CITY OF VANCOUVER SPECIAL COUNCIL MEETING A Special Meeting of the Council of the City of Vancouver was held on Thursday, February 22, 1996, at 7:30 p.m., in the Council Chamber, Third Floor, City Hall, for the purpose of holding a Public Hearing to amend the Zoning and Development By-law. PRESENT: Mayor Owen Councillors Bellamy, Chiavario, Hemer, Kennedy, Kwan, Price and Puil ABSENT: Councillor Clarke (Sick Leave) Councillor Ip (Leave of Absence) Councillor Sullivan (Leave of Absence) CLERK TO THE COUNCIL: Gary MacIsaac COMMITTEE OF THE WHOLE MOVED by Cllr. Bellamy, SECONDED by Cllr. Puil, THAT this Council resolve itself into Committee of the Whole, Mayor Owen in the Chair, to consider proposed amendments to the Zoning and Development By-law. - CARRIED UNANIMOUSLY Conflict of Interest Prior to consideration of this matter, Councillor Hemer declared a conflict of interest due to business interests and left the meeting. 1. Text Amendment: 800-1100 Pacific Boulevard (Quayside Waterfront Block) An application by James Cheng Architects, on behalf of Concord Pacific Developments Ltd., was considered as follows: The proposed amendments to CD-1 Comprehensive Development District By-law No. 7248 would: - change the form of development and add a new tower; - reallocate previously-approved floor area and dwelling units within the new form of development for the waterfront block; - increase the height of previously-approved towers, all within the existing maximum height limit of 91 m (300 ft.); cont'd....Clause No. 1 (cont'd) - restrict the conversion of second floor service and office use at Davie Street and Pacific Boulevard to not permit retail use; - increase the number of dwelling units transferable between sub-areas 4 and 5A to 20% of the total; - increase the amenity space for residential uses in sub-area 4 and 5A to a total of 11,000 m› (118,400 sq. ft.) for floor area which is, at or above, the base surface; - allow for relaxation of the maximum depth that windows may be recessed; and - require consequential amendments to the False Creek North Official Development Plan, subject to Council decisions on grade level use along Marinaside Crescent and second floor office space at Davie Street and Pacific Boulevard. Should Council choose the staff-recommended options for these locations, the total floor area in the waterfront block would increase up to 2 850 m› (30,678 sq. ft.) over the current zoning. The Director of Land Use and Development recommended approval of this application, subject to the following conditions proposed for adoption by resolution of Council: FORM OF DEVELOPMENT (a) THAT a revised form of development for the Quayside Waterfront block be approved by Council in principle, generally as shown on the plans stamped "Received City Planning Department, July 28, September 15, and as revised in supplementary drawing received December 4, 1995", having specific regard to the siting of the buildings, development of the ground plane, general buildings heights and massing. A major objective of the form of development is to create a neighbourhood of quality urban design and architecture and maintain the qualitative aspects demonstrated in the Yaletown Edge and Roundhouse neighbourhoods. The Director of Planning may allow alterations and refinements to this form of development when approving the detailed scheme of development, with guidance from (b) below and if there are demonstrated improvements to the overall design. Criteria for judging changes will be based on the following principles: - improved relationships to adjacent development with respect to shadowing, and public and private views; - improved livability with respect to private open space, privacy and access; cont'd....Clause No. 1 (cont'd) - meeting CPTED (Crime Prevention Through Environmental Design) principles; - improved public and common open space provision, quality and programming; - improved public realm treatment, amenity and safety; - improved vehicle and pedestrian movement relationships and safety, and vehicular access; and - improved architectural design and equal standard of quality of materials and finishes. DEVELOPMENT APPLICATIONS (b) THAT prior to the final approval by Council of the detailed form of development for each portion of the project, the applicant shall obtain approval of a development application by the Director of Planning, who shall have regard to the following: - ensuring that grade level retail space is street-facing, especially on Davie Street and has small scale shop frontages to ensure retail continuity and interest; - ensuring that all second floor restaurant uses are accessed directly from the street and second-floor offices are accessed from one or more street-oriented lobbies at grade; consideration may be given to combined access if location and context are considered appropriate; - adjusting the massing of the 13-storey seniors' building at Davie Street and Pacific Boulevard to reduce view and building mass impacts for residents across Pacific Boulevard in the Yaletown