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CITY OF VANCOUVER
SPECIAL COUNCIL MEETING MINUTES
August 1, 1996
A Special Meeting of the Council of the City of Vancouver was held
on Thursday, August 1, 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, Clarke,
Hemer, Ip, Kennedy, Price,
ABSENT: Councillor Kwan (Leave of Absence)
Councillor Puil
Councillor Sullivan (Leave of Absence)
CLERK TO THE COUNCIL: Gary MacIsaac
COMMITTEE OF THE WHOLE
MOVED by Cllr. Bellamy,
SECONDED by Cllr. Chiavario,
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
VARY THE AGENDA
It was agreed to vary the order of the agenda to allow Item 4 to be
considered first.
4. Rezoning: 1179 Keefer Street
An application by Earl Cunningham, Urban Dimensions, was considered
as follows:
The proposed rezoning from M-1 Industrial District to RT-3
Two-Family Dwelling District would permit development in accordance
with the RT-3 District Schedule including one-family, two-family
and multiple dwellings. Other uses are also listed in the district
schedule.
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, prior to enactment of the amending by-law, the applicant
shall, at no cost to the City:
i) register at the Land Titles Office a consolidation of the
site; and
ii) make arrangements, to the satisfaction of the General Manager
of Engineering Services, to underground all electrical and
telephone services within and adjacent the site, from the
closest existing suitable service point.
Staff Comments
There were no staff comments.
Applicant Comments
There were no applicant comments.
Summary of Correspondence
There was no correspondence received on this application.
Speakers
Mayor Owen called for speakers for and against the application and
none were present.
MOVED by Cllr. Bellamy,
THAT the application be approved, subject to the conditions as set
out in this minute of the Public Hearing.
- CARRIED UNANIMOUSLY
1. Rezoning: 303 Railway Street
An application by Robert Leshgold, Architect, was considered as
follows:
The proposed rezoning from M-2 Industrial District to CD-1
Comprehensive Development District would permit the conversion of
an existing five-storey industrial building to provide 40 rental
artist 'live/work' studios. The floor space ratio of development
would be 4.1 after interior alterations.
The Director of Land Use and Development recommended refusal of the
application. However, should Council approve this application, the
Director of Land Use and Development would recommend that the following
conditions be adopted by resolution of Council:
(a) THAT the proposed form of development be approved by Council in
principle, generally as prepared by Robert Leshgold, Architect, and
stamped "Received City Planning Department, November 10, 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) further design development to improve the functionality of the
artist 'live/work' studios, including provision of the
following:
(1) additional common workshop areas, such as music room,
woodworking shop, metal shop, and spray-painting studio,
and including sound-proofing and ventilation of these
workshops as may be appropriate;
(2) extra-wide doors, over-size elevator, and corridor
dimensions and configurations which enable the easy
movement of large or heavy works of art or art materials
between the loading bay, storage space, and studios;
(3) adequate ventilation, plumbing and electrical service in
very studio to facilitate high-impact art production;
cont'd....
Clause No. 1 (cont'd)
(4) additional storage space, separate from the studios, to
ensure adequate space for the storage of art materials
and works of art;
(5) elevator access to the sub-basement storage space, or
provision of some storage space on the basement floor;
and
(6) sundeck and/or gardening amenity areas on the roof-top.
ii) further design development to incorporate principles of crime
prevention through environmental design (CPTED), including but
not limited to:
(1) providing a comprehensive security plan;
(2) reducing opportunities for graffiti on exposed blank
walls;
(3) ensuring that all areas are well-lit to reduce mischief
opportunities and fear; and
(4) white-painting parking area walls, ceilings and utility
pipes to reduce fear.
(c) THAT, prior to enactment of the CD-1 By-law, the registered owner
shall, at no cost to the City:
i) execute and register against property title a legal agreement,
to the satisfaction of the Director of Legal Services,
providing that present and future property owners will
forewarn all prospective studio occupants that the building is
located in a heavy industrial district (M-2) where industrial
activities, including rail and port operations, have primacy
of use, and therefore should not be subject to complaints,
directly or indirectly, for environmental impacts which
conform to the relevant regulations;
ii) execute and register against property title a legal agreement,
to the satisfaction of the Director of Legal Services,
providing that the 40 artist 'live/work' studios on the site
will not be strata-titled, thereby ensuring that the studios
will remain rental over the long term;
cont'd....
