CITY OF VANCOUVER1 SPECIAL COUNCIL MEETING

CITY OF VANCOUVER 1

SPECIAL COUNCIL MEETING

A Special Meeting of the Council of the City of Vancouver was held
on Tuesday, June 25, 1996, at 7:30 p.m., in the Council Chamber, third
floor, Vancouver City Hall, for the purpose of holding a Public Hearing
to consider proposed amendments to the Zoning and Development By-law.

PRESENT: Mayor Owen
Councillors Bellamy, Chiavario, Hemer, Ip,
Kennedy, Price, Puil and Sullivan

ABSENT: Councillor Clarke (Civic Business)
Councillor Kwan (Leave of Absence)

CLERK TO THE COUNCIL: Gary MacIsaac

COMMITTEE OF THE WHOLE

MOVED by Cllr. Bellamy,
SECONDED by Cllr. Hemer,
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

1. Rezoning: 1730 West Georgia Street
(former Testing Station)

An application by Davidson Yuen Simpson Architects was considered
as follows:

The proposed rezoning, from RM-6 Multiple Dwelling District to CD-1
Comprehensive Development District, would:

- permit the development of 156 market dwelling units in a
22-storey multiple dwelling on the east end of the site, and
10 non-market dwelling units in a 3-storey multiple dwelling
along Alberni Street;

cont'd....

Clause No. 1 (cont'd)

- limit density to a maximum floor area of 12,270 m2 (132,075
sq. ft.). This is a floor space ratio of 3.10, which will
permit 2 400 m2 (25,850 sq. ft.) above the 2.50 FSR permitted
under the existing zoning. The additional floor area has been
requested to off-set the cost of providing the 10 units of
non-market housing;
- limit height to a maximum of 64.0 m (210 ft.); and
- provide 191 underground parking spaces.

The Director of Land Use and Development recommended approval of
the application, subject to the following conditions as proposed for
adoption by resolution of Council:

(a) THAT the proposed form of development be approved by Council in
principle, generally as prepared by Davidson Yuen Simpson
Architects, and stamped "Received, City Planning Department,
February 20 and May 1, 1996," provided that the Director of Land
Use and Development 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 Land Use and Development, who shall have particular
regard to the following:

i) design development to reduce opportunities for break and enter
to ground level uses;
ii) design development to reduce opportunities for theft from
automobiles;
iii) design development to improve visibility in the underground
parking;
iv) design development to reduce opportunities for graffiti on
lower blank exposed walls;
v) design development to add windows to sides of end townhouses
to improve surveillance;
vi) design development to realign the tower entrance to face the
street at a distance of no more than 15.0 m.

i) make arrangements for all electrical and telephone services to
be undergrounded within, and adjacent to, the site from the
closest existing suitable service point;

cont'd....

Clause No. 1 (cont'd)

ii) make arrangements to the satisfaction of the General Manager
of Engineering Services for the provision of a sidewalk on the
north side of Alberni Street from Bidwell Street to the west
property line of the site;

iii) enter into a housing agreement to the satisfaction of the
Manager of the Housing Centre to ensure that the 10 non-market
units will be sold to a non-profit society having no
association whatsoever with the developer and, further, to
ensure that the 10 units are provided with a minimum of 11
parking spaces, and are sold in one block, to be rented to
core-need families for the life of the project; and

iv) submit a report from an acoustical consultant which assesses
noise mitigating measures, to the satisfaction of the
Environmental Health Officer.

STAFF OPENING COMMENTS

Mr. Ian Smith, Planner advised that instead of proceeding under
RM-6 zoning at 2.5 FSR, the developer sought to satisfy some city
objectives in providing non-market housing. Ten non-market family units
have been included in this proposal, with a requested density bonus to
offset the cost of providing these units at a reduced value.

Staff consider these ten non-market family units to represent a
clear public benefit in this area.