Edge; - creating a more active and interesting grade level treatment along Pacific Boulevard between the Cambie Street and Landmark Mews; - reducing the large areas of water on the common open space on each block to provide for children's play and landscaping; and - reviewing the crosswalk connection on Pacific Boulevard to achieve a clearer connection between the landmark mews and the pedestrian crosswalk on Pacific Boulevard at Beatty Mews. cont'd....Clause No. 1 (cont'd) DESIGN GUIDELINES (c) THAT the proposed design guidelines entitled "Quayside Neighbourhood CD-1 Guidelines", dated February 1996, be adopted by resolution of Council at the time of enactment of the CD-1 By-law and that existing design guidelines entitled "Quayside Neighbourhood (800-1100 Pacific Boulevard) CD-1 Guidelines" dated November 1993, be rescinded. OPTIONS FOR MARINASIDE CRESCENT (d) THAT Council choose one of the following options for grade level use along Marinaside Crescent: - Option 1 All townhouses, as proposed by Concord; - Option 2 Primarily townhouses, convertible to retail at grade now or later, but with 750 m› of retail/service space between Davie Street and the Cambie Mews; - Option 3 All retail/restaurants comprising 2 850 m› of retail/ service space between Davie Street and the easterly mews, as recommended by City staff; or - Option 4 Primarily retail/restaurants comprising 2 300 m› of retail/service space between Davie Street and the Landmark Mews, with townhouses to the easterly mews, convertible to retail at grade now or later. Choosing Option 1, 2 or 4 will trigger a consequential amendment to the False Creek North ODP to eliminate or reduce the mandatory retail requirement along Marinaside Crescent, and change the draft CD-1 By-law to reduce the amount of retail and service uses. cont'd....Clause No. 1 (cont'd) If Council chooses Option 1, the City Engineer recommends that the beautification of Marinaside Crescent be reconsidered and that staff report back on a street treatment similar to other residential streets. If Council chooses Option 2 or 4, it should be subject to application of building code requirements to enable either residential or retail use. OPTIONS FOR DAVIE STREET AND PACIFIC BOULEVARD (e) THAT Council choose one of the following options for office space at Davie Street and Pacific Boulevard: - Option 1 Convert 2 850 m› of Quayside retail/service use to second floor office space at Davie Street and Pacific Boulevard, if Council chooses Option 1 in (d), as proposed by Concord; or - Option 2 Use 2 850 m› of the office space allocation in the False Creek North ODP for second floor office space at Davie Street and Pacific Boulevard, under whatever option in (d) is chosen, as recommended by staff. Choosing Option 1 will trigger a consequential amendment to the False Creek North ODP to reduce the retail and service space allocation and change the draft CD-1 By-law to reduce the amount of retail, service and office uses. ENERGY EFFICIENT FEATURES (f) THAT Council require the provision of low flow toilets, shower heads and faucets as standard features in the Quayside Waterfront Block, as and when required by the Plumbing By-law; AGREEMENTS (g) THAT prior to enactment of the CD-1 By-law amendment, the property owner shall, at no cost to the City: cont'd....Clause No. 1 (cont'd) NON-MARKET HOUSING i) Modify the existing agreement where necessary with respect to the location of non-market housing, satisfactory to the City Manager and Director of Legal Services, by which sufficient parcels shall be conveyed to the City for the non-market housing to be constructed within the site, at a price acceptable to City Council. Such parcels are for such non- market housing programs or initiatives as City Council may generally define or specifically approve from time to time. SERVICES AGREEMENT MODIFICATION ii) Modify the existing Quayside Neighbourhood Services Agreement to meet the requirements of the rezoning, to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services, to ensure that any additional on- site and off-site works and services, required as a result of the revised development scheme on the subject site are designed, constructed, and installed at no cost to the City. EXISTING COVENANTS iii) Amend and/or release all existing covenants and rights-of-way to address the proposed development, to the satisfaction of the Director of Legal Services; and Where the Director of Legal Services deems appropriate, the preceding agreements are to be drawn, not only as personal covenants of the property owner, but also as covenants which charge and run with the land. The Director of Legal Services may require the preceding agreements to be registered in the Land Title Office, prior to enactment of the by-law, but in any event, the City will not issue any development permits, and the property owner shall not seek the issuance of any development permit relating to the site prior to the registration of the preceding agreement; such agreements are to have priority over those liens, charges and encumbrances as considered advisable by the Director of Legal Services. cont'd....Clause No. 1 (cont'd) The required agreements shall provide security to the City including indemnities, warranties, options to purchase, no development covenants, equitable charges, development bonds, letters of credit, and withholding of permits, as considered advisable by, and in a form satisfactory to the Director of Legal Services. The timing of all required payments shall be determined by the appropriate City official having responsibility for each particular agreement, who may consult other City officials and City Council. The property owner will confirm, in a form satisfactory to the City, that it is the legal and beneficial owner of the site; or, if not, the property owner will cause the beneficial owner to agree that the beneficial owner has knowledge of all the transactions, gives its consent and is bound by all agreements, and evidence of such shall be provided to the City. Further, all legal costs expended by the City in being satisfied as to ownership of the site and as to the involvement of any beneficial owner (including retaining outside counsel to undertake investigations and prepare agreement and certificates) will be the responsibility of the property owner. If dates are established for enactment which, in the opinion of the Director of Legal Services would require increased resources within the Law Department, or which require, in the opinion of the Director of Legal Services, the retaining of outside counsel, reimbursement for these costs will be required from the property owner. The following additional information was before Council: - a memorandum dated February 20, 1996, from Rick Scobie, Director of Land Use and Development, attaching commentary from Concord Pacific which supplemented the Manager's referral report of December 5, 1995. This information had been inadvertently omitted from the agenda package for the February 22, 1996 Public Hearing; - a memorandum dated February 16, 1996, from Brent MacGregor, Deputy City Engineer, which recommended the following two changes to the conditions of approval contained in the February 22, 1996 Public Hearing agenda: cont'd....Clause No. 1 (cont'd) (1) amend condition (d), page 3, second last paragraph, to read "If Council chooses option 1, 2 or 4, the City Engineer recommends that the beautification of Marinaside Crescent be reconsidered and that staff report back on a street treatment similar to other residential streets." (2) insert a new prior-to-enactment condition (g)(iii) TRANSIT ROW "Register a statutory right-of-way satisfactory to the City Engineer and Director of Legal Services providing for an underground transit alignment on the subject lands." Proposed condition (g)(iii) EXISTING COVENANTS would be retained and renumbered as (g)(iv). - an Administrative Report dated February 14, 1996, from the General Manager of Engineering Services which submitted the following two options for Council's consideration for the installation of a midblock crosswalk on Davie Street south of Pacific Boulevard: A. That, as a condition of Quayside rezoning, a midblock crosswalk be incorporated into the design of Davie Street south of Pacific Boulevard. or B. That, at the time of Quayside enactment, Concord be required to pay to the City the total estimated cost for the future installation of a midblock crosswalk on Davie Street south of Pacific Boulevard. - a memorandum dated February 14, 1996, from Brent MacGregor, Deputy City Engineer, which provided Council with information regarding the right-of-way to be allocated for a future rapid transit corridor through the Quayside neighbourhood. Staff Opening Comments Mr. Larry Beasley, Director of Central Area Planning, advised the application before Council contains reforms and changes to the Quayside rezoning of False Creek North that was originally approved in November 1993. This rezoning deals with the waterfront blocks which is the area between Davie Street and Cambie Bridge, south of Pacific Boulevard. cont'd....Clause No. 1 (cont'd) Staff have had a favourable working relationship with Concord and its architect and are in support of the new massing, open space and design concept for the waterfront block. Regarding the retail issue before Council, City staff and Concord have different opinions. The staff view is based on Council's vision of Marinaside Crescent as a unique, active and mixed-use gathering place at a key location in the Downtown where Davie Street comes to False Creek. This area was meant to be a village focal point for residents and visitors. In 1989, this vision was invented by Concord and the City together and through consultant study, it was confirmed that retail would succeed at this location. These findings were reconfirmed two year's ago. In the Official Development Plan (ODP), this is one of the few areas where Council decided that retail was required rather than discretionary. Mr. Beasley advised that Concord now wishes to abandon the Quayside village as it was originally conceived, partly because of the benefits of marketing townhouses on the water's edge, partly because of concerns about the retail viability. The City has engaged another consultant to check on the viability of retail and has concluded the concept is economic, that people will want to establish business here, and it will be a special destination made possible in part by its waterfront location with street access. Mr. Pat Wotherspoon, Planner, outlined the proposed new massing scheme. The original scheme had terraced towers stepping down from Pacific Boulevard, and most of the building mass was located on Pacific Boulevard. The application would change the design of the waterfront block from stepped towers to more conventional point towers on a low- rise base. Accommodating the floor area from the terraced tower has required an additional tower and added height to other towers, but within the overall height limit in the ODP. Concord is not seeking any additional floor space beyond the approved zoning. In terms of the retail, Mr. Wotherspoon acknowledged that while staff recognize it will take a few years for the retail to fully develop, it is also known that there is enough capacity to locally and regionally support the approved retail on Pacific Boulevard and Marinaside Crescent. cont'd....Clause No. 1 (cont'd) Mr. Wotherspoon advised that condition (b) in the agenda presents four potential retail options for Council's consideration. They are as follows: Option 1 All townhouses as proposed by Concord; Option 2 Primarily townhouses, convertible to retail at grade now or later, but with 750 sq. meters of retail/service space between Davie Street and the Cambie Mews; Option 3 All retail/restaurants comprising 2,850 sq. meters of retail/service space between Davie Street and the easterly mews, as recommended by City staff; Option 4 Primarily retail/restaurants comprising 2,300 sq. meters of retail/service space between Davie Street and the Landmark Mews, with townhouses on the easterly mews, convertible to retail at grade now or later. Mr. Wotherspoon also advised that Council will be asked to choose one of the following options for office space at Davie Street and Pacific Boulevard, as outlined in condition (e): Option 1 Convert 2 850 m› of Quayside retail/service use to second floor office space at Davie Street and Pacific Boulevard, if Council chooses Option 1 in (d), as proposed by Concord; or Option 2 Use 2 850 m› of the office space allocation in the False Creek North ODP for second floor office space at Davie Street and Pacific Boulevard, under whatever option in (d) is chosen, as recommended by staff. Mr. Ian Thomas, retail consultant, advised this precinct with its prime waterfront location, southward orientation and proven captive market, can become one of the City's great assets and an outstanding destination place. With the aid of a visual slide presentation, Mr. Thomas showed similar areas which exist elsewhere in the world. cont'd....Clause No. 1 (cont'd) Mr. Brent MacGregor, Deputy City Engineer, reviewed the proposed amendments outlined in his February 16, 1996 memorandum. Mr. MacGregor advised that if additional residential development is approved with a corresponding decrease in retail along Marinaside Crescent, then the City should review the design of the street, which was originally designed to support all retail and service space between Davie Street and the easterly mews. The proposed amendment states that this street design be reviewed should in the event that Council selects either Options 1, 2 or 4. Applicant Opening Comments Mr. Kevin Murphy, Senior Vice President, Concord Pacific, advised Council that the applicant and staff does have a difference of opinion concerning the retail issue, but this should not overshadow the process undertaken by Concord and the City to improve the design and livability of this site. The overall design of the project has improved greatly with no increase in the density, number of units or height allowances. Mr. Murphy disputed the findings of the City's retail consultant and advised the present retail scheme will not meet the City's goals and this area will fail as a retail destination. Mr. Murphy also reviewed the issue of convertibility of townhouses to retail at grade now or later, and asked that Council amend Options 2 and 4 in condition (d) to remove this reference. The cost of conforming to such a condition is substantive, given the very slight chance that conversion would ever occur. It was reiterated that Concord Pacific favours Option 1 in condition (d). Mr. James Cheng, Architect, with the use of a visual slide projection, provided a detailed review of the proposed changes, and outlined the major improvements resulting from the new design. Mr. Blake Hudema, retail consultant, advised the City's vision of Quayside as a retail destination will fail. The types of businesses which will succeed in this area are those that provide neighbourhood services. cont'd....Clause No. 1 (cont'd) Correspondence The following correspondence was received in this matter: - brief from the Vancouver City Planning Commission reinforcing neighbourhood centres; - letter from the applicant requesting that neither Consideration A nor B in the February 14, 1996 Administrative Report from the General Manager of Engineering Services be adopted; - five letters supporting Option 1; - two letters favouring Option 3; - one letter suggesting the requirement of all retail and restaurants along the waterfront is not in the best interests of the public; - one letter from the False Creek North Residents Association outlining their experience to date; - one letter opposing the application. Speakers Mayor Owen called for speakers for and against the application and total of seven speakers were heard: Ms. Denise Taylor Ellis, on behalf of the Vancouver City Planning Commission, urged Council to show its commitment to CityPlan by approving the retail option for this area. Retail should be strengthened rather than diffused in order to allow neighbourhood centres to develop. Also, Pacific Boulevard in its current state is a detriment to the development of the area, and further calming is required on Pacific Boulevard through widening of the median, planting trees and removal of left turn bays. Mr. Craig Hougen, urged Council to support the retail option as the waterfront development potential of this should not be lost. A boardwalk-style of retail, and not mall retail is required. cont'd....Clause No. 1 (cont'd) Mr. Charles Brown advised his experience on the south shore of False Creek finds it is the seawall that ties the community together, and not retail. Mr. Brown also stated that Pacific Boulevard is dividing the Quayside community and that automobiles should not be permitted close to the seawall nor on Marinaside Crescent. Ms. Linda McMullan, Executive Director, Theatre Row Business Association, urged Council to support Option 1. The Association is currently working to revitalize Downtown South and create a unique shopping experience for the area, and the Association feels the City's attempt to create another destination is contrary to its goals, and not supportable. Mr. Sharman King, on behalf of the Downtown Vancouver Association, urged Council to approve Option 1, as retail will fail on the Marinaside Crescent. As a business person, Mr. King advised he would not locate his business in this area. Mr. Chris Wood advised he is presently employed by a company which finds retail sites for businesses. Mr. Wood supported Option 1 on the basis that there is not going to be a lot of demand for retailers on Marinaside Crescent as this is not a tourist destination, but rather a neighbourhood retail area. There will be a demand for neighbourhood- oriented retail space, but other types of retail will fail. Mr. Dave Osborne urged Council to select the retail option for this area. As a resident of False Creek South, Mr. Osborne noted that one of the few shortcomings of this area is the residents do not have a retail area in the neighbourhood they can visit on a regular basis. Mr. Osborne did not support the convertibility option on the basis that once housing starts in this area, it will never leave. Staff Closing Comments Mr. Larry Beasley reiterated that the application before Council represents a better building design and open space arrangement that what is presently approved. Staff are not opposed to the construction of townhouses in general, but feel that retail is better for this area because it will foster a sense of community. cont'd....Clause No. 1 (cont'd) Mr. Beasley advised that the issue of convertibility from retail to townhomes was originally agreed upon by both staff and Concord, but in light of Concord's request that Council remove the convertibility clauses from the options, staff feel this amendment is supportable. Applicant Closing Comments The applicant offered no additional comments. Moved by Cllr. Puil, THAT the application be approved subject to the conditions set out in this minute of the public hearing, and subject to the following amendments: THAT Option 2 of Condition (d) be approved and this option be amended to read as follows: "Primarily townhouses but with 750 sq. meters of retail/service space between Davie Street and the Cambie Mews." THAT Option 2 of Condition (e) as outlined below be approved: "Use 2850 sq. meters of the office space allocation in the False Creek North ODP for second floor office space at Davie Street and Pacific Boulevard." THAT Condition (d), second last paragraph, be amended to read as follows: "If Council chooses Option 1, 2 or 4, the City Engineer recommends that the beautification of Marinaside Crescent be reconsidered and that staff report back on a street treatment similar to other residential streets." THAT the following new prior-to-enactment Condition be inserted: (g)(iii) TRANSIT ROW "Register a statutory right- of-way satisfactory to the City Engineer and Director of Legal Services providing for an underground transit alignment on the subject lands." cont'd....Clause No. 1 (cont'd) Proposed condition (g)(iii) EXISTING COVENANTS would be retained and renumbered as (g)(iv). FURTHER THAT, at the time of Quayside enactment, Concord be required to pay the City the total estimated cost for the future installation of a midblock crosswalk on Davie Street south of Pacific Boulevard. - amended MOVED by Cllr. Price (in amendment), THAT Option 2 of Condition (d) be amended to read that retail/service on the eastern corner of Cambie Mews at Marinaside Crescent be zoned as optional. - CARRIED (Councillors Bellamy and Puil opposed) The motion to amend having carried, Councillor Puil's motion as amended was put and CARRIED UNANIMOUSLY with Councillors Kennedy and Kwan opposed to Option 2 in Condition 1(d) and Councillor Kwan opposed to Option 2 in Condition 1(e). MOVED by Cllr. Chiavario, THAT staff report back on the treatment of Pacific Boulevard between Drake Street and Cambie Street, and Davie Street between Pacific Boulevard and Marinaside Crescent, in terms of parking patterns, walkways and other related treatments. - CARRIED (Councillors Bellamy, Puil and the Mayor opposed) 2. Rezoning: 5625 Senlac Street An application by Neale Staniszkis Doll Adams Architects was considered as follows: The proposed rezoning from RS-1 One Family Dwelling District, to CD-1 Comprehensive Development District, would: - permit the construction of two 4-storey multiple dwellings, containing 28 townhouse units; - limit density to a maximum floor space ratio of 1.30; - limit height to a maximum of 15.5 m (51 ft.); and - require consequential amendments. The Director of Land Use and Development recommended approval of this application, subject to the following conditions proposed for adoption by resolution of Council: (a) That the proposed form of development be approved by Council in principle, generally as prepared by Neale Staniszkis Doll Adams, Architects, and stamped "Received City Planning Department, November 8, 1995", provided that the Director of Planning may allow minor alterations to this form of development when approving the detailed scheme of development as outlined in (b) below. (b) That, prior to approval by Council of the form of development, the applicant shall obtain approval of a development application by the Director of Planning, who shall have particular regard to the following: i) deletion from the plans of proposed temporary landscaping on the land to be dedicated as lane; ii) design development to reduce the overall height of the 3-storey courtyard structure by 0.7 m (2.30 ft.); iii) design development to the north (proposed lane) elevation wall to reduce it's impact by reducing the solid wall height and adding a transparent guard at the second floor; iv) design development to the north elevation for greater visual surveillance into the parking areas; v) indication of a security grille at the parking entry on the floor plan; cont'd....Clause No. 2 (cont'd) vi) confirmation of material for the north elevation. Split-face concrete block with some coursing pattern would achieve this; vii) design development to provide security measures for the second floor courtyard and the elevator lobby entry at the northeast corner at the lane; viii) provision of wall and rooftop screening for the refuse and recycling areas; ix) provision of a landscape plan; x) provision of east and west elevations for the 3-storey courtyard structure; xi) provision of a large scale cross section indicating the relationship between the 3-storey courtyard structure and the adjacent units; xii) design development to parking area finishes and lighting in accordance with Sections 4.8.3 and 4.12 of the Parking By-law and including a "white painted finish" including the underside of the suspended concrete slab; xiii) additional individual suite entry lighting must be provided; xiv) provision of recycling and garbage facilities; xv) ramp grades are not to exceed 10% in the first 20 ft. from the lane, and manoeuvering aisle grade in the upper level of the parking area cannot exceed 6%; xvi) re-design of the manoeuvering aisle into stalls 9 and 10 in the lower level of parking; and xvii) parking ramp entry from the lane to be 20 ft. wide. (c) That, prior to enactment of the CD-1 By-law, the registered owner shall: i) consolidate Lots 7-10, 17-20; Block 44, 45; D.L. 37; Plan 2426; cont'd....Clause No. 2 (cont'd) ii) dedicate the north 20 ft. of the site for lane, and adequate arrangements must be made for opening and paving the lane at the applicant's cost. The lane will extend from Senlac to Wessex Streets, therefore access to the site will be from the new east/west lane; and iii) obtain a demolition permit and execute demolition of the portion of the existing building that encroaches upon the land to be dedicated for lane; iv) make arrangements for all electrical and telephone services to be undergrounded within and adjacent the site from the closest existing suitable service point; v) execute a legal agreement satisfactory to the Director of Legal Services, providing that owners will not discriminate against