Clause No. 1 (cont'd)
iii) make arrangements to the satisfaction of the General Manager
of Engineering Services and Director of Legal Services, for
the provision of curb, gutter and sidewalk on the east side of
Gore Avenue, from Railway Street to the lane north, and
asphalt pavement for half the width of Gore Avenue abutting
the site from Railway Street to the lane north;
iv) make arrangements for the provision of street trees adjacent
the site; and
v) make arrangements for the undergrounding of all utilities from
the closest existing suitable service point.
Also before Council was a memorandum from Rick Scobie, Director of
Land Use and Development, dated August 1, 1996 providing additional
staff advice concerning the draft by-law and the approval conditions
before Council.
The draft By-law presents for Consideration in Section 5 a choice
between "old" and "new" parking requirements for Artist Studios. Staff
now recommend the new parking requirement. Also, the memorandum
recommended that the qualifier "assured" be added to the expression
"rental artist studios" in Section 5.2. The following changes were
recommended:
"THAT, the draft CD-1 by-law be amended
a) by deleting the first occurrence of Section 5.1 and 5.2
and also the word 'OR' which follows; and
b) by inserting 'assured' before 'rental artist studios' in
Section 5.2."
The memorandum also contained the following proposed amendment to
the condition of approval relating to safeguarding surrounding industry
from complaints, interference, etc., from proposed non-industrial uses
on this industrial site:
"THAT Condition c(i) be replaced by the following:
(THAT, prior to enactment of the CD-1 By-law, the registered owner
shall, at no cost to the City:) Execute and register against
property title a legal agreement, satisfactory to the Director of
Legal Services and the Director of Land Use and Development,
providing that the registered property owner grants to surrounding
properties in the M-2 Heavy Industrial District, including rail and
port lands, freedom to cause any
cont'd....
Clause No. 1 (cont'd)
nuisance on the subject sites as may result from industrial
activities complying with the Zoning and Development By-law and all
other pertinent regulations, such nuisances to include noise,
odours, fumes, dust, light, vibrations, and related impacts at any
time of day or night."
Staff Opening Comments
Mr. Phil Mondor, Planner, advised the application proposes interior
and minor exterior alterations to an existing five-storey cold storage
plant to provide 40 long-term rental artist studios with associated
residential units and some separate common workshop areas. The first
floor would be altered to provide 22 parking spaces, loading, storage
and workshop areas.
Mr. Mondor provided background information on the application
before Council. In February 1995, a development application was made to
alter and add to the existing building on this site to provide 56 rental
artist live/work studios and 21 parking spaces. Staff recommended it be
processed like a previous application at 1701 Powell Street, i.e., that
it be approved subject to the applicant obtaining a relaxation from the
Board of Variance for an increase in FSR from 1.0 to 5.0. In June 1995,
Council approved the staff recommendation, but the Board of Variance did
not subsequently grant the necessary relaxation, and the development
application was refused.
A new rezoning application was submitted in November 1995. Staff
recommended it be refused because the site did not satisfy any of the
circumstances set out in the Industrial Lands Strategy in which Council
would consider rezoning industrial land. In December 1995, Council
instructed this application be processed in the usual manner.
Staff recommend refusal of this application on the basis that it
does not meet the prerequisites and criteria set out in the Industrial
Lands Strategy rezoning policy for releasing land from industrial use.
However, staff have prepared a draft by-law and conditions of approval,
in the event Council allow the application to proceed.
cont'd....
Clause No. 1 (cont'd)
Applicant Opening Comments
Mr. Jon Stovell, Reliance Holdings Limited, (brief on file),
reviewed the history of this application, which was originally planned
to be considered in the same manner as an earlier project of Reliance
Holdings (the Arc), at 1701 Powell Street. Council was informed the
application at 303 Railway Street is now caught in the crossfire of
emerging policies.
Mr. Stovell advised the project has strong public benefit and the
support of many neighbours and social groups. Where concerns have been
voiced, they have been addressed by architectural, technical and legal
methods, which preclude any long term compatibility problems. Concern
was expressed that the staff recommendation is based on current policy,
and does not respond to the special historical circumstances, compliance
to all policies except FSR, and the fundamental merits of this modest
proposal.
Planning staff are recommending approval of the rezoning of 245-295
Alexander Street which is also on the Public Hearing agenda, and the two
projects share many common attributes.
Mr. Robert Leshgold, Architect, reviewed the design features
incorporated into the project to address the issues of noise and odours.
Summary of Correspondence
A review of the correspondence on this application indicated the
following:
- 17 letters in favour of the application;
- 8 letters opposing the application;
- petition containing 50 signatures opposing the application;
- letter supporting residential development in the area, and
requesting that zoning reflect the residential character of the
area.
Speakers
Mayor Owen called for speakers for and against the application.
The speakers spoke in favour of the application before Council:
cont'd....
Clause No. 1 (cont'd)
- Barb Daniels, Downtown Eastside Residents Association
(brief on File)
- Linda Mix, Tenants Rights Action Coalition
(brief on file)
- Bill Rennie, Artists for Creative Environments Society
(brief on file)
- Torrie Groening, 1700 Block Powell Street
- Shelley Holmes, 1700 Block Powell Street
- Brian Lynch, 1700 Block Powell Street
- David Rathie, 2000 Block S.W. Marine Drive.
The foregoing speakers supported the application on one or more of
the following grounds:
- This block has traditionally been home to artists;
- These are real artist live/work studios which have been designed
for low and moderate income artists, and this application is not a
masquerade for condominiums;
- This application provides secure and guaranteed long-term rental
units;
- The developer should be congratulated on the provision of communal
amenity space for the artists;
- The applicant has developed a similar building at 1701 Powell
Street, which has been a success story. There is a waiting list to
rent units in this building;
- Rental tenants are less likely to complain about noise, smells and
existing community services, than property owners. If the rental
tenants are unahppy with the space, they will move out of the area;
- More people will be living in the area and safety will be improved;
- This is a good use of a vacant building. Attempts were made to
lease this site to an industrial user for three years, with no
success. Multi-level industrial buildings are outmoded.
The following speakers opposed the application on the basis it will
negatively impact the people and services currently in the area:
- Leigh Donahue, Carnegie Community Centre
- Alison Cameron, 600 Block Alexander Street
cont'd....
Clause No. 1 (cont'd)
- Michael Lawrence, Unit Block, West Cordova Street
- Sonny Kenick, Unit Block, East Hastings Street
- Al Mitchell, 300 Block Alexander Street.
The foregoing opposed the application on one or more of the
following grounds:
- The new residents in this building will complain and attempt to
eliminate existing support services in this neighbourhood;
- The loss of support services will result in long term residents
being forced out of this neighbourhood;
- This is an example of gentrification in the neighbourhood.
Approximately 40 artists will result in the displacement of many
more residents;
- The parking proposed for this site is inadequate.
The following speakers opposed the application on the basis it will
have a negative impact on adjacent industry:
- Mike Rondepre, International Longshoremen's and
Warehousemen's Union, (brief on file);
- Ralph Drew, Canadian Fishing Company Limited,
(brief on file);
- Wayne Stoilen, B.C. Wharf Owner's Association;
- James Crandles, Vancouver Port Corporation,
(brief on file);
- Allan Kerfoot, Canadian Stevedoring, (brief on file);
- Mike Cahan, B.C. Maritime Employers Association,
(brief on file);
- Jim Phillipson, Tymac Launch, (brief on file).
The foregoing opposed the application based on one or more of the
following grounds:
- This is an inappropriate site for such a development, next to an
active industrial area, and beside a viaduct;
- The new residents will be unwilling to live with the noise, smells
and traffic derived from the industrial uses, and complaints will
result;
- History has shown that the introduction of residential development
in False Creek led to the displacement of industry. The same
situation will happen in this area;
- If industry is forced out, jobs will be lost;
cont'd....
Clause No. 1 (cont'd)
- This development is encroaching on the industrial area and
eliminating the necessary buffer around the industrial sites;
- There is no other place in the City where heavy industrial uses can
be located;
- This application does not meet the test of Council's policies. If
approved, it will set a bad precedent.
Mr. Peter Hamilton, 2000 Block Grant Street, (brief on file),
opposed the application on the basis that rezoning industrial land for
live/work spaces is not the use that will accrue the most benefit to the
City. Industrial land retention and live/work spaces should be fostered
by situating the live/work studios in areas already suitably zoned.
Applicant Closing Comments
Mr. Jon Stovell stated the Arc at 1701 Powell Street is a model for
artist live/work studios, and this development at 303 Railway Street
will have the same characteristics. The rental tenants of the Arc
contend with noise and smells both in and around the building, and no
complaints have materialized.
In response to comments made by industrial users, Mr. Stovell noted
the Vancouver Port Corporation has plans for over two million square
feet of development, which is closer to the industrial area than this
application.
Staff Closing Comments
Mr. Phil Mondor, Planner, reviewed the benefits and concerns
relating to this application, and advised that on the whole, staff
recommend refusal.
Several of the delegations commented that approval of this
application would jeopardize the integrity of Council's industrial land
policies. Mr. Mondor clarified this application deals with a specific
site, rather than an entire area, and Council approval would not be a
threat to the policies.
MOVED by Cllr. Chiavario,
THAT the application be approved, subject to the conditions as set
out in this minute of the Public Hearing, and subject to the amendments
proposed in the memorandum from Rick Scobie dated August 1, 1996, and
set out in this minute of the Public Hearing.
- CARRIED UNANIMOUSLY
2. Rezoning: 245-295 Alexander Street
An application by Soren Rasmussen, Chandler Rasmussen Architects,
was considered as follows:
The proposed rezoning from M-2 Industrial District to CD-1
Comprehensive Development District would permit a mixed-use
development containing one storey for industrial uses at grade and
153 artist 'live/work' studios in six storeys above. Twenty-two
(22) of the studios are intended to be assured affordable rental
studios for low-income working artists. Loading and underground
parking would have access from Gore Avenue. The floor space ratio
of the proposed development would be 4.6.
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, in revised plans generally as prepared by Chandler
Rasmussen Architects Inc. and stamped "Received City Planning
Department, April 10, 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) Design development to improve the functionality of the artist
studios and the building's common facilities, including but
not limited to the provision of:
(1) additional common workshop areas, such as music room,
wood shop, metal shop and painting studio, these areas to
be suitably sound-proofed and ventilated;
(2) maximize the opportunity for combining workshop space in
a large multi-purpose room with movable partitions;
(3) extra-wide doors, over-size elevators, and corridor
dimensions which enable large or heavy works of art or
art materials to be easily moved between the loading
area, storage spaces and studios;
cont'd....
Clause No. 2 (cont'd)
(4) adequate acoustic measures, ventilation, plumbing and
electrical service in every studio to facilitate
high-impact art production;
(5) additional storage space, separate from the studios, to
provide adequate space for the storage of art materials
and works of art; and
(6) gardening and/or amenity areas on the rooftops.
ii) Further design development to respond to previous Urban Design
Panel advice, subject to further review by the Urban Design
Panel at the development application stage, including but not
limited to the provision of:
(1) durable exterior materials suitable to the area, such as
brick, on the lower storeys;
(2) more transparency and contemporary industrial appearance
on the upper storeys;
(3) more consistency of design between the south and east
elevations;
(4) design and amenity of the rooftop court; and
(5) improved layout of the smaller studios to increase the
livability of their associated residential space.
iii) Implement principles of crime prevention through environmental
design (CPTED), through measures such as the following:
(1) reduce or remove all exit alcoves at grade;
(2) reduce opportunity for break-and-enter and mischief on
roof decks;
(3) clarify internal access from artist studios to common
amenity areas and workshops;
(4) provide a comprehensive security plan;
(5) reduce opportunities for graffiti on blank walls;
(6) provide a locked overhead gate and doors, possibly with
electronic access, to loading and garbage areas;
cont'd....
Clause No. 2 (cont'd)
(7) provide adequate lighting to all areas to reduce mischief
opportunities and fear; and
(8) paint parking area walls, ceilings and utility pipes
white to reduce fear.
(c) THAT, prior to enactment of the CD-1 By-law, the registered owner
shall, at no cost to the City:
i) Execute an agreement, to the satisfaction of the Director of
Legal Services and the Manager of the Housing Centre, by which
22 artist 'live/work' studios, or 1 312 m2 (14,125 sq. ft.) of
floor area, plus 11 parking spaces, shall be conveyed to the
City at no cost to the City, such studios to provide
non-market, rental 'live/work' space for low-income working
artists. Such agreement may allow for the transfer of all or
a portion of these studios to a City agency or City-designated
co-op.
ii) Execute and register against property title of all strata
units a restrictive covenant, satisfactory to the Director of
Legal Services and the Director of Land Use and Development,
providing that owners, including eventual strata lot owners
and the strata corporation(s), acknowledge and accept:
(1) that the building is located near a heavy industrial
district (M-2) in which industrial activities, including
rail and port operations, have primacy of use;
(2) that nearby industrial activities should not be subject
to complaints or legal actions, directly or indirectly,
for any operating characteristics and environmental
impacts which conform to the relevant regulations,
including noise, odours, light, vibrations, and 24-hour
operations; and
(3) that they have a duty to forewarn all prospective studio
occupants, both purchasers and tenants, of (1) and (2)
above;
iii) Make arrangements to the satisfaction of the General Manager
of Engineering Services and Director of Legal Services, for
the provision of:
cont'd....
Clause No. 2 (cont'd)
(1) curb, gutter and sidewalk on the west side of Gore Avenue
and north side of Alexander Street abutting the site, and
asphalt pavement for half the street width on Gore Avenue
from Alexander Street to the lane north;
(2) street trees adjacent the site;
(3) consolidation of the site; and
(4) the undergrounding of all utilities from the closest
existing suitable service point.
Also before Council was a memorandum from Rick Scobie, Director of
Land Use and Development, dated August 1, 1996, which provided
additional staff advice concerning the draft CD-1 By-law and approval
conditions for this proposed rezoning.
The draft By-law presents for Consideration in Section 5 a choice
between "old" and "new" parking requirements for Artist Studios. Staff
now recommend the new parking requirement. Also, the memorandum
recommended that the term "affordable" in section 5.2 be replaced by
"non-market". The following changes were recommended:
"THAT, the draft CD-1 by-law be amended
a) by deleting the first occurrence of Section 5.1 and 5.2 and
also the word 'OR' which follows; and
b) by substituting 'non-market' for 'affordable' in Section 5.2."
The memorandum also contained the following proposed amendment to
the condition of approval relating to safeguarding surrounding industry
from complaints, interference, etc., from the proposed non-industrial
uses on this industrial site:
"THAT Condition c(ii) be replaced by the following:
(THAT, prior to enactment of the CD-1 By-law, the registered owner
shall, at no cost to the City:) Execute and register against
property title a legal agreement, satisfactory to the Director of
Legal Services and the Director of Land Use and Development,
providing that the registered property owner grants to surrounding
properties in the M-2 Heavy Industrial District, including rail and
port lands, freedom to cause any nuisance on the subject sites as
may result from industrial
cont'd....
Clause No. 2 (cont'd)
activities complying with the Zoning and Development By-law and all
other pertinent regulations, such nuisances to include noise,
odours, fumes, dust, light, vibrations, and related impacts at any
time of day or night."
Staff Opening Comments
Mr. Phil Mondor, Planner, advised this application pre-dates
Council adoption of the Industrial Lands Strategy in 1995, but the
objectives and rezoning criteria in the Strategy have been applied to
this application.
Staff have concluded this site has characteristics which make it
suitable to consider for non-industrial development and that the
proposed artist live/work studios can be supported. Reasons for support
include the industrial space which is also proposed, the mitigation
measures which are proposed for achieving compatibility with adjoining
industry, and the 22-30 affordable, rental studios to be given to the
City as a public benefit that would minimize the land value impact of
the rezoning.
Applicant Opening Comments
Mr. Paul Mayer, Pemcor Development Corporation, advised
multi-storey industrial use is no longer feasible in this area. It is
likely that greater industrial use will result from this rezoning,
rather from an application made solely on the basis of the existing
zoning. In this instance, the industrial use is being subsidized by the
artist live/work zoning.
Mr. Mayer stated this application has the unanimous support of the
Urban Design Panel, fully meets the parking standards, has design
features to mitigate sound and odour problems, and will relate well to
the surrounding neighbourhood. Also, this application will eliminate an
obsolete building and improve security in the neighbourhood.
In terms of public benefits, the applicant will transfer 22-30
units to the City, a City agency or a City-designated co-op, for the
provision of affordable, rental live/work studios to low-income working
artists.
The applicant also submitted for Council's information, copies of
letters of support received for this application (on file in City
Clerk's Office).
cont'd....
Clause No. 2 (cont'd)
Summary of Correspondence
A review of the correspondence on this application indicated the
following:
- 17 letters in favour of the application;
- 9 letters opposing the application;
- letter supporting residential development in the area, and
requesting that zoning reflect the residential character of the
area.
Speakers
Mayor Owen called for speakers for and against the application.
The following spoke in favour of the application before Council:
- Bill Rennie, Artists for Creative Environments Society
(brief on file)
- Geoff Burgess, 6200 Block MacDonald Street
- Joseph Thibault, 300 Block Jackson Street
- Roger Bayley, Gastown Business Improvement Association
- Jon Stovell, Reliance Holdings Limited.