Mr. Smith advised the issue before Council is the manner in which
density is handled on the site. The initial submission from the
applicant provoked staff, Urban Design Panel and neighbourhood concern
and was not supportable. The redesign before Council has reduced the
floor plate from 6,400 square feet to 6,140 square feet, but this is
still a departure from the Georgia/Alberni guidelines, which recommend a
maximum floor plate of 5,500 square feet.

APPLICANT OPENING COMMENTS

Mr. Ron Yuen, architect, advised he was appearing on behalf of the
Wall Financial Group who are the developers for the project.

cont'd....

Clause No. 1 (cont'd)

Mr. Yuen reiterated that the only reason for the rezoning
application is the request to develop ten units of non-market family
housing. With the decline in Federal and Provincial housing, municipal
governments need to show leadership in providing alternative methods to
deliver more non-market housing. This private/public partnership
between CMHC, the Wall Financial Group and the City of Vancouver is an
important step in creating more non-market housing in the City.

Mr. Yuen requested one correction to change the number of market
units from 158 to 160, for a total number of units of 170. This will not
change the density of the site.

SUMMARY OF CORRESPONDENCE

A review of the correspondence on this application indicated three
letters opposing the application (one letter containing 12 signatures).

SPEAKERS

The following speakers opposed the application:

- Nina Ferretti,(brief on file, and petition with 9 names on
file)
- William Duncan
- Representative of Strata VR 1957 (petition of file with 17
signatures)
- Christer Myrberg (brief on file)

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

- The neigbhourhood is not opposed to social housing or a tower on
this site. However, it is recommended this particular application
be rejected because it does not conform to the RM-6 guidelines;

- The high rise component in this proposal exceeds every restrictive
covenant of the RM-6 schedule including floor area, floor plate,
building envelope and height;

cont'd....

Clause No. 1 (cont'd)

- Reductions from earlier proposals or comparisons to Bayshore
developments are not valid reasons for relief from RM-6
requirements;

- There has been insufficient communication with the neighbourhood on
this application. The developer should meet with local residents
before approval;

- The bulk of the Tower should be moved to in the middle of the site.
Consistent with West End guidelines, the tower should be kept slim;

- If a tower must be built, align its height with buildings in
immediate vicinity;

- The tower should be aligned north toward Georgia Street;

- The parking entrance should be relocated from Alberni to Bidwell;

- This is the West End and policies from the Downtown relating to
density bonus calculation should not be imported into the area;

- This application is a departure from the CityPlan vision which
proposed tall thin towers.

Responding to a question from a member of Council concerning the
rationale for the proposed parking access, Mr. Smith advised this
location was required to conform, in part, with the potential
development of the Alberni Connector.

APPLICANT CLOSING COMMENTS

Mr. Ron Yuen advised discussions are proceeding with the YWCA for
its sponsorship of the non-market housing. They have advised these type
of family units are best suited to low rise housing, as opposed to the
high rise. This is the reason for the current proposed design.

Mr. Yuen also advised the applicant has complied with all aspects
of the Georgia/Alberni guidelines, with the exception of the maximum
floor plate recommendations. The proposed variance is due to density
bonus accompanying the provision of the additional ten non-market family
housing units.

cont'd....

Clause No. 1 (cont'd)

STAFF CLOSING COMMENTS

Mr. Ian Smith advised staff and the Urban Design Panel view this
application as a substantial improvement from the earlier proposal and
recommend its approval. The issue before Council is density and the
floor plate of the Tower.

Mr. Smith advised that many of the concerns articulated by the
neighbourhood emerged in the past couple of weeks after the application
had been referred to Public Hearing by Council, and staff were unable
to arrange a neighbourhood information meeting. However, there are ways
staff could respond to these concerns within the existing guidelines.
There is an opportunity to shift the Tower 10 feet to the West, thus
opening up views through Bidwell Street. Also, there is a possibility
some of the market housing could be relocated to the townhouse element
on Alberni Street. There is also an opportunity to change the
orientation of the townhouses, and provide more space for additional
units, which would reduce the density in the Tower.

