LATE DISTRIBUTION FOR COUNCIL JULY 30, 1996 4 CITY OF VANCOUVER SPECIAL COUNCIL MEETING MINUTES June 27/July 23, 1996 A Special Meeting of the Council of the City of Vancouver was held on Thursday, June 27, 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 and Heritage By-laws. The meeting subsequently reconvened on Tuesday, July 23, 1996 at 7:30 p.m., to complete Item #4, 7400 Oak Street (Oakherst). These minutes represent a consolidated version of the two meetings. PRESENT: Mayor Owen Councillors Bellamy, Chiavario, Clarke (Items 1-3 only), Hemer, Ip, Kennedy (Item 4 only), Price, Puil (Item 4 only) and Sullivan ABSENT: 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 and Heritage By-laws. - CARRIED UNANIMOUSLY 1. Rezoning: 3350 East Hastings Street (Emergency Operations & Communication Centre) An application by Brook Development Planning Inc. was considered as follows: The proposed rezoning from CD-1 and RS-1S Districts to CD-1 Comprehensive Development District, would permit the City of Vancouver to develop a 6 503 m2 (70,000 sq. ft.) communication facility for Vancouver fire and police and RCMP emergency communications, regional 9-1-1 systems and Vancouver, Regional and Provincial post-disaster emergency operations, with ancillary communications antennae, offices, recreation facilities and community facilities. 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, prior to approval by Council of the form of development, the applicant shall, after carrying out a public process to the satisfaction of the Director of Planning, obtain approval of a development application by the Development Permit Board, who shall have particular regard to the following: i) demonstrate that options are preserved to achieve a safe public pedestrian/bicycle connection across Hastings Street at both Rupert and Cassiar Streets; ii) provide an acoustic impact assessment report to the satisfaction of the Vancouver Health Board Director of Environmental Health; iii) demonstrate that the installation of transmitters/microwave antennae would comply with Safety Code 6 of the Federal Government Radio Frequency and Microwave Exposure Standards to ensure that electromagnetic fields do not endanger health and safety; iv) provide an appropriate transition in massing, scale and building articulation along the southern edge to respect the adjacent RS-1S neighbourhood; v) provide view analysis to demonstrate how the siting and massing of the proposed development have minimized significant mountain view loss for RS-1S development on the south side of Pender Street; cont'd.... Clause No. 1 (cont'd) vi) provide a landscape plan that achieves screening for surface parking, exposed equipment and utilities; vii) provide non-obtrusive site lighting, including parking areas, that respects the adjacent RS-1S neighbourhood; and viii)reduce opportunities for theft from auto, bicycle theft, break and enter and mischief such as graffiti and skateboarding. Design that reduces fear should also be considered. B. THAT, prior to enactment of the CD-1 By-law, the registered owner shall: i) consolidate lots 1-14 and 30-32 of Lot 60; T.H.S.L.; Plan 330; and the adjacent portion of Rupert Street; ii) also consolidate with Lots 1-14 and 30-32; of Lot 60; THSL; Plan 330; and the adjacent portion of Rupert Street; the adjoining Lots 27-29; of Lot 60; THSL; Plan 330; if purchased by the City; iii) make arrangements for all electrical and telephone services to be undergrounded within and adjacent the site from the closest existing suitable service point; iv) dedicate portions of Lots 1, 2 and 9 through 15 for road, approximately as shown on the site plan attached to the rezoning application; v) provide an access corridor to the Hastings Street transit tunnel. (Note: Clarification from the Ministry of Transportation and Highways and B.C. Transit is required to determine an adequate width for this corridor.); vi) abandon existing sewers in lanes within the proposed site area; cont'd.... Clause No. 1 (cont'd) vii) provide a right-of-way between Hastings and Pender Streets to accommodate the existing 8" watermain, electrical lines and power poles on Rupert Street, and for future water and sewer mains, as well as to ensure the provision of an adequate right-of-way width for road purposes, with the cost of any required street works to be borne by the developer; viii)relocate the existing utilities and power poles which are located in the two lanes. Note: Although the buildings have been removed from Lots 16 to 25, there is still a legal obligation to provide service to these lots until consolidation is completed; ix) obtain City Council approval for the closure and stopping-up of the lane north of Pender Street east of the lane east of Rupert, the lane east of Rupert from Hastings to Pender Street, and a portion of Rupert Street from Hastings to Pender Street; x) provide a traffic/parking study to determine impacts to adjacent local and arterial streets, having particular regard to site access; xi) acquire privately owned Lots 27, 28 and 29, or provide a six metre wide laneway to serve the lots; and xii) complete acquisition of the portions of Lots 25 and 26 not needed for the Cassiar Connector. STAFF OPENING COMMENTS Mr. Tom Phipps, Planner, advised this application, on behalf of the City, would provide zoning to accommodate the use and development potential necessary for a day-to-day and post-disaster communications and operations centre with City, regional and Provincial functions. These functions would not normally include dispatch of emergency vehicles from the site. Mr. Phipps advised this site is better suited to an institutional use of this type, not involving the public on a day-to-day basis, than it is to most other types of uses. The proposed density marginally exceeds that of the adjacent RS-1 districts, and is well within the range of density typically recommended for sites adjacent to RS-1 districts. cont'd.... Clause No. 1 (cont'd) Detailed design issues will be dealt with through the development permit process, with opportunity for the public to appear at the Development Permit Board. Prior to that meeting the applicant is encouraged to conduct an open dialogue on design questions. APPLICANT OPENING COMMENTS Mr. Chuck Brook, on behalf of the Emergency Operations and Communications Centre team, briefed Council on the public consultation which has occurred to date. The team has had several meetings with the Hastings Park Planning Committee and has responded to the nine directives that were put forward by the Committee. Also, a community meeting was held and the team has attempted to accommodate public concerns in the evolving design of the EOCC. The development permit application will be presented to the community at the same time it is submitted to the City, and the community will have a full opportunity to present their views to the Development Permit