CITY OF VANCOUVER 1 SPECIAL COUNCIL MEETING MINUTES September 10, 1996 A Special Meeting of the Council of the City of Vancouver was held on Tuesday, September 10, 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. PRESENT: Mayor Owen Councillors Bellamy, Chiavario, Clarke, Hemer, Ip, Kwan and Sullivan ABSENT: Councillor Kennedy Councillor Price Councillor Puil CLERK TO THE COUNCIL: Tarja Tuominen 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: Industrial Lands Strategy I-2 Zoning An application by the Director of Land Use and Development was considered as follows: The proposed new I-2 Industrial District aims to meet the needs of contemporary industry while improving compatibility with nearby residential districts. Industrial lands which include M-1 and M-2 Industrial Districts and two CD-1 Comprehensive Development Districts, which are located in the False Creek Flats, Clark Drive, Grandview/Boundary and Marine Drive north of Kent Avenue industrial areas, are proposed to be rezoned to the I-2 Industrial District. Miscellaneous text amendments are proposed for other industrial district schedules. cont'd.... Clause No. 1 (cont'd) The Director of Land Use and Development recommended approval of the application. NOTE FROM CLERK: As Council wished to provide the opportunity for other affected persons to speak to this issue, this portion of the Public Hearing was adjourned. A new Public Hearing will be held on Tuesday, October 22, 1996. 2. Text Amendment: Wholesale Clubs and Accessory Retail Use An application by the Director of Land Use and Development was considered as follows: The proposed text amendments would clarify that wholesale clubs, warehouse stores, discount warehouses and factory outlets are considered retail uses. The amendments would also make retailing which is ancillary to a wholesale use a conditional approval use in the M-1, M-2, I-1, IC-1, IC-2 and IC-3 Industrial Districts. The Director of Land Use and Development recommended approval of the application. Also before Council was a memorandum from the Director of Land Use and Development dated September 10, 1996, which presented the following recommendations pertaining to the recommended amendment to section 2.2.A of the industrial district schedules: A. THAT Section 3 of the By-law to amend the Zoning and Development By-law (Wholesale Clubs) be amended by replacing the words "Section 2.2.M" by the words "Section 2.2.W". cont'd.... Clause No. 2 (cont'd) B. THAT Section 3 of the By-law to amend the Zoning and Development By-law (Wholesale Clubs) be amended by replacing the words "IC-3 and I-1" by the words "IC-3, I-1 and I-2." The memorandum also provided additional information concerning the draft amending by-law which were not discussed in the Policy Report, dated May 3, 1996, and referred to Public Hearing by Council on May 14, 1996. Staff Opening Comments Mr. Phil Mondor, Planner, reviewed the memorandum before Council and advised Recommendation B relating to the I-2 District Schedule need not be considered at this time as the application is deferred to a future meeting. Mr. Mondor noted the draft amending by-law incorporates the following proposed Zoning and Development By-law amendments: . Section 1 (Retail Uses) of the amending by-law includes two miscellaneous text amendments of a housekeeping nature. . Section 2 (Wholesale Uses) of the amending by-law proposes to include in the definitions of various Wholesaling Uses a warehouse club or wholesale club where customers are limited to members. . Section 3 (Accessory Uses) of the amending by-law, which removes accessory retail use in conjunction with wholesaling from the list of Outright Approval Uses, incorporates some clarification of the requirement for a wall to separate accessory and principal floor area and limits the requirement to accessory retail use. 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. cont'd.... Clause No. 2 (cont'd) MOVED by Cllr. Bellamy, THAT the application be approved, subject to the amendment to replace the words "Section 2.2M" by the words "Section 2.2.W" as proposed in the memorandum from the Director of Land Use and Development dated September 10, 1996, and set out in this minute of the Public Hearing. - CARRIED UNANIMOUSLY Items 3(a) and 3(b) were considered by Council concurrently. 3(a) Rezoning: 2750 Granville Street (Stanley Theatre) An application by the Stanley Theatre Society was considered as follows: The proposed rezoning from C-3A Commercial District to CD-1 Comprehensive Development District would permit the transfer of 4 087.6 m2 (44,000 sq. ft.) of developable floor area from 2750 Granville Street to one or more receiver sites in the Central Area, thereby allowing the rehabilitation and heritage designation of the Stanley Theatre for use as a venue for two live theatres. 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 for 2750 Granville Street (Stanley Theatre) be approved by Council in principle, generally as prepared by Waisman Dewar Grout Carter Inc. Architects/Planners, and stamped "Received City of Vancouver, Planning Department, July 12, 1996". (b) THAT prior to enactment of the CD-1 By-law, and at no cost to the City, the registered owner shall: i) execute a legal agreement satisfactory to the Director of Legal Services, limiting development on the site to a maximum of 1.81 FSR as defined in the CD-1 By-law; cont'd.... Clause No. 3 (cont'd) ii) execute a legal agreement satisfactory to the Director of Legal Services, to provide that the density bonus of 4 087.6 m2 (44,000 sq. ft.) shall accrue entirely to the Stanley Theatre Society; and iii) designate the building at 2750 Granville Street (Stanley Theatre) under Schedule 'A' of the City s Heritage By-law, including those interior fixtures and features as determined by the Director of Planning and the Stanley sign and marquee. (NOTE: Prior to enactment of the CD-1 By-law, the registered property owner will provide a letter waiving future compensation demands for this designation.) 