Mr. Rick Scobie, Director of Land Use and Development, advised that
in this instance, given the absence of senior government funding for non
market housing, staff believe this is a worthy and supportable public
benefit in exchange for the additional density. This is one of the
first examples of the private sector using the new City mechanism
enabling public/private sector partnerships.

COUNCIL DISCUSSION

During discussion members of Council expressed concern with the
departure from the RM-6 guidelines, and the potential precedent which
may be established for this area. It was emphasized the West End should
not be considered in the same manner as the Downtown. Members of
Council were in agreement that a slimmer tower could be achieved by
requiring the tower to conform to the RM-6 guidelines, and moving any
additional density to the middle of the site.

One member of Council expressed concern with this approach due to
the resulting loss of green space.

Council members also expressed concern that the parking entrance
was being affected by the potential development of the Alberni
Connector, which Council has already decided will not proceed.

cont'd....

Clause No. 1 (cont'd)

It was also stated that additional public consultation is required
on this application.

MOVED by Cllr. Kennedy,
THAT the CD-1 rezoning be approved in principle, but that the Tower
conform to the RM-6 guidelines and any remaining bulk from the Tower be
transferred to the middle of the site;

FURTHER THAT Condition A regarding the form of development not be
approved, and the applicant be instructed to further explore with staff
and the community an alternative that would utilize the bonus density in
the lower levels and interior portion of the site, mindful of the
Georgia/Alberni Guidelines, and this form of development be reported
back to Council for approval;

AND FURTHER THAT the access to parking be reviewed and staff report
back on the parking entrance noting, that the options are Alberni and
Bidwell;

AND FURTHER THAT staff report back on changes to the
Georgia/Alberni Guidelines to delete any reference to the Alberni
connector, and traffic movements to implement the connector, including
consideration of permitting parking access on north/south streets.

- CARRIED

(Councillor Sullivan opposed)
MOVED by Cllr. Price,
THAT the Manager of Real Estate Services be instructed not to
negotiate a corner cut at Georgia and Bidwell Streets.

- CARRIED UNANIMOUSLY

(Councillor Chiavario was not present for the vote
on Clause No. 1)

2. Text Amendment: Sign By-law
(Free-Standing and Changeable Copy Signs)

An application by the Director of Land Use and Development was
considered as follows:

The recommended amendments to the Sign By-law entitled
"Free-Standing and Changeable Copy Signs" would allow a number of
uses, including schools and churches, to have larger free-standing
signs than presently permitted.

The draft by-law entitled "Vancouver Technical Secondary School"
would, in addition, allow Vancouver Technical Secondary School to
construct an illuminated free-standing sign, at a maximum size of 5
m2, containing automatic changeable copy.

The Director of Land Use and Development recommended approval of
the draft by-law entitled "Free-Standing and Changeable Copy Sign".

The draft by-law entitled "Vancouver Technical Secondary School" is
put forward for Council's consideration, but is not recommended for
approval.

STAFF OPENING COMMENTS

Ms. Pat Johnston, Planner, advised the first by-law amends the Sign
By-Law to allow larger free standing signs in residential districts than
are presently permitted for certain uses on large sites, and it would
allow manual changeable copy, but not automatic changeable copy. The
second by-law would carry out a site specific amendment to the Sign
By-Law which would allow approximately one-half of the proposed sign to
be comprised of automatic changeable copy.

Ms. Johnston advised that staff recommend the first by-law, but not
the second, because of concerns about the impacts of automatic
changeable copy signs in residential districts, and also because of the
precedence of amending the Sign By-law to create site specific sign
regulations.

CORRESPONDENCE

A review of the correspondence on this application showed one
petition containing 154 signatures supporting the installation of a sign
at Vancouver Technical Secondary School.

cont'd....

Clause No. 2 (cont'd)

SPEAKERS

Mayor Owen called for speakers for and against the application, and
none were present.

MOVED by Cllr. Hemer,
THAT the draft by-laws entitled "Free-Standing and Changeable Copy
Signs" and "Vancouver Technical Secondary School" be approved.