Board. Mr. Brook requested the following amendments to the application before Council: - Condition B(v) calls for the provision of an access corridor to the Hastings Street transit tunnel. Discussions with the Hastings Park Working Committee have indicated there is no intention to have bus service flow through the tunnel into the Hastings Park site. Therefore, it is requested this condition be deleted. - Condition B(xii) requires the completion of the acquisition of portions of Lot 25 and 26 not needed for the Cassiar Connector. These are Ministry of Highways owned lots beside the Cassiar Connector. This is an issue of ownership rather than function, as this land already functions as a lane. The City is presently pursuing this acquisition, but if unsuccessful, this would prevent by-law enactment. It is recommended this condition be deleted and the acquisition be pursued outside the context of the rezoning application. - An amendment to Section 3.3 of the draft by-law is requested which would permit exclusions contained in RM-4 zoning, rather than the current exclusions which are based on RS-1 zoning. Specifically, the following amendment is requested: "The following shall be excluded in the computation of floor space ratio: cont'd.... Clause No. 1 (cont'd) (c) where floors are used for off-street parking and loading, bicycle storage, electrical and mechanical equipment, or uses which in the opinion of the Director of Planning are similar to the foregoing, those floors or portions thereof so used, which are at or below the base surface." SUMMARY OF CORRESPONDENCE The following correspondence was received regarding this application: - Copy of neighbourhood information meeting minutes of June 4th and June 5th, 1996. Minutes prepared by Brook Development Planning Inc.; - Memorandum from the Board of Parks and Recreation dated June 27, 1996 recommending that the development be required to: a) provide a greenway linking the tunnel into the Hastings site. b) work out an arrangement regarding parking spaces so that they are outside of the Hastings park site. - letter acknowledging the project needs to proceed, and suggesting citizen-friendly and user-friendly criteria to be incorporated into the development. SPEAKERS Mr. Victor Gallagher, area resident, registered concerns about traffic implications arising from this project, particularly the installation of another traffic signal on Hastings Street between Windermere and Cassiar Streets. Ms. Marion Olivieri, on behalf of the Hastings Community Association and Hastings Park Working Committee, advised the community recognizes the importance of the functions the EOCC will provide for the City and the Province. However, the community has not welcomed the placement of this project in the neighbourhood and is not convinced this is the only site that could accommodate this development. It was questioned whether a project this size is suitable next to a major green park in the City. cont'd.... Clause No. 1 (cont'd) Ms. Olivieri advised of two problems with the project which need to be addressed: the transformation of Rupert Street into a parking lot and the negative impact this will have on pedestrians and cyclists accessing Hastings Park, and safety conditions associated with the transit tunnel on the eastern edge of this project, which will be negatively impacted by this development. A proposed amendment to the conditions of approval was also put forward recommending: "that options be preserved to achieve a safe public pedestrian and bicycle connection across Hastings Street at both Rupert and Cassiar Street, and that these two connections be improved and that it is the responsibility of the EOCC project team to design and implement these improvements." APPLICANT CLOSING COMMENTS Responding to questions from members of Council concerning the installation of a light at Hastings Street and Rupert Street, Mr. Chuck Brook advised this issue will be resolved at the Development Permit stage. However, the EOCC team does favor a light because they are trying to prevent traffic from the EOCC using the neighbourhood to the South, even though traffic volumes are small. Three options were developed by a traffic consultant and they are currently under review by the Engineering Department. COUNCIL DISCUSSION During discussion, a member of Council commented on the potential safety problems arising from a light at Hastings and Rupert and suggested the team consider utilizing the existing transit tunnel at this site. MOVED by Cllr. Hemer, THAT the application be approved, subject to the conditions as set out in this minute of the Public Hearing, and subject to deletion of conditions B(v) and B(xii), and the following amendment to Section 3.3 of the draft by-law: "The following shall be excluded in the computation of floor space ratio: (c) where floors are used for off-street parking and loading, bicycle storage, electrical and mechanical equipment, or uses which in the opinion of the Director of Planning are similar to the foregoing, those floors or portions thereof so used, which are at or below the base surface." - CARRIED UNANIMOUSLY Items 2(a) and 2(b) were considered by Council concurrently. 2(a) Rezoning: 901-967 and 940-990 Seymour Street (Dominion Motors Building) An application by Architectura, Waisman Dewar Grout Carter, Inc. was considered as follows: The proposed rezoning from DD Downtown District to CD-1 Comprehensive Development District, would permit the transfer of 7 125.4 m2 (76,000 sq. ft.) of developable floor area (heritage bonus and residual density) from 901-967 Seymour Street, across the street to 940-990 Seymour Street, thereby allowing the rehabilitation and heritage designation of the former Dominion Motors Building and preservation of a Council-approved view corridor. Subsequent development of the remaining portions of the two Sites will be generally controlled by Downtown South Guidelines. Amendment to the Sign By-law and other consequential amendments are required. 