families with children in the sale of their property; and vi) make arrangements to the satisfaction of the General Manager of Engineering Services for the provision of boulevard trees on Wessex Street. Staff Opening Comments Staff offered no additional comments on this application. Applicant Opening Comments Mr. Derek Neale, Architect, advised there has been no opposition from the community regarding this application. Mr. Neale questioned the necessity of the condition listed in the staff report which requires the applicant to execute a legal agreement with the City providing the owners will not discriminate against families with children in the sale of their property. The owner has no intention of acting in a discriminatory fashion, but the executing of this legal agreement seems unnecessary. Summary of Correspondence There was no correspondence received on this application. cont'd....Clause No. 2 (cont'd) Speakers The Mayor called for speakers for and against the application and none were present. Staff Closing Comments Mr. Tom Phipps, Planner, advised the condition referred to by the applicant is a standard condition that is common for many rezoning applications. MOVED by Cllr. Bellamy, THAT this application be approved, subject to the conditions as set out in this minute of the Public Hearing. - CARRIED UNANIMOUSLY 3. Text Amendment: 1779 West 75th Avenue An application by Inex Pharmaceuticals Corp. was considered as follows: The proposed amendments to CD-1 Comprehensive Development District By-law No. 6254 would permit density to be increased from 0.60 to 0.75 floor space ratio, for manufacturing and laboratory use on sites of less than 0.8 ha (2 ac.) within the Angus East CD-1 District. The Director of Land Use and Development recommended approval of this application, subject to the following conditions proposed for adoption by resolution of Council: (a) prior to enactment of the CD-1 By-law, the registered owner shall: (i) make arrangements for all new electrical and telephone services to be undergrounded within and adjacent the site from the closest existing suitable service point. Staff Opening Comments Staff offered no additional comments on this application. cont'd....Clause No. 3 (cont'd) Summary of Correspondence There was no correspondence received on this application. Speakers The Mayor called for speakers for and against the application and none were present. MOVED by Cllr. Bellamy, THAT this application be approved, subject to the conditions as set out in this minute of the Public Hearing. - CARRIED UNANIMOUSLY 4. Text Amendment: RT-3 District Schedule (Strathcona) An application by the Director of Land Use and Development was considered as follows: The proposed minor amendments to the RT-3 Two Family Dwelling District regarding yards and external design regulations, would provide increased development flexibility in preserving the character of the Strathcona neighbourhood. Staff Opening Comments Mr. Rob Whitlock, Planner, advised this application is intended to provide slightly more flexibility in regard to front and rear yards. Summary of Correspondence There was no correspondence received on this application. Speakers The Mayor called for speakers for and against the application and the following addressed Council. cont'd....Clause No. 4 (cont'd) Ms. Nora Kelly, on behalf of Strathcona Residents Association, advised the Association is in support of the application. However, a concern was raised that the applicability of this application to duplexes may result in increased demolition of existing housing stock, and staff was requested to maintain a list on the number of homes lost to demolition. Ms. Kelly also raised concerns about the enforcement of existing regulations. Since the new zoning was approved over three years ago, there have been instances of City staff issuing permits for applications which do not meet the guidelines. Council was requested to expand the current review of the permit process to include improving staff knowledge of by-laws, as well as efficiency and expediency. Staff Closing Comments Mr. Rob Whitlock advised that staff would maintain a list of demolitions in the area, as requested by the delegation. In regard to concerns raised about enforcement, Mr. Whitlock suggested that staff could meet with the Strathcona Residents Association to address these issues. Council Discussion Council members commented on the enforcement issue raised by the delegation, and stressed the City's responsibility to the neighbourhood to ensure this enforcement is properly conducted. Staff were instructed to meet with the Strathcona Residents Association concerning enforcement issues. MOVED by Cllr. Kennedy, THAT this application be approved. - CARRIED UNANIMOUSLY RISE FROM COMMITTEE OF THE WHOLE Moved by Cllr. Bellamy, THAT the Committee of the Whole rise and report. - CARRIED UNANIMOUSLY ADOPT REPORT OF COMMITTEE OF THE WHOLE MOVED by Cllr. Bellamy, SECONDED by Cllr. Puil, 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 Meeting adjourned at 11:15 p.m.