The foregoing favoured the application based on one or more of the
following grounds:
- The developer should be commended for providing a communal
workshop, which will attract real artists to the development;
- The provision of 22 affordable, rental studios is a significant
public benefit which should be supported;
- Council should accept the eight additional affordable, rental
studios proposed by the developer;
- This application will support the retention of some industrial uses
on this site, which is an improvement over the existing situation;
- This application will result in the rejuvenation of the precinct,
and re-establish a sense of value in this area.
cont'd....
Clause No. 2 (cont'd)
The following speakers opposed the application on the grounds that
it will negatively impact the people and services currently in the area:
- Jeff Summers, 500 Block East Hastings Street
- Eldon Jones, Unit Block, East Hastings Street
- Barb Daniels, Downtown Eastside Residents Association
(brief on file)
- Muggs Sigurgeirson, Carnegie Community Centre
- Jim Ford, 300 Block, Alexander Street
The foregoing opposed the application based on one or more of the
following grounds:
- The ongoing creep of condos into this area is resulting in
gentrification, with the result that existing residents will be
forced out;
- There is already tension in Gastown between condo owners and the
surrounding community. Private security is now in place on Water
Street, which is aimed at residents of the Downtown Eastside;
- The disadvantages associated with 153 condo owners will outweigh
the advantages associated with 22 affordable, rental units. Condo
owners are more likely to complain about existing social services;
- The staff report fails to address the social and community impacts
of this development;
- The single room occupancy stock is not secure.
The following speakers opposed the application on the basis it will
have a negative impact on adjacent industry:
- James Crandles, Vancouver Port Corporation
(brief on file)
- Jim Phillipson, Tymac Launch, (brief on file)
The foregoing speakers reiterated many of issues raised by industry
representatives in the first agenda item, relating to 303 Railway
Street. Concern was expressed that increased residential development
will place pressure on the existing industrial base, and eventually
force industrial users out of the area. Comments were also made that
this rezoning will increase property values in the area, thus increasing
the rents of industrial users.
cont'd....
Clause No. 2 (cont'd)
Applicant Closing Comments
Mr. Paul Mayer stated the application meets the City's industrial
land policies, addresses social housing policies, has a neutral land
value, provides 22-30 affordable, rental artist live/work studios as a
public benefit, and has significant neighbourhood support.
Staff Closing Comments
Responding to a question from a member of Council, Mr. Kolvane Yuh,
Real Estate Services, advised the potential land value impact of
rezoning is neutralized by providing a public benefit on the site, in
the form of 22 affordable, rental units.
Council Discussion
During discussion of this application, a member of Council stated
the belief that given the background of this application, approval
should not be seen as a precedent setting for future applications.
MOVED by Cllr. Bellamy,
THAT the application be approved, subject to the conditions as set
out in this minute of the Public Hearing, and subject to the amendments
proposed in the memorandum from Rick Scobie dated August 1, 1996, and
set out in this minute of the Public Hearing.
- CARRIED UNANIMOUSLY
3. Rezoning: 705 West Broadway (Holiday Inn)
An application by Brook Development Planning Inc., was considered
as follows:
The proposed rezoning from C-3A Commercial District to CD-1
Comprehensive Development District would permit retention of the
existing Holiday Inn building, and development of a four-storey
multiple dwelling on the 8th Avenue parking lot. The rezoning
would increase allowable density on this site which has already
been fully used by the hotel building. The applicant proposes to
include a 232.3m2(2,500 sq.ft.) multi-purpose space for community
use, with access from West 8th Avenue.
cont'd....
Clause No. 3 (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 Davidson Yuen Simpson,
Architects, and stamped "Received City Planning Department, April
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.
(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) provision of detailed design of parking layout to determine
acceptable geometric of connections to lower residential
parking level;
ii) clarification of retention of all existing hotel parking
(current development permit indicates a requirement of 280
spaces);
iii) presentation of a full site planning exploration of options to
locate the proposed community space with the preferred
principal access from Heather Street near West 8th Avenue;
iv) design development to entry areas of townhouses to better
define private spaces (sightlines to be maintained); and
v) redistribution of open space to take greater advantage of
sunlight access.
(c) THAT, prior to enactment of the CD-1 By-law, the registered owner
shall:
i) obtain approval and registration of a subdivision plan for the
dedication of a 10' x 10' corner cut-off at the western side
of the site, for lane purposes;
ii) make arrangements to the satisfaction of the City Engineer for
provision of street trees adjacent 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;
cont'd....