3(b) Heritage Designation: 2750 Granville Street (Stanley Theatre) An application by the Stanley Theatre Society was considered as follows: The proposed amendment to the Heritage By-law No. 4837 would designate the Stanley Theatre building, including interior features and the Stanley sign and marquee, as protected Heritage Property. The Director of Land Use and Development recommended approval of the application. Staff Opening Comments Mr. Dave Thomsett, Planner, advised staff support both the rezoning application and the heritage designation. The proposed rezoning will allow for the preservation of the Stanley Theatre. The allowable density for the site is 4.53 FSR; 3.00 FSR under C-3A zoning, and 1.53 FSR heritage bonus density. The allowable density will provide 44,000 square feet for transfer elsewhere to other sites. A development permit has been approved for the uses in the proposal. Mr. Robert Lemon, Heritage Planner, described the heritage merits of the Stanley Theatre, which was constructed as a movie cinema in 1930. The Stanley Theatre is a landmark building and will be the first heritage interior so designated. The rehabilitation of the building will retain much of the original cont'd.... Clause No. 3 (cont'd) material and fixtures. Some of the notable features are the arches, the gilded shells containing recessed lights, the 'Stanley' sign and the marquee. All of heritage value will be saved. It will be an asset to the city to have the Theatre's doors reopened. The transfer of density could be sold to one of several sites, for example in the Broadway or downtown areas. Staff has to approve the transfer of density as a separate rezoning or a development application. Applicant Opening Comments Mr. Bill Millerd, Arts Club Theatre, advised approval of the rezoning application will allow the Arts Club Theatre to move ahead with its project. Heritage preservation of the Stanley Theatre will be a benefit to the City of Vancouver, and will provide a home for the Arts Club and TheatreSports. Mr. Bruce Milley, Stanley Theatre Society, advised the density transfer is crucial to allow the project to proceed. The Society is working closely with area merchants. The Society has also carefully considered area parking. Presently there are two lots which can provide 250 parking spaces. Summary of Correspondence Council was advised the following correspondence was received: - one letter in support of the heritage designation application; - one letter, containing 13 signatures, in support of the application; - one letter opposing the rezoning application. Speakers Mayor Owen called for speakers for and against the application. The following speakers supported the application and the heritage designation: - David Gillanders - Audrey Martin - Ed DesRoches. cont'd.... Clause No. 3 (cont'd) The foregoing supported the application based on one or more of the following reasons: . The transfer of density of 44,000 square feet will allow the Stanley Theatre Society to preserve an important heritage landmark; . Preservation of the Stanley Theatre as a heritage building will be an asset to the community. MOVED by Cllr. Chiavario, A. THAT the application be approved, subject to the conditions as set out in this minute of the Public Hearing. B. THAT Council approve the designation of the building at 2750 Granville Street (Stanley Theatre) under Schedule 'A' of the Vancouver Heritage By-law, including those interior fixtures and features as determined by the Director of Planning, and the 'Stanley' sign and marquee. - CARRIED UNANIMOUSLY - - - CONFLICT OF INTEREST Prior to consideration of Item #4, Councillor Ip declared a conflict of interest, because she is a property owner in the immediate area. Councillor Ip left the meeting at this point and did not return until the conclusion of the vote on this item. 4. CD-1 Text Amendment: 1202-1389 Pacific Boulevard (Roundhouse Neighbourhood) An application by the Director of Land Use and Development was considered as follows: The proposed text amendment would reduce the maximum amount of amenity space excluded from floor space ratio calculation from 3 500 m2 to 3 000 m2 and exempt non-market housing from this maximum. cont'd.... Clause No. 4 (cont'd) The Director of Land Use and Development recommended approval of the application. Staff Comments Staff offered no additional comments on this application. Summary of Correspondence There was no correspondence received on this matter. Speakers Mayor Owen called for speakers for and against the application, and none were present. MOVED by Cllr. Clarke, THAT the application be approved. - CARRIED UNANIMOUSLY (Councillor Ip was not present for the vote) 5. CD-1 Text Amendment: 1599 Coal Harbour Quay An application by Busby & Associates Architects Ltd. was considered as follows: The proposed text amendment would permit a 1.0 m (3 ft.) height increase to a waterfront commercial building for a restaurant use. The Director of Land Use and Development recommended approval of the application. Staff Comments Staff offered no additional comments on this application. Applicant Comments The applicant offered no comments on this application. cont'd.... Clause No. 5 (cont'd) Summary of Correspondence Council was advised one letter was received supporting the 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. - CARRIