Vancouver City Council

These minutes will be adopted at the Regular Council meeting on February 1, 2005.
 

CITY OF VANCOUVER SPECIAL COUNCIL MEETING MINUTES JANUARY 20, 2005

A Special Meeting of the Council of the City of Vancouver was held on Thursday, January 20, 2005, at 7:30 p.m., in the Council Chamber, Third Floor, City Hall, for the purpose of holding a Public Hearing to consider proposed amendments to the Zoning and Development By-law and the Downtown District Official Development Plan.

PRESENT:	Deputy Mayor Anne Roberts Councillor Fred Bass Councillor David Cadman Councillor Jim Green Councillor Peter Ladner Councillor Tim Louis Councillor Sam Sullivan
ABSENT:	Mayor Larry Campbell (Leave of Absence - Civic Business) Councillor Raymond Louie (Leave of Absence - Civic Business) Councillor Tim Stevenson (Leave of Absence) Councillor Ellen Woodsworth (Leave of Absence - Civic Business)
CITY CLERK'S OFFICE:	Tarja Tuominen, Meeting Coordinator

COMMITTEE OF THE WHOLE

MOVED by Councillor Cadman
SECONDED by Councillor Louis

THAT this Council resolve itself into Committee of the Whole, Deputy Mayor Roberts in the Chair, to consider proposed amendments to the Zoning and Development By-law and the Downtown District Official Development Plan.

CARRIED UNANIMOUSLY

1. Heritage Incentive Program: 5 West Pender Street

This item was withdrawn.

2. Text Amendment: Miscellaneous Text Amendments

An application by the Director of Current Planning was considered as follows:

Summary:

The proposed text amendments to the Zoning & Development By-law, CD-1 By-laws and the Downtown Official Development Plan would clarify existing regulations.

The Director of Current Planning recommended approval.

Staff Comments

Phil Mondor, Rezoning Planner, was present to respond to questions.

Summary of Correspondence

There was no correspondence received on this application since the date the application was referred to Public Hearing.

Speakers

Deputy Mayor Roberts called for speakers for and against the application and none were present.

Council Decision

MOVED by Councillor Green

THAT the application by the Director of Current Planning to amend the Zoning & Development By-law, various CD-1 By-laws and the Downtown Official Development Plan to clarify existing regulations generally in accordance with Appendix A to Policy Report "Miscellaneous Text Amendments: Zoning and Development By-law, CD-1 By-laws and the Downtown Official Development Plan" dated December 1, 2004 be approved.

CARRIED UNANIMOUSLY

3. Text Amendment: 201 Burrard Street (299 Burrard Street)

An application by the Director of Current Planning was considered as follows:

Summary:

Amendments to the CD-1 By-law would permit General Office Live-Work, Retail and Services uses in addition to Hotel and Office uses on parcel 2A (299 Burrard Street).

The Director of Current Planning recommended approval.

Also before Council was a memorandum dated January 19, 2005 from Larry Beasley, Director of Current Planning, reporting back on three questions regarding the proposed text amendment to permit General Office Live-work use (400,000 sq. ft.) and Retail and Service uses (52,475 sq. ft.) within the 807,320 sq. ft. Office and/or Hotel tower which the CD-1 zoning allows on Parcel 2A:
· impact on commercial capacity in the downtown,
· property tax implications, and
· community amenity contribution.

In addition, the Director of Current Planning advised the developer has offered a Community Amenity Contribution of $1 Million and is prepared to work with the City to settle how this contribution will be allocated. The Director further advised should Council wish to consider and then approve this offer, staff put forward the following resolution:

(c) That, prior to enactment of the CD-1 By-law, the registered owner shall, at no cost to the City, make arrangements to the satisfaction of the Director of Current Planning, on terms and conditions satisfactory to the Director of Legal Services, for a Community Amenity Contribution in the amount of $ 1 Million [as offered by the applicant, or some other figure as set by City Council].

Staff Comments

Phil Mondor, Rezoning Planner, presented an overview of the application and reviewed the information submitted by the Director of Current Planning in his memorandum of January 19, 2005.

In response to questions, Mr. Beasley clarified Council's rights to request a community amenity contribution and provided a rationale for the amount of the contribution offered.

Applicant Comments

Ian Gillespie and James Cheng, representing the applicant, described the financial component of the proposal and responded to questions on costs, implications to the developer of an additional community amenity contribution, the maximum contribution which could be offered, and the economic viability of the mixed use project, with a hotel component, at that site.

Summary of Correspondence

The following correspondence was received on this application since the date the application was referred to Public Hearing:

· 11 letters in support of the application

Speakers

Deputy Mayor Roberts called for speakers for and against the application and none were present.

Council Decision

MOVED by Councillor Green

THAT the application by Via Architecture and James KM Cheng Architects to amend CD-1 By-law No. 7679 (#363), to allow General Office Live-Work, Retail and Service uses in addition to Hotel and Office uses on Parcel 2A (299 Burrard Street) in Sub-Area 1 and to allow a change in the form of development previously approved in principle generally as outlined in Appendix A to Policy Report "201 Burrard Street (Burrard Landing) - CD-1 Text Amendment (Parcel 2A at 299 Burrard Street)" dated November 30, 2004 be approved, subject to the following conditions:

FORM OF DEVELOPMENT

(a) THAT the revised form of development for Parcel 2A prepared by James KM Cheng Architects and stamped "Received, City Planning Department, November 30, 2004", be approved by Council in principle, provided that the Director of Planning, or Development Permit Board, may allow alterations to the form of development when approving the detailed scheme of development as outlined in (b) below.

[Note: This would replace the "illustrative form of development" previously approved at Public Hearing of April 10, 2001.]

(b) THAT, prior to approval by Council of the form of development for Parcel 2A, the applicant shall obtain approval of a development application by the Development Permit Board, who shall have particular regard to the following:

DESIGN DEVELOPMENT

(i) design development to the lower level massing, to better relate to Tower 2B and to break down the scale of high podium elements;

(ii) design development to the lower level facade treatments, to provide continuous weather protection and pedestrian interest, and to clarify the details of these amenity features;

(iii) design development to the ground level setbacks to enhance pedestrian interest and amenity;

(iv) design development to the architectural treatment of the Burrard Street facade, to relate more strongly to the Marine Building character and scale, and its existing role as a landmark icon for the area; and

(v) design development to the architectural treatment and articulation of the tower, to refine and clarify the architectural treatments, and to maximize its sense of slimness.

AGREEMENTS

No further legal agreements or amendments to existing agreements are required, prior to enactment of the CD-1 By-law.

(c) That, prior to enactment of the CD-1 By-law, the registered owner shall, at no cost to the City, make arrangements to the satisfaction of the Director of Current Planning, on terms and conditions satisfactory to the Director of Legal Services, for a Community Amenity Contribution in the amount of $ 1 Million [as offered by the applicant].

Carried

AMENDMENT MOVED by Councillor Louis

THAT the Community Amenity Contribution offered by the applicant be $2.4 million.

LOST
(Councillors Cadman, Green, Ladner, Sullivan and Deputy Mayor Roberts opposed)

The amendment having lost, the Motion was put and CARRIED with Councillor Louis opposed.

4. Rezoning: 811-821 Cambie Street

An application by the Director of Current Planning was considered as follows:

Summary:

The rezoning from Downtown District (DD) to Comprehensive Development District (CD-1) would permit a mixed-used development. The site would also be removed from the DD maps, the Sign By-law would be amended to reference this site and the Noise Control By-law would be amended at time of enactment of the CD-1 By-law

The Director of Current Planning recommended approval.

Staff Comments

Phil Mondor, Rezoning Planner, presented an overview of the application, noting the total proposed increased density is similar to what is emerging in the Robson Street corridor. He reviewed the projected impact of height and loss of views, the influence of the Library Precinct Guidelines on nearby developments, the Community Amenity Contribution (CAC) offered by the applicant, and the proposed transfer of heritage bonus density. Staff support the application subject to the conditions set out in the agenda.

Applicant Comments

Martin Bruckner, Architect, and Peter Kreuk, Landscape Architect, responded to questions on the form of development and design elements of the building. The building does respect the Library Precinct guidelines. The applicants will incorporate many opportunities for terracing into the building and pursue LEEDS certification.

Summary of Correspondence

The following correspondence was received on this application since the date the application was referred to Public Hearing:

· 1 letter in support and 2 letters opposed to the application.

Speakers

Deputy Mayor Roberts called for speakers for and against the application.

The following spoke in opposition to the application:

· David Garner
· Mona Lee
· Dal Fleischer

The foregoing speakers opposed the application based on one or more of the following points:

· It is wrong to impose a hidden tax, which is the cash Community Amenity Contribution (CAC) offered by the applicant;
· No reason why the City cannot address affordable housing challenges through other means than hidden taxes, i.e. CAC's;
· It is wrong to sell off the City's heritage to obtain a CAC;
· Opposed to the proposed extra density and concerns with loss of privacy;
· Opposed to the proposed live-work spaces as concerned those will attract criminal elements;
· The proposed change in the overall FSR is too great; the proposed development is large compared to the other developments in the area.

Applicant Closing Comments

Mr. Bruckner pointed out the proposed building height will be considerably lower than what is allowed on the site. The project still has to go through the development permit board stage which will require further design development.

Staff Closing Comments

Mr. Beasley pointed out rezoning applications are evaluated, recommended and approved on the basis of land use policies and urban fit; the Community Amenity Contribution is a contingent issue. The application proposes a modest building and will be a well-scaled fit to the area.
Council Decision

MOVED by Councillor Green

A. THAT the application by Hancock Bruckner Eng + Wright Architects to rezone the site at 811-821 Cambie Street (Lots 32-38, Block 67, DL 541, Plan 210) from DD Downtown District to CD-1 Comprehensive Development District generally as outlined in Appendix A to Policy Report "CD-1 Rezoning of 811-821 Cambie Street" dated December 2, 2004 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 Hancock Brückner Eng + Wright Architects, and stamped "Received Planning Department, June 24, 2004", provided that the Director of Planning or the Development Permit Board, as the case may be, 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, as the case may be, who shall have particular regard to, among other things, the following:

DESIGN DEVELOPMENT - GENERAL

(i) Design development to overall massing, articulation and expression to improve scale, visual quality and better relate to the character of the Library square Precinct;

Note to applicant: Greater clarity between massing components that better reflect proposed uses can be achieved through substantive articulation, and related detailing, as well as a coherent material/colour strategy. Exploration of an asymmetrical arrangement of floor area, with greater emphasis on Cambie Street, to reduce impacts for adjacent development should be pursued. Further exploration of prevailing building heights that may inform further massing resolution by matching these heights should be pursued. A greater emphasis on vertical proportioning for fenestration systems should also be pursued. Further design development to distinguish the development's corner identity through more transparent wall systems, and better integration with visible vertical movement systems is required.

(ii) Design development to the Cambie Street fronting live-work units to better express this use in a non-residential context;

Note to applicant: Strategies to ensure flexibility of interior uses including non-residential activities, and to more carefully express this flexibility in façade design, entries and public realm treatment is required. A pure residential expression should be avoided.

(iii) Design development to the Robson Street podium to refine the interface between the ground-oriented commercial units and public realm requirements and to better relate to the character of the precinct;

Note to applicant: A staggered approach to the expression of commercial units at the building line should be pursued. Confirmation of storefront display, entry and weather protection systems is required.

(iv) Design development to better integrate the tower's mechanical penthouse and elevator override requirements into the overall massing and form of the building;

(v) Design development to seek to provide common open space up to 50 sq. ft. per unit in the form of an accessible roof deck(s);

(vi) Design development to private open spaces to clarify landscape intent and ensure privacy between units;

Note to applicant: Overheight structures, such as arbours and pergolas are not supported. Confirmation of rooftop materials to ensure high visual quality is required. Significant soft landscaping, with adequate irrigation systems, especially at the perimeter of varying rooftop heights is required.

(vii) Design development to improve the visual quality of the south, west and east elevations;

Note to applicant: Greater articulation, in addition to balconies and substantive wall detailing, should be considered.

(viii) Design development to confirm Robson Street public realm intent for surface treatment, street trees, landscape and public art features to ensure a seamless integration with the anticipated design for the Robson Street corridor;

(ix) Design development to the lane environment to ensure high visual quality and CPTED (Crime Prevention Through Environmental Design) performance; and

(x) Deletion of the high level canopy/roof projection shown on level 4;

DESIGN DEVELOPMENT - LANDSCAPE

(xi) The Robson street frontage (public realm) should respond to the Library Precinct Streetscape details, including provision of the following:

- granite street names at corner locations,
- book Icon tiles set into surrounds at new trees on Robson Street,
- Cambie Street trees to be tulip trees,
- cast iron tree grates at tree bases,
- free-standing city-style pedestrian lamp standards and pole mounted fixtures in an alternating pattern, and
- placement of other street furniture; benches, refuse containers, and bicycle racks;

Note to Applicant: all public realm development will be to the approval of the General Manager of Engineering Services.

(xii) Design development to provide more interesting and further refinement to all proposed roof gardens;

(xiii) An irrigation system shall be specified in all common areas, including the entry and upper terrace areas. Hose bib's should be provided in private areas such as patios and courtyards. Notations to this affect should be added to the drawing;

Note to Applicant: The irrigation system design and installation shall be in accordance with the irrigation industry of B.C. standards and guidelines.

(xiv) Provide sections (min. scale ¼"=1'-0") thru the Cambie street public realm ensuring a minimum 48 inches in soil depth for root ball of the inside row of trees;

(xv) Provide design details for the proposed "Green Roof", (including detailed sections and maintenance specifications); and

DESIGN DEVELOPMENT - CPTED (Crime Prevention Through Environmental Design)

(xvi) 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 by providing full separation for residential and live-work from non-residential uses including parking, elevators and exit stairs,

- graffiti on the lane, and

- mischief by deleting alcoves on the lane and by providing a glassy vestibule to the restaurant elevator on the street and providing gates to the loading to be closed during non-business hours.

AGREEMENTS

(c) THAT, prior to enactment of the CD-1 By-law, the registered owner shall, at no cost to the City make arrangements for the following to the satisfaction of the Director of Current Planning and General Manager of Engineering Services, on terms and conditions satisfactory to the Director of Legal Services, unless otherwise specified:

SUBDIVISION

(i) the consolidation of all lots, or other arrangements;

Note to applicant: Clarification of the charges on title by way of a charge summary will be required.

COMMUNITY AMENITY CONTRIBUTION - HERITAGE BONUS DENSITY

(ii) the purchase of 975.45 m² (10,500 sq. ft.) of heritage bonus density from a suitable donor site;

COMMUNITY AMENITY CONTRIBUTION - AFFORDABLE HOUSING

(iii) the contribution of $3,360,000 to the Affordable Housing Fund to the satisfaction of the Director of the Housing Centre;

ENGINEERING

(iv) dedication of the building line adjacent Robson Street for road purposes;

(v) appropriate agreements and covenants for the parking provided for the site across the street at 150 Robson Street (Catholic Charities);

(vi) discharge of the redundant charges on title prior-to occupancy of the building;

(vii) undergrounding of all new BC Hydro and Telus services from the closest existing suitable service point, including a review of the cabling necessary to service the site to determine any impact on the neighbourhood. All power transformer requirements are to be fully accommodated on site;

(viii) provision of street trees adjacent the site where space permits; and

(ix) Provision of "Library Square" and "Downtown South" sidewalk treatments adjacent the site.

B. THAT the application to amend the Sign By-law to establish regulations for this CD-1 in accordance with Schedule "B" (DD) be approved.

C. THAT, as a consequential amendment to the rezoning of this site at 811-821 Cambie Street from DD to CD-1:

(i) The maps in the Downtown Official Development Plan By-law No. 4912, be amended to indicate that the site is no longer zoned DD; and

(ii) 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 Louis

THAT the report of the Committee of the Whole be adopted, and the Director of Legal Services be instructed to prepare and bring forward the necessary by-law amendments.

CARRIED UNANIMOUSLY

The Special Council adjourned at 9:07 p.m.

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