Clause No. 3 (cont'd)
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;
and
v) register an option to lease (with the form of lease attached)
by which the Owner of Site B at his own cost must construct,
fit, finish and equip at least 2,500 sq. ft. of indoor space
including a kitchen and washrooms and lease same together with
required parking to the City for 2000 years at nominal rent.
If the property is subdivided by strata plan, the leased area
shall be common property. The Owner shall pay the City
$500,000 the annual interest from which will be used to defray
the costs of operating the space. The agreement shall be
drawn to the satisfaction of the Directors of Social Planning
and Legal Services and be registered in priority over all
charges which may defeat or delay these rights.
The Owner has proposed this community space in collaboration
with the Fairview Slopes Residents Association which feels it
can put the space to uses for the benefit of the community.
Use of this space by the Association shall be the subject of a
separate report to Council.
Also before Council was a memorandum from Rick Scobie, Director of
Land Use and Development, dated July 29, 1996, which advised that
further staff and applicant discussions regarding the condition of
approval pertaining to the community use space has resulted in the
following recommended amendment of Condition (c)(v):
"(c)(v) register an option to lease (with the form of lease
attached) by which the Owner of Site B at his own cost
must construct, fit, finish and equip at least 2,500
sq.ft. of indoor space including a kitchen and washrooms
and lease same together with required parking to the City
for 2000 years at nominal rent. If the property is
subdivided by strata plan, the lease area shall be common
property (alternatively, if so determined by the City and
Director of Legal Services, the leased area shall be made
a separate strata lot and conveyed to the City, at no
cost, with the strata plan unit entitlement to be to the
satisfaction of the City Manager). The Owner shall pay
the City $500,000 (or such other sum to be
cont'd....
Clause No. 3 (cont'd)
determined by the City Manager according to the
obligations assumed by the City under the lease or by
ownership of the strata lot) the annual interest from
which will be used to defray the cost of operating and
programming the space. The agreement shall be drawn to
the satisfaction of the City Manager and the Directors of
Social Planning and Legal Services and be registered in
priority over all charges which may defeat or delay these
rights.
(Note: The Owner has proposed this community space in
collaboration with the Fairview slopes Residents
Association which feels it can put the space to uses for
the benefit of the community. Use of this space by the
association shall be the subject of a separate report to
Council.)"
(Underlining denotes additions and changes)
The memorandum also noted that the foregoing change is irrelevant
if Council chooses to pursue the approach recommended by the City
Manager.
Staff Opening Comments
Mr. Rob Whitlock, Planner, advised this application involves the
existing Holiday Inn site, which if approved, will allow residential and
community space development of a portion of the site, which has been
used for surface parking since the hotel was developed in the early
1970s.
In June 1995, Council instructed Planning staff to give a high
priority to the combined public benefits of West 8th Avenue residential
development and a public amenity, and disregard the increased
non-conformity of the hotel.
This application has neighbourhood support, particularly due to the
provision of a proposed multi-purpose space offered by the applicant,
along with a $500,000 endowment to maintain the operation.
Mr. Whitlock noted the Park Board has indicated that a cash-in-lieu
payment of $875,000 to the Park Board would be preferable, and these
funds would be used to upgrade existing community facilities in either
False Creek or Mt. Pleasant. This recommendation stems from the belief
that the public benefit of this contribution could be lost if the
intended volunteer
cont'd....
Clause No. 3 (cont'd)
community coordination is not sustained over time. The City Manager
also supports this cash-in-lieu approach, which is listed for
consideration in the staff report.
Mr. Whitlock also introduced a further recommended amendment to
Section 5 of the draft by-law, which deletes reference to a minimum of
280 parking spaces for Site A and allows for possible mixed-use parking
reductions, which are currently being reviewed by staff in consultation
with the applicant's traffic consultant. The following amendment was
proposed:
"THAT, the draft CD-1 By-law be amended by replacing Section 5
with:
'Off-street parking, loading and bicycle spaces must be provided
developed and maintained in accordance with the applicable
provisions of the Parking By-law, except that off-street parking
for the multiple dwelling must be in accordance with the FM-1
provisions.'"
Applicant Opening Comments
Mr. Chuck Brook, applicant, advised this application reflects the
community aspirations of achieving a community space to meet the needs
of the Fairview Slopes Community.
In response to the Park Board comments, the proposed community
amenity space has been reduced from 5,500 sq. ft. to 2,500 sq. ft., and
the funds realized through the decrease in space will be devoted to an
endowment fund, to ensure the space is not a burden on the taxpayers.