- CARRIED UNANIMOUSLY

3(a) Rezoning: Dundas-Wall Streets "Let Go"
Industrial Area - Area 2 (Park)

An application by the Director of Land Use and Development was
considered as follows:

The proposed rezoning from M-1 Industrial District to RS-1
One-Family Dwelling District, would better reflect the existing and
proposed park usage of these lands.

The Director of Land Use and Development recommended approval of
this application.

3(b) Rezoning: Dundas-Wall Streets "Let Go"
Industrial Area - Area 3 (C-2 Mixed Use)

An application by the Director of Land Use and Development was
considered as follows:

The proposed rezoning from M-1 Industrial District to C-2
Commercial District would permit an opportunity for additional
housing, and commercial services compatible with adjacent
residential uses.

The Director of Land Use and Development recommended approval of
this application.

STAFF OPENING COMMENTS

Ms. Heike Roth, Planner, advised the Dundas Wall area was
designated as an industrial let-go area in 1990. It is currently zoned
M-1 Industrial, and despite this zoning, the area has evolved and
currently has a number of commercial uses.

cont'd....

Clause No. 3(a) & (b) (cont'd)

In analysis of the study area, staff have developed three
sub-areas. It is recommended Sub-area One remain industrial, as it
serves as a buffer between the heavy industrial uses and the port, and
the residential and mixed uses. Sub-Area Two is all parkland and RS-1
zoning is recommended. C-2, Commercial zoning is recommended for
Sub-area Three because staff believe commercial and residential uses
should be encouraged, as they are compatible with adjacent residential
uses and provide for neighbourhood community services.

In terms of development cost levies for the area, Ms. Roth advised
DCL's would apply to Sub-Areas Two and Three. It is anticipated
$430,000 in development cost levies would be collected as the area
develops, with this money being spent on park development and street
improvements in the area.

CORRESPONDENCE

There was no correspondence received on this matter.

SPEAKERS

Mayor Owen called for speakers for and against the application, and
none were present.

COUNCIL DISCUSSION

A member of Council expressed concern with RS-1 zoning for the
parkland, when one of the parks has not yet been officially designated
by Council.

MOVED by Cllr. Chiavario,
THAT the applications be approved;

FURTHER THAT staff be instructed to report back to Council on the
status of the designation of the parks and the property owned by the
Board of Parks and Recreation.

- CARRIED UNANIMOUSLY
CONFLICT OF INTEREST

Prior to consideration of Item #4, Councillor Sullivan declared a
conflict of interest, due to the fact he is a tenant at the Plaza of
Nations site, and left the meeting.

4. Rezoning: 750 Pacific Boulevard
(Family Sports and Entertainment Centre)

An application by the Director of Land Use and Development was
considered as follows:

The proposed rezoning from BCPED District to CD-1 Comprehensive
Development District, would create a CD-1 zoning for the Place of
Nations site, principally to allow a Family Sports and
Entertainment Centre within one of the three existing buildings on
the Plaza of Nations site.

The Director of Land Use and Development recommended approval of
the application, subject to the following condition proposed for
adoption by resolution of Council:

(a) That Council approve the form of development for the Family
Sports and Entertainment Centre, as presented under
Development Application No. DE217755.

Also before Council was a memorandum from R. Scobie dated June 25,
1996, which advised the rezoning of this site to CD-1 was approved in
principle at a Public Hearing on May 16, 1995, including the Family
Sports and Entertainment Use. However, enactment has been delayed
pending resolution of a condition to provide a right-of-way for the
proposed False Creek streetcar.

If the current proposed rezoning to CD-1 is approved and enacted,
it is intended it be rescinded upon enactment of the earlier rezoning.

STAFF OPENING COMMENTS

Mr. Rick Scobie, Director of Land Use and Development, explained
that in May of 1995, Council had before it two applications regarding
the Plaza of Nations site. One application was for a general CD-1
rezoning that addressed a variety of existing problems, and would bring
that site into current times from a zoning perspective. At the same
time there was an application brought forward by a proponent who wished
to use a part of the site for a Family Sports and Entertainment Centre.

cont'd....