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, Council, at the time of CD-1 By-law enactment, adopt guidelines entitled "901-67 and 940-90 Seymour Street CD-1 Guidelines", presented at the Public Hearing; B. THAT, prior to approval by Council of the form of development, the applicant shall obtain approval of a development application by the Development Permit Board who shall have regard to the following: i) design details to incorporate crime prevention through environmental design (CPTED) principles; ii) provision of recycling/garbage facilities to the satisfaction of Engineering Services; iii) submission of a detailed landscape plan; and iv) submission of an acoustical consultant's report assessing noise impacts on the site in particular noise generated by the adjacent Granville commercial district, recommending noise mitigation measures to achieve noise livability criteria; C. THAT, prior to enactment of the CD-1 By-law, the registered owner shall, at no cost to the City: cont'd.... Clause No. 2 (cont'd) i) obtain and submit to the City a letter from the Ministry of Environment indicating that a soils analysis site characterization has been completed by a professional recognized in this field; and provide a legal agreement, which may be registered against the property, at the discretion of the Director of Legal Services, in consultation with appropriate Department Heads, indemnifying the City against any liability which may be incurred by the City as a result of any contamination present on the site and providing a program of remediation as may be deemed necessary and approved by the Ministry of Environment, in a sequence of steps to be prescribed, monitored and certified complete by such a professional and approved by the Ministry; ii) execute an agreement, to the satisfaction of the Director of Legal Services, to not discriminate against families with children in the sale of residential units; iii) make suitable arrangements, to the satisfaction of the Director of Legal Services and the Approving Officer, to provide for: - subdivision of the westerly site into two parcels (Dominion Motors/Staples and remaining); and - future consolidation of the easterly site in accordance with a development permit; (Note to the applicant: Parking for the Dominion Motors site will need to be secured on the adjoining site at the time of subdivision.) iv) make suitable arrangements, to the satisfaction of Engineering Services, for any new electrical and telephone services to be undergrounded within and adjacent to the site from the closest, existing suitable service point; v) designate the building at 901 Seymour Street (Dominion Motors Building) under Schedule "A" of the City's Heritage By-law; (NOTE: Prior to enactment of the CD-1 By-law, the registered owner will provide a letter waiving future compensation demands for this designation.) cont'd.... Clause No. 2 (cont'd) vi) execute an agreement, to the satisfaction of the Director of Legal Services in conjunction with the Director of Planning, which will provide for completion of the historically-accurate window replacement on the Dominion Motors Building prior to issuance of occupancy permits on the adjoining site; and vii) execute an agreement, to the satisfaction of the Director of Legal Services, to ensure participation in the City of Vancouver public arts program, including the contribution of $0.95 per sq. ft. ($10.23 per m2) of commercial and residential floor area, and excluding bonused floor area related to heritage preservation, totalling $379,860. 2(b) Heritage Designation: 901 Seymour Street (Dominion Motors Building) An application by Architectura, Waisman Dewar Grout Carter, Inc. was considered as follows: The proposed amendment to Heritage By-law No. 4837 would designate the Dominion Motors Building (901 Seymour Street), as protected heritage property. The Director of Land Use and Development recommended approval of the application, subject to the following condition proposed for adoption by resolution of Council: That, prior to enactment of the CD-1 By-law for the site, and the enactment of the Heritage By-law, a letter waiving claims for future compensation be signed by the owner, to the satisfaction of the Director of Legal Services. Also before Council was a memorandum from R. Scobie dated June 27, 1996, which recommended the following amendments to the application before Council: 1. Amend Section 2 (Uses) in the draft By-law with the following additions: - Add Item (f) (Retail Uses) "Furniture or Appliance Store"; - Add to Item (g) (Service Uses) "Animal Clinic", "Catering Establishment", "School - Arts or Self-improvement", "School - Business", "School - Vocational or Trade"; and cont'd.... Clause No. 2 (cont'd) - Add "Print Shop" and "Production Studio" as uses which may be permitted in the existing Dominion Motors building only. 2. Amend Section 4 (Floor Space Ratio) in the draft By-law by changing the floor space ratio for the listed uses from 1.0 to 1.5. 3. Amend Section 7(c) (Off-Street Parking and Loading) by deleting the words "and one space for each of the three towers" and replace with "(minimum of one per tower)". 4. Modify condition of approval 3(iv) to read provide for "historically-accurate replication of the outside appearance of the windows." 5. Amend the Draft CD-1 By-law under Section 6 (Height) by adding the following: The Director of Planning may relax the height on Site 1, where demonstrated that such relaxation will not adversely affect Council-adopted guidelines for view corridors. 6. Add the following condition of approval to Appendix B: 2(v) submission of additional graphic material to determine compliance of mechanical penthouse with Council-approved view cones. STAFF OPENING COMMENTS Mr. Rob Whitlock, Planner, advised this application provides for the transfer of approximately 50,000 square feet of density and 26,000 square feet of residual density, due to a view cone requirement. The approach here involves a CD-1 zoning with guidelines but no specific form of development. Mr. Whitlock referred to a number of amendments contained in a memorandum from Rick Scobie dated June 27, 1996, which provide greater flexibility for this site. Staff support these amendments because of the importance of securing the retention of the Dominion Motors Building. In addition to the amendments contained in the June 27 memorandum, Mr. Whitlock recommended Section 3 of the draft by-law also be amended to state the Dominion Motors Building is exempted from this section. Mr. Whitlock noted that issues relating to height of the ceilings in the units and public art contributions will require direction from Council. cont'd.... Clause No. 2 (cont'd) APPLICANT OPENING COMMENTS Mr. Bruce Hamilton, on behalf of the property owners, advised an essential element of this rezoning is the designation of the Dominion Motors building as a heritage property. Council was requested to consider two items in the recommendations which are of concern to the applicant. The first matter relates to the issue of extra height floors. The Planning Department recommends that any ceiling height over twelve feet be counted at double FSR, while the applicant feels it should be counted at 1.4 FSR, in order to accommodate the development of mezzanines. The staff recommendation will make the project uneconomic, and is unfair because it will treat this property differently than other properties in the Downtown. The ceiling height issue is expected to be before Council for a policy decision shortly, but it is unfair to treat this property differently until the policy has been established. The second matter relates to the applicant's request that the entire site be exempted from a public art contribution. Mr. Hamilton advised the establishment of a public art contribution is typically set on a case by case basis. The applicants rationale is based on the substantial amount of money already spent on the heritage designation, and the fact the Vancouver Charter does not permit the waiving of Development Cost Levies for the heritage bonus area. This request is consistent with other precedents in the City. SUMMARY OF CORRESPONDENCE A review of the correspondence indicated one letter supporting the application and one letter opposing the application. SPEAKERS Mr. E.R. Shymka, adjoining property owner, expressed support for the application, and suggested the same type of flexibility be extended to his adjoining property when it is redeveloped. Mr. Brad Holme advised that with respect to the ceiling issue, this has been an issue that staff have been working on for over a year, and no report has been forthcoming to Council. This is creating uncertainty in the market, and staff should be requested to bring forward this policy report as soon as possible. cont'd.... Clause No. 2 (cont'd) APPLICANT CLOSING COMMENTS Mr. Hamilton reiterated this application will retain the Dominion Motors Building, which was deemed by the City to be a valuable objective. The concessions being granted in exchange for this designation are not out of the ordinary. STAFF CLOSING COMMENTS Mr. Rob Whitlock advised staff recommend approval of this application, noting the preservation of the Dominion Motors Building is the prime focus here. Responding to questions from members of Council concerning the issue of ceiling heights, Mr. Whitlock advised that if Council has reservations concerning the staff proposal of double counting FSR for floor to ceiling heights greater than 12 feet, then staff recommend this clause be deleted at this time. Responding to questions about noise at this location and the impact on future residents, Mr. Whitlock advised the Police Department recommendation that potential occupants sign a covenant advising they are aware this is a noisy area, is not supported by the Law Department. Instead staff recommend they be instructed to review the issue of noise relating to the abutting Entertainment District at the Development Permit stage. COUNCIL DISCUSSION During debate on this issue, Council members expressed concern with being required to make a decision on the ceiling height issue at this time, before Council policy has been set in this area. After receiving assurances from staff that this is a CD-1 rezoning, and this decision will not prejudge the policy, Council was in agreement that twelve foot ceiling heights should not be encouraged in this application, because they will result in illegal and unlivable mezzanines being developed in the future. Council was also in agreement that the issue of noise must be carefully considered, noting that perspective occupants will be voluntarily residing in a busy traffic area and an area abutting the Entertainment District. It was agreed staff should further review this matter at the Development Permit stage. cont'd.... Clause No. 2 (cont'd) MOVED by Cllr. Price, THAT this application be approved, subject to the conditions as set out in this minute of the Public Hearing, and subject to the amendments set out in the memorandum from R. Scobie dated June 27, 1996, and subject to amendment to Section 3 of the draft by-law to state the Dominion Motors Building is exempted from this section, and subject to the removal of the following clause from Section 4.2 of the draft by-law: "Residential floor areas with a ceiling height greater than 3.7 m shall be counted twice for the purposes of calculating floor space ratio." - CARRIED UNANIMOUSLY 3. Rezoning: 5592-5650 Oak 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 development of a four-storey multiple dwelling with a maximum height of 12.2 m (40 ft.) and a revised maximum density of 1.55 Floor Space Ratio (FSR). Six of the 33 dwelling units proposed would be wheelchair-accessible rental units. The Director of Land Use and Development recommends a reduced density of 1.45 FSR. The Director of Land Use and Development recommended approval of the application, subject to reducing the maximum density in the draft by-law to 1.45 FSR and 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, December 28, 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. cont'd.... Clause No. 3 (cont'd) 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) design development to improve the character of the roof and eaves; ii) design development to improve the privacy of units, particularly at grade, along the south end of the building adjacent to the gasoline station; iii) further development to increase the usability of the amenity room; iv) design development to improve the safety and surveillance of entries, exits, refuse storage area and pathways; v) design development to reduce opportunities for theft from the underground parking; (This can be achieved by providing a separate, locked room for bicycle parking and storage in the southeast corner of the garage; and relocating exit stairs from parking to be less visible to people walking or driving by. These exit stairs become an easy access to the underground if they can be easily seen from the street or lane.) vi) design development to reduce fear in the underground by painting ceilings, utility pipes and walls white; vii) applicant to provide new street trees along Oak Street adjacent to the development site. Final spacing of street trees should be coordinated with Kraige Sammsen (871-6131), Engineering, Streets Division prior to Development Permit submission. Street tree species should be coordinated with Bill Stephens (257-8587) of the Vancouver Park Board; viii)design development to retain the large Douglas Fir located in the southeast corner of the site adjacent to the lane; and cont'd.... Clause No. 3 (cont'd) ix) design development to provide front door wheelchair access to each unit and ensure that one toilet is fully accessible in each unit. C. THAT, prior to enactment of the CD-1 By-law, the registered owner shall: i) consolidate Lots 11-13, Block 865, D.L. 526, Plan 8170; ii) make arrangements to the satisfaction of the City Engineer and Director of Legal Services for paving of the lane north of West 41st Avenue from Oak Street east to the east property line of the site; iii) make arrangements for all electrical and telephone services to be undergrounded within and adjacent the site from the closest existing suitable service point; iv) 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; v) dedicate a portion of the site for widening of Oak Street consisting of the west 2.15 m of Lot 13 and a strip along the west side of Lots 11 and 12, which tapers from 2.15 m at the south property line of Lot 12 to 1.08 m at the north property line of Lot 11; and vi) execute the following agreements with the City to the satisfaction of the Director of Legal Services: 1) a 215 Covenant requiring