recommend to Council
THAT Council refuse the application to reclassify all the properties in the 400 - 600 Block of East 52nd Avenue and the South Half of the 400 - Block of East 51st Avenue from Category D to Category A of Schedule A, Table 1, of Subdivision By-law No. 5208.
CARRIED UNANIMOUSLY
(Councillor Louie not present for the vote)
10. 1181 Davie Street - Private Liquor Store
Development Application Number DE408532 (File 2605)
The Committee had before it an Administrative Report dated November 15, 2004, in which the Director of Current Planning sought Council advice on a development application to change the use of a portion of an existing building at 1181 Davie Street from retail to private liquor store (Type 1 - Beer only). The General Manager of Community Services submitted options to approve or not approve the application for consideration.
Bill Boons, Co-Manager, Processing Centre, Development, reviewed the report and responded to questions relating to rationale for recommending refusal of application and implications for future applications of this nature should the application be approved.
The Applicants, Vince Marino and Steve Bauer, Pumpjack Pub, along with Bert Hick, Rising Tide Consultants, made the following comments in support of the application:
· reviewed the Applicant's business history and of community involvement;
· reviewed impact of parking, delivery trucks and noise on the area and the location in relation to schools, parks and churches;
· noted the proposed outlet is in City's highest density of 24-hour businesses;
· reviewed density factor relating to Davie Village local shopping district;
· opposition to the application has been limited;
· service is currently limited after 6 p.m. in the area.
The following spoke in favour of the application:
Angus Praught, Gayvan.com Travel Marketing
Gillan Jackson, Central Presbyterian Church
Speakers' comments included:
· applicants are good operators with high standards of service and commitment to community;
· outlet would provide needed service to residents and tourists and be an enhancement to Davie Street village;
· outlet would provide wider choice of product with easier access and fewer line-ups;
· customers would not have to run Bute Street gauntlet to visit liquor store;
· applicants contribute to community charities showing they are not only interested in profits, but recognize ethical duty.
Taryn Brodie spoke in opposition to the application. Her comments included:
· area overloaded with trouble spots; rough/constant street traffic tolerated by police;
· security fencing, canine patrol has not really helped;
· later hours for alcohol sales will attract more negative clientele;
· welcomes gentrification, but approval of this application takes this in wrong direction;
· area indicated on map presented at the meeting distorts actuality in the neighbourhood;
· laneway parking already congested;
· approval would contravene original guidelines for area regarding proximity to government liquor store and additional liquor stores.
MOVED by Councillor Louis
THAT the Committee recommend to Council
THAT the Director of Planning be advised that Council would not favour approval of Development Application Number DE408532 for a Private Liquor Store (Type 1 - Beer Only) at 1181 Davie Street;
CARRIED
(Councillor Woodsworth opposed)
(Councillor Louie not present for the vote)
11. Noise Regulation - Addressing Car Alarm Noise (File 3755)
The Committee had before it a Policy Report dated November 15, 2004, in which the Director of Health Protection of Vancouver Coastal Health Authority, in consultation with the Director of Legal Services, Chief Constable, General Manager of Community Services and General Manager of Engineering Services submitted recommendations relating to car alarms in Vancouver, including a public education program, an enforcement program to the end of February 2005, and also recommended that staff report back on options to address offending car alarms on vehicles parked on private property The City Manager recommended approval.
Nick Losito, Regional Director, Health Protection, Vancouver Coastal Health Authority, reviewed the report and responded to questions relating to the degree of authority that Council has regarding full prohibition of audible car alarms.
Robert Trent, President, Spiral Technologies Ltd., advised that there is technology available to specifically target false alarms.
Hans Schmid, Right to Quiet Society, spoke in favour of the recommendations. His comments included:
· urged Council to approach the Federal Government to obtain the necessary authority to prohibit audible car alarms, and to required inaudible car alarms be installed in vehicles;
· suggested increased enforcement and decibel level testing at the time the offence occurs.
MOVED by Councillor Louis
THAT the Committee recommended to Council
A. THAT Noise Control staff, in concert with the Police and Parking Enforcement staff as well as private and public sector partners, undertake a public education program aimed at reducing the incidence of car alarm complaints, as generally described in Policy Report Noise Regulation - Addressing Car Alarm Noise dated November 15, 2004, with costs borne by the Environmental Health Program of Vancouver Coastal Health.
B. THAT the Vancouver Police Department, with the assistance of Parking Enforcement staff as required, undertake an intensified enforcement program targeting continuously sounding car alarms in the Downtown Peninsula (Police District1) through the end of February, 2005 on a pilot basis, as generally described in Policy Report Noise Regulation - Addressing Car Alarm Noise dated November 15, 2004.
C. THAT staff continue to investigate options to more effectively address offending car alarms installed on vehicles parked on private property and report back with recommendations.
D. THAT staff provide Council with a memo outlining the possibility of eliminating the use of audible car alarms.
CARRIED
(Councillors Ladner and Sullivan opposed)
(Councillor Louie not present for the vote)
The Committee adjourned at 4:10 p.m.
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CITY OF VANCOUVER REGULAR COUNCIL MEETING MINUTES
DECEMBER 2, 2004 |
A Regular Meeting of the Council of the City of Vancouver was held on Thursday, December 2, 2004, at 4:10 p.m., in Council Chamber, Third Floor, City Hall, following the Standing Committee on Planning and Environment meeting, to consider the recommendations and actions of the Committee.
PRESENT: |
Acting Mayor Tim Louis
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ABSENT: |
Mayor Larry Campbell (Sick Leave)
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CITY MANAGER'S OFFICE: |
Judy Rogers, City Manager | |
CITY CLERK'S OFFICE: |
Diane Clairmont, Meeting Coordinator | |
COMMITTEE OF THE WHOLE
MOVED by Councillor Roberts
SECONDED by Councillor Cadman
THAT this Council resolve itself into Committee of the Whole, Acting Mayor Louis in the Chair.
CARRIED UNANIMOUSLY
COMMITTEE REPORTS
Report of Standing Committee on Planning and Environment
December 2, 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. Significant New Rezoning Application- 826 - 848 West Hastings Street
2. Significant New Rezoning Application - 1211 Melville Street
3. 1979, 1981 and 1983 Trutch Street and also 3201 West 4th Avenue - Warning to Prospective Purchasers
4. 6988 Dumfries Street - Warning to Prospective Purchasers
5. 6965 Fleming Street - Warning to Prospective Purchasers
6. 592 East 50th Avenue - Warning to Prospective Purchasers
7. 2039 East 35th Avenue - Warning to Prospective Purchasers
8. 1628 Station Street - Request for Extension of Building Permit No. BU421214
9. Proposed Amendment to Subdivision by-law No. 5208 - Reclassification of 400 - 600 Block of East 52nd Avenue, and the South half of the 400 Block of East 51st Avenue
10. 1181 Davie Street - Private Liquor Store - Development Application Number DE408532
11. Noise Regulation - Addressing Car Alarm Noise
MOVED by Councillor Roberts
THAT the recommendations and actions taken by the Standing Committee on Planning and Environment at its meeting of December 2, 2004, as contained in Items 1 -11, be approved.
CARRIED UNANIMOUSLY
RISE FROM COMMITTEE OF THE WHOLE
MOVED by Councillor Roberts
THAT the Committee of the Whole rise and report.
CARRIED UNANIMOUSLY
ADOPT REPORT OF COMMITTEE OF THE WHOLE
MOVED by Councillor Roberts
SECONDED by Councillor Cadman
THAT the report of the Committee of the Whole be adopted.
CARRIED UNANIMOUSLY
The Council adjourned at 4:12 p.m.
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