Clause No. 4 (cont'd)

Council approved in principle both initiatives. However, Council
attached conditions to the general site rezoning, and these conditions
are still outstanding, so the by-law cannot be enacted. This has also
prevented the Family Sports and Entertainment Centre from proceeding.

The present application before Council is an administrative
procedure to enable the Family Sports and Entertainment Centre to be
detached from the general CD-1 rezoning. This will enable it to proceed
as an interim zoning, to be rescinded when the general zoning is
enacted.

APPLICANT OPENING COMMENTS

Mr. Martin Thompson advised the application before Council is the
same as the application approved in May, 1995. The delay in enactment
has not been caused by anything he has done, but rather with conditions
attached to the general CD-1 rezoning.

Mr. Thompson advised there was a large number of speakers and a
large volume of correspondence in favor of correspondence in May, 1995.
As there is no new information present here, they will not be appearing
at this public hearing.

CORRESPONDENCE

A review of correspondence received indicated one letter opposing
the application, and a paper on "Youth and Gambling" received from the
Citizens Against Gambling Expansion.

SPEAKERS

The following speakers opposed the application before Council:

- Joe Arnaud
- Joan Morelli
- Harvey Pudwell
- Eleanor Hadley
- Isabelle Minty (brief on file, petition on file containing
over 530 signatures opposing the application)
- Joe Russell
- Connie Fogal
- James Lee

cont'd....

Clause No. 4 (cont'd)

- Robert Douglas
- Clara van der Molen

The foregoing opposed the application on one or more of the
following grounds:

- Redemption games are gambling and should not be permitted. There
is no difference between winning money or a stuffed toy;

- This application will encourage gambling by children and youths. A
recent study in Alberta has shown young people are four times more
likely than adults to be at risk and experience some problems from
gambling. Council should act to protect the youth population by
refusing this application;

- Gambling is damaging to families, and presents a huge cost to the
public purse;

- The applicant should be required to have each type of game reviewed
by a third party to determine if they include gambling;

- Vancouver is being targetted by other larger corporations for theme
parks, which will include arcades;

- Council should not approve this application until the conditions of
rezoning such as parking and a right-of-way are met;

- This project is being referred to as a "family" project, which is
misleading.

APPLICANT CLOSING COMMENTS

Responding to a question from a member of Council, Mr. Martin
Thompson assured Council the sole test for the redemption games is one
of skill. If a certain output is achieved, a certain prize is won.
These are not games of chance.

COUNCIL DISCUSSION

During discussion, Council reiterated its commitment to reviewing
this project after a 12 month period, and stressed its intent not to
approve any similar types of applications until after this review is
completed.

cont'd....

Clause No. 4 (cont'd)

A member of Council also suggested the License By-Law be amended to
prohibit games of chance at this location, given Mr. Thompson's
commitment that only games of skill would operate at his facility.

MOVED by Cllr. Hemer,
THAT the application be approved, subject to the condition as set
out in this minute of the Public Hearing;

FURTHER THAT staff be instructed to amend the License By-law to
prohibit games of chance at this location, and in the event that it is
not possible to amend the License By-law in this manner, then staff
report back at the time of enactment on measures proposed to meet
Council's intent; AND FURTHER THAT staff be instructed to advise other applicants
seeking similar approvals to the Family Sports and Entertainment Centre,
that Council is unwilling to consider such applications until an
evaluation has been completed of this project after 12 months.
- CARRIED UNANIMOUSLY

RISE FROM COMMITTEE OF THE WHOLE

MOVED by Cllr. Hemer,
THAT the Committee of the Whole rise and report.

- CARRIED UNANIMOUSLY

ADOPT REPORT OF THE COMMITTEE OF THE WHOLE

MOVED by Cllr. Hemer,
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 adjourned at 10:50 p.m.