the strata title subdivision of the project; 2) an option to purchase the 6 handicapped units at a nominal price. The City shall have the right to direct that the strata lots go into the name of a nominee, which in all likelihood will be the Vancouver Resources Society. The nominee must grant the City a 215 Covenant that the 6 strata lots will not be separately sold or transferred; cont'd.... Clause No. 3 (cont'd) 3) a housing agreement by which the 6 handicapped units may only be occupied by severely handicapped people at a rent which is equal to the shelter component of GAIN or 30% of gross income (up to a market rent), whichever is greater; 4) a 215 Covenant: a) requiring the design and layout of the parkade to accommodate vehicles which transport handicapped people; and b) requiring that at least one parking space be available for each of the 6 handicapped units at no additional charge; and 5) all agreements shall be drawn to the satisfaction of the Manager of the Housing Centre and Director of Legal Services and registered in priority over all charges which might defeat or delay same in the opinion of the City's solicitors. STAFF OPENING COMMENTS Mr. Tom Phipps, Planner, advised this application is for the most southerly 3 of 13 lots fronting Oak Street south of 38th Avenue. These lots are immediately north of the Petrocan station on 41st Avenue at Oak Street. The approved Oakridge/Langara Policy Statement supports eventual rezoning of all these lots for a 3-4 storey multiple dwelling development at a density of 1.0 to 1.2 FSR with a possible 20% bonus to 1.45 FSR for inclusion of a publicly desirable and significant public amenity. This application does offer a desirable public amenity in the form of six fully accessible rental units, to be made available to handicapped residents by the Vancouver Resources Society. Mr. Phipps advised staff support this application at 1.45 FSR. However, the applicant is requesting 1.55 FSR, because of a proposed deep internal subsidy to the rental units. Staff do not support a density beyond 1.45 FSR, because this is the first rezoning in Oakridge since the policy statement was developed, and it could result in pressure to approve similar or yet higher densities on other sites. cont'd.... Clause No. 3 (cont'd) APPLICANT OPENING COMMENTS Mr. Ken Fraser, on behalf of the Vancouver Resources Society, explained the rationale for requesting a density of 1.55 rather than 1.45 FSR. The six rental units would be available to people with severe disabilities, and in order to facilitate this, the units need to be affordable, with a 24-hour shared care model in operation. If 1.55 FSR is approved, this density reduces the cost of the 6 rental units by an additional $200,000. Without the increased density the number of rental units would be decreased, and the shared care model would no longer be workable. CORRESPONDENCE The following correspondence was received on this application: - letter from the applicant containing a summary of the project; - comments from the Vancouver School Board on the application; - three letters opposing the application. SPEAKERS Messrs. Reuben Moses and Maurice Moses appeared on behalf of their elderly mother who resides in house next to the proposed development. It was recommended the application be refused due to the impact it will have on their elderly mother who will be forced to leave her home due to the impact of construction. Concerns were also expressed with shadowing, density and height of the application. Ms. Alice Wong, area resident, urged Council to reject the application. Mr. Robert Fisher, on behalf of Yaffa Housing, recommended Council approve the application. Yaffa Housing is seeking opportunities to locate accessible housing for disabled persons in the Jewish Community, and will rent one or more of the six available units from the Vancouver Resource Society. cont'd.... Clause No. 3 (cont'd) Mr. Larry Kerr, Board member of Vancouver Resource Society, indicated support for the application. This application is indicative of the move away from the traditional institutional approach for persons with disabilities, to one of integration into the community. APPLICANT CLOSING COMMENTS Mr. Tom Stanizskis, Architect, provided additional information on the height of the proposed development, noting it will be only one story higher than the adjacent single-family house, and shadowing and privacy concerns have been addressed. STAFF CLOSING COMMENTS Mr. Tom Phipps advised staff have no concerns with issues of shadowing or privacy, but rather with density and the precedent arising from approving additional density than is recommended in the Oakridge/Langara guidelines. MOVED by Cllr. Sullivan, THAT the application be approved with a maximum density of 1.55 FSR, and subject to the conditions as set out in this minute of the Public Hearing. - CARRIED (Councillor Hemer opposed) (Councillor Bellamy was absent for the vote on the above item) Items 4(a) and (b) were considered concurrently by Council. 4(a) Rezoning: 7400 Oak Street (Oakherst) An application by Moodie Consultants Ltd. was considered as follows: The proposed rezoning from RS-1 to CD-1 Comprehensive Development District, would permit development of 58 two-storey townhouses occupying most of the site and 64 apartment units in 2 four-storey multiple dwellings adjoining Oak Street. The 'A'-listed Parklane heritage house would be designated, restored and converted to 6 dwelling units. More than half of the significant trees on site would be retained. cont'd.... Clause No. 4 (cont'd) The Director of Land Use and Development recommended approval of the 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 Eng and Wright Partners, Architects, and stamped "Received City Planning Department, April 16, 1996, and May 13, 1996" 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) the maximum width of the West 59th Avenue crossing is to be 7.3 m (24 ft.) wide at the property line; ii) design development to better distinguish individual apartment buildings and townhouse clusters from each other by use of materials, colour, detailing of secondary architectural elements and landscaping, and introduce greater complexity of roof forms in each cluster to better articulate massing; (Individual continuous streetscapes should better integrate into the existing neighbourhood through more variety and less homogeneity.) iii) elimination of a continuous internal street system by deleting the portion that connects the easterly and westerly portions of the development across the West 59th Avenue greenway view slot; iv) design development to reduce the internal street width and maximize open space in consultation with City Engineering staff; v) design development to refine hard and soft landscape transitions from individual private yards to public areas, including the West 59th Avenue greenway, the internal street/pathway