Mr. Brook indicated agreement with the direction proposed in the
July 29, 1996 memorandum from Rick Scobie. However, it was proposed
that the motions be amended to clarify that the maximum total direct and
indirect contribution to be made by the Owner either in cash or kind
under Condition (c)(v) to construct, fit, finish and equip the community
space and to defray the cost of operating and programming the community
space is to be $850,000. The cash portion of the contribution of
approximately $500,000 is to be paid by the Owner to the City upon the
completion and occupation of the community space.
Concern was expressed with the City Manager's recommendation of a
cash-in-lieu payment of $875,000, which is contrary to the time, good
will, and expectations of the Fairview Slopes Community. This
recommendation is also contrary to the direction given to staff by
Council.
cont'd....
Clause No. 3 (cont'd)
Correspondence
A review of the correspondence on this application indicated the
following:
- letter supporting the application, but registering concerns about
the community space;
- 3 letters opposing the application;
- letter expressing the need for community space in Fairview Slopes;
- letter expressing concerns with the present condition of the
parking lot.
Speakers
Mayor Owen called for speakers for and against the application.
The following spoke in favour of the application, including the
provision of on-site community space:
- Lisa Christiensen, 700 Block West 8th Avenue
- Lin Bompas, Fairview Slopes Residents Association
- Ann Corin, 800 Block West 7th Avenue
- Susan Ross, 700 Block West 8th Avenue.
The foregoing supported the application based on one or more of the
following reasons:
- The existing parking lot is noisy, unsafe and a nuisance to the
neigbhours. Development on this site is preferential to the
present situation;
- This application is the result of much work on behalf of Fairview
Slopes residents, and is a win/win situation for the community, the
developer and the City;
- The Fairview Slopes community is in need of community space. At
present, Fairview Slopes residents are isolated because they do not
have community space, and the existing space at False Creek is too
far away to meet the needs of the neighbourhood;
cont'd....
Clause No. 3 (cont'd)
- The cash-in-lieu payment proposed by the Park Board and City
Manager should not be approved. The community has worked long and
hard to arrive at this proposal, which will be of no additional
cost to the taxpayers;
- Fairview Slopes is a distinct area with its own needs. It should
not be grouped into the neighbouring communities of False Creek,
Mt. Pleasant, or South Cambie.
Staff Closing Comments
Responding to a question from a member of Council, Mr. Whitlock
advised that staff have no objection to including in the agreement
referred to in Condition (c)(v), the requests from Mr. Brook that the
maximum contribution for the community space be $850,000, and the
payment of $500,000 by the owner upon completion and occupation of the
community space.
Council Discussion
During discussion of this matter, Council members noted this matter
had not been considered by the Park Board, so the cash-in-lieu position
reflects the views of Park Board staff.
Also, Engineering staff were instructed to investigate whether this
site is currently being used by tour buses, and to discuss with the
applicant, an alternate site for such a use.
MOVED by Cllr. Chiavario,
THAT the application be approved, subject to the conditions as set
out in this minute of the Public Hearing, and subject to the proposed
amendment to Section 5 of the draft CD-1 By-law, as outlined in this
minute, and subject to the following proposed amendment to Condition
(c)(v):
"(c)(v) register an option to lease (with the form of lease
attached) by which the Owner of Site B at his own cost
must construct, fit, finish and equip at least 2,500
sq.ft. of indoor space including a kitchen and washrooms
and lease same together with required parking to the City
for 2000 years at nominal rent. If the property is
subdivided by strata plan, the lease area shall be common
property (alternatively, if so determined by the City and
Director of Legal Services, the leased area shall be made
a separate
cont'd....
Clause No. 3 (cont'd)
strata lot and conveyed to the City, at no cost, with the
strata plan unit entitlement to be to the satisfaction of
the City Manager). The Owner shall pay the City $500,000
(or such other sum to be determined by the City Manager
according to the obligations assumed by the City under
the lease or by ownership of the strata lot) the annual
interest from which will be used to defray the cost of
operating and programming the space. The agreement shall
be drawn to the satisfaction of the City Manager and the
Directors of Social Planning and Legal Services and be
registered in priority over all charges which may defeat
or delay these rights.
(Note: The Owner has proposed this community space in
collaboration with the Fairview slopes Residents
Association which feels it can put the space to uses for
the benefit of the community. Use of this space by the
association shall be the subject of a separate report to
Council.)"
- CARRIED UNANIMOUSLY
(Councillor Kennedy absent for the vote)
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. Clarke,
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 on August 2, 1996,
at 12:20 a.m.