system and other semi-private areas; cont'd.... Clause No. 4 (cont'd) vi) design development to the West 59th Avenue greenway to clarify hard and soft landscape treatment and features; vii) design development to the site's southeast corner townhouse clusters to eliminate visitor parking and excessive hard surface roadway by reorienting and consolidating into a single cluster with a 3.7 m (12 ft.) setback along Laurel Street. Townhouse units adjacent to the Laurel Street crossing will require re-design to accommodate parking access requirements; viii)design development to eliminate, or relocate to the southeast corner cluster, one townhouse unit presently located west of the view corridor; ix) design development to provide a wider, enhanced vista towards the heritage structure, as seen from the West 59th Avenue greenway, by increasing the view slot opening dimension to a minimum of 24.4 m (80 ft.) and accentuating this view point through enhanced landscaping; x) elimination of all surface visitor parking to reduce hard surface area and maximize on-site open space and landscaping; xi) design development to the townhouse clusters adjacent to and directly west of the heritage building to maximize separation between structures, with townhouses set back a minimum of 10.7 m (35 ft.) from the heritage structure; xii) design development to clarify internal street special paving and other landscape enhancement to provide attractive streetscapes; xiii)design development to interior street elevations to provide better visibility and surveillance from townhouses at grade and to relieve monotony created by continuous garage doors; xiv) design development to reduce the impact of the southerly east-west internal street "cut" into existing grade; cont'd.... Clause No. 4 (cont'd) xv) design development to refine Building A's north elevation to create a better transition in massing, scale and articulation to the single-family houses; xvi) clarification of privacy screen details and locations; xvii)design development to make front yards and ground level units highly defensible and encourage surveillance; (This can be achieved with low fencing and gates at the property line, having ground level units facing West 59th Avenue and Laurel Street, slightly [1.5 - 3 ft.] above the sidewalk level.) xviii)design development to reduce opportunities for cutting through the site by non-residents and to reduce opportunities for mischief and break and enter to ground level residential units; (This can be achieved by ensuring residential units face on-site open spaces.) xix) design development to reduce opportunities for theft from auto; (This can be achieved by locating exit stairs from underground parking out of the vision of non-residents, gating the vehicular entrance and locking the door from the elevator lobby to the parking [opposite to the direction of the exit].) xx) submission of detailed exterior materials specification; xxi) clarification of Fire Department access, paving and hydrant locations in consultation with the Fire Prevention Officer; xxii)retention and protection of all trees identified to be retained on the Tree Retention Plan received April 16, 1994; xxiii)submission of an arborist's report to assess tree retention and building location as part of the development application; cont'd.... Clause No. 4 (cont'd) xxiv)commitment that an ISA certified arborist will be on site during any excavation within 10 m of a tree identified to be retained; xxv) buildings to be sited in such a way as to ensure that excavation and disturbance will not occur within a 2 m radius of trees 47, 48 and 55; xxvi)all existing trees to be retained must be protected and cared for as per Schedule "D" of the Private Property Tree By-law No. 7347; and xxvii)tree protection barriers will need to be shown for all retained existing trees as per Schedule "D" of the Private Property Tree By-law No. 7347 and the Landscape Plan amended to show "Existing Trees To Be Retained". C. THAT, prior to enactment of the CD-1 By-law, the registered owner shall: i) consolidate Lots 1-3 of 5, and Rem. Lot 5; Block 16A; D.L. 526; Plan 5858 and Lot 4; Block 16A; D.L. 526; Plan 11318; ii) make arrangements to the satisfaction of the City Engineer and Director of Legal Services for: 1) rerouting of the existing sewer line which passes through the site. The sewer line can either be routed around the site on public property, or through an on-site, relocated 6.0 m-wide easement. This work is to be all at the developer's expense; 2) upgrading of the water mains which will serve this development, at the developer's expense; 3) provision of concrete sidewalks on the south side of West 58th Avenue and the north side of West 59th Avenue from Oak Street to Laurel Street; 4) provision of greenway streetscape treatment on West 59th Avenue from Oak Street to Laurel Street including curb and gutter and asphalt pavement to road centre line, and curb, gutter and asphalt to road centre line on Laurel Street from West 58th Avenue to 59th Avenue, at the developer's expense; cont'd.... Clause No. 4 (cont'd) 5) potential upgrading of the pedestrian signal at West 59th Avenue and Oak Street within 5 years of building occupancy, at the developer's expense; 6) clarification of easement and indemnity agreements Nos. 100340M, 337126M and 399352M; 7) provision of a traffic consultant's report consisting of a traffic volume analysis based on previous hospital use for comparison purposes; and 8) upgrading of the pedestrian activated signal at West 59th Avenue and Oak Street to a bicycle activated signal; iii) make arrangements for all electrical and telephone services to be undergrounded within and adjacent the site from the closest existing suitable service point; iv) 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; v) provide a covenant to the satisfaction of the Director of Legal Services to commit the owner to retaining and protecting all trees identified on the Tree Retention Plan received April 16, 1996, including a commitment that an ISA certified arborist must be retained to periodically monitor the health and safety of trees on site, report any damage or neglect to the trees to Planning Staff immediately, undertake any maintenance or remedial care as required to ensure the ongoing health and safety of the retained trees during all phases of construction and for a minimum of 3 years upon completion of construction. The recommendations of the arborist must be undertaken with respect to tree care and maintenance as well as construction practices; cont'd.... Clause No. 4 (cont'd) vi) provide a covenant to the satisfaction of the Director of Legal Services to commit the owner to cause any strata corporation formed as a result of strata titling of the site to provide a covenant in favour of the City of Vancouver committing that Strata Corporation to retaining all trees identified in the Tree Retention Plan received April 16, 1996; vii) obtain designation of the principal Parklane building under Schedule "A" of the City's Heritage By-law, including those affixed interior fixtures and features as determined by the Director of Planning; viii)execute an agreement, to be registered against the property, to the satisfaction of the Director of Legal Services, in consultation with appropriate Department Heads, by which the owner agrees to provide temporary protection for the heritage building before and during construction on the site and that the occupancy of the new buildings shall be subject to the completion of restoration of the heritage building with this agreement to be discharged when the heritage work is complete; and ix) execute an agreement, to be registered against the property, to the satisfaction of the Director of Legal Services, in consultation with appropriate Department Heads, by which the owner secures and protects the heritage building prior to and during construction to standards establishment by the Director of Planning, and agrees to undertake the necessary restorative work to the existing heritage building, noting that all future repairs and renovations require a heritage alteration permit, and that in the event the heritage building is irreparably damaged, the owner further undertakes to conduct whatever necessary and reasonable arrangements are needed to satisfactorily replicate the heritage building. D. THAT Council instruct the Director of Legal Services to prepare a Heritage Revitalization Agreement, pursuant to Section 592 of the Vancouver Charter for the purpose of varying the Development Cost Levy By-law for this site, to relieve the owner of up to $150,000 in costs related to the retention of the heritage building. cont'd.... 4(b) Heritage Designation: 7400 Oak Street (Oakherst) An application by Moodie Consultants Ltd. was considered as follows: The proposed amendment to Heritage By-law No. 4837 would designate the 'A' listed Parklane heritage house (950 West 58th Avenue), as protected heritage property. The Director of Land Use and Development recommended approval of the application, subject to the following condition proposed for adoption by resolution of Council: That, prior to enactment of the CD-1 by-law for the site, and the enactment of the Heritage by-law, a letter waiving claims for future compensation be signed by the owner, to the satisfaction of the Director of Legal Services. ADDITIONAL STAFF CORRESPONDENCE The following additional material from staff was distributed to Council: - Memorandum from Rick Scobie, Director of Land Use and Development, dated June 26, 1996 providing information regarding implications of the Board of Parks and Recreation resolution seeking dedication of a park on the Oakherst site; - Memorandum from Rick Scobie dated June 26, 1996 discussing the amount Council may consider if it chooses to utilize a Heritage Revitalization Agreement By-Law to vary the Development Cost Levy (DCL) payable to this site, as described in Consideration D in the May 21, 1996 Council report. NOTE FROM CLERK: The foregoing memorandum was superseded by a later memorandum from staff. - Memorandum from Bruce Maitland, Manager of Real Estate Services, dated July 11, 1996, revising the project's pro forma following further discussions with the applicant; - Memorandum from Rick Scobie dated July 19, 1996, providing new information and superseding the June 26, 1996, memorandum. cont'd.... Clause No. 4 (cont'd) STAFF OPENING COMMENTS Mr. Rick Scobie, Director of Land Use and Development, advised this application proposes to rezone the 1.9 hectare former Oakherst private hospital site at West 59th and Oak Street, to permit 58 two-storey townhouses in 14 clusters, with all units having basement parking via an internal, private road system. In addition, 64 units are proposed in two four-storey apartment buildings adjacent to the Oak Street frontage. The Parklane Heritage building will also be retained and converted to six units. Mr. Scobie commented on the following issues arising with this application: - The building form on the easterly two-thirds of the site continues to unduly compromise both the landscape and heritage aspects of the site. Conditions of approval before Council will ensure further design development at the development application stage, to achieve a supportable compromise; - The conditions of approval also call for design development to both the townhouse and apartment buildings, to introduce greater variety and improved relationship to the adjacent single-family homes and the Parklane Heritage building; - Further work will also be required at the development application stage to ensure suitable greenway development along West 59th Avenue, and provision of a compatible relationship with the adjacent dwellings proposed. These are also addressed in the conditions of approval; - The issue of parks, and the implications of the resolution of the Board of Parks and recreation, is addressed in the June 26, 1996 memorandum to Council; - In terms of school funding, further analysis by Planning staff with School Board staff indicates the development contemplated may not have a greater impact on existing schools than would site subdivision and development under current RS-1 zoning; - In terms of Community Amenity Contributions (CACs), and Development Cost Levies (DCLs), a further review of economic pro forma related to the Parklane heritage building, and sewer relocation impacts on significant trees, has led to changes. cont'd.... Clause No. 4 (cont'd) In essence, an "in kind" CAC valued at $760,000 is to be paid by the developer for retention and restoration of the Parklane heritage building. This results in a residual of $340,000 available from the developer for DCL payment. This is $247,000 less than is payable under the DCL by-law. Council may wish to compensate the developer for this shortfall via a Heritage Revitalization Agreement. APPLICANT OPENING COMMENTS Mr. Jim Moodie, on behalf of Moodie Consultants, advised the application before Council meets the objectives of the Oakridge/Langara Policy Plan; retains the heritage building on site; retains 57% of the significant trees on site; and can provide open space and view corridors. Mr. Moodie stated the process leading to public hearing has been difficult, with a number of different groups and issues at the forefront. The applicant has tried to balance some of the resident's concerns, and the result is an application to develop at a lower density than is permitted in the Oakridge/Langara Policy Plan. Also, the townhouse component of the project will reflect single-family characteristics, such as height and building setbacks. City staff and the developer have reached agreement on a revised pro forma which will require a change in Recommendation D of the staff report, by substituting the figure of $247,000 with $150,000. Mr. Moodie expressed frustration with the late recommendation of the Park Board, given that staff had been involved with the Oakridge/Langara Policy Plan for two years. In a memorandum to City Council dated June 27, 1996, Mr. Moodie requested that Clause "5. Height" in the draft CD-1 By-law be amended by adding a the following phrase to section 5.2: 5.2 For multiple dwellings on the portion of the site not described in section 5.1 the maximum building height above the base surface is 9.2m except that portion of the site south of a hypothetical line drawn 23.5m north of and parallel to 59th Avenue and east of and parallel to a hypothetical line drawn 24.9m west of Laurel Street the maximum building height measured above the base surface is 10.7m. cont'd.... Clause No. 4 (cont'd) Mr. Moodie explained that during discussions with the community, the applicant proposed to maintain RS-1 building heights for the townhouse portion of the site. RS-1 permits 30 foot heights, and conditionally allows up to 35 feet for planning and design reasons. This increase in height to 35 feet will allow the developer to satisfy conditions b(vii), b(viii), and b(x). SUMMARY OF CORRESPONDENCE The following correspondence was received: - Memorandum from the Board of Parks and Recreation requesting dedicated parkland and a public pedestrian right-of-way entrance to the parkland with a binding agreement on the preservation of trees at Oakherst. - Letter supporting the application but disagreeing with the concept of a development cost levy; - Letter supporting the heritage aspects of the application; - 15 letters opposing the application, registering concerns about parkland, urban landscape, architectural design and school overcrowding; - 10 letters from Don Larsen requesting designation of public park space; - Petition containing 38 signatures opposing the application. SPEAKERS The following speakers specifically addressed their comments toward preserving trees and parkland on this site: - Valerie Jerome, Green Party (brief on file) - Don Larsen, CRAB Park (photo and briefs on file) - Clive Justice, Friends of Stanley Park (brief on file) - Richard Stace-Smith, Save our Parkland Association - John Switzer, 8100 block Fremlin Street - Isabel Minty, 1900 block West 57th Avenue The foregoing speakers supported the retention of trees based on one or more of the following grounds: - This site currently has mature, beautiful trees which should be preserved; cont'd.... Clause No. 4 (cont'd) - A passive, treed park should be created. The adjacent parks are full of playing fields and gravel. They are not treed areas and have little grass; - The resolution submitted to Council by the Board of Parks and Recreation should be supported; - The retention of the heritage house is diverting funds that could be used to retain additional trees. The heritage house is not even visible from the street in some areas; - Organizations such as the Friends of Stanley Park have adopted the position that in order to provide new parkland throughout Vancouver, additional density and height may be necessary in some areas, in order to encourage open space; - Retention of the trees will make this site a treasure for future generations. The following speakers urged Council to reject the application: - Diana Hu, 8000 block Laurel Street (brief on file) - Abe Kroeker, 6800 block Heather Street - Annie Kroeker, 6800 block Heather Street - Stuart Galbraith, 6200 block Ash Street (brief on file) - Brian Buchanan, 700 block West 62nd Avenue (brief on file) - Zena Wagstaff - 6200 block Ash Street - John Twochin - 900 block West 58th Avenue - Sophie Li The foregoing speakers objected to the application on one or more of the following grounds: - Residents of the Oakridge/Langara are being treated unfairly by City Hall. CityPlan has failed this neighbourhood, and the views of the citizens have not been listened to; - Densification will lead to the destruction of the RS-1 neighbourhood. The developer is attracting people to this neighbourhood through the amenities that currently exist, but this will lead to the erosion of these amenities; - The development will lead to increased traffic in the neighbourhood; - The City's own planners advise there is room for 3000 people on unbuilt land in Oakridge/Langara with existing zoning. These areas should be developed first; cont'd.... Clause No. 4 (cont'd) - The Oakherst site should be developed with single-family dwellings built on 40 foot lots, which would generate the same total value as the proposed rezoning; - Retention of the trees and parkland on this site is critical; - Too much attention is paid to the needs of the developer, rather than the area residents; - The school infrastructure in the area cannot handle the additional density; - The neighbourhood is unanimous in its opposition to this proposal. Mr. Wayne DeAngelis, on behalf of the Vancouver Heritage Commission, advised the Commission supports the application before Council. The project maintains the heritage building and the adjacent landscaping. APPLICANT CLOSING COMMENTS The applicant offered no additional comments. STAFF CLOSING COMMENTS Mr. Rick Scobie addressed the following issues raised by delegations: - The interim tree retention by-law will not impact this site. Retention of trees is covered in conditions of approval; - There is an additional capacity of about 3000 residents under existing zoning, but this is mostly in commercial areas, and would result in residential development over commercial uses. The established Council priority is ground-oriented housing, suitable for families with children; - The residential capacity could be increased by provision of 40 foot lots, if Council were to allow amendment of the Subdivision By-law. However, this would likely prove to be an arduous process in terms of impacts on the existing community; - In terms of the delegation who favored additional density along Oak Street as a way of preserving parkland, this does not meet the City priority of ground-oriented housing, and is not supported by the neighbourhood. cont'd.... Clause No. 4 (cont'd) Mr. Scobie concluded that there are few sites in this area that will allow the City to achieve these housing objectives without significantly impacting on single-family housing. Staff recommend approval of this application. COUNCIL DISCUSSION After hearing from the delegations, Council members agreed to adjourn the public hearing, and defer a final decision on this application to the Regular Council meeting on July 30, 1996. Staff were instructed to undertake additional economic analysis of the park and heritage house issues, and report back to Council. RISE FROM COMMITTEE OF THE WHOLE MOVED by Cllr. Bellamy, THAT the Committee of the Whole rise and report. - CARRIED UNANIMOUSLY ADOPT REPORT OF THE 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 on July 23, 1996, adjourned at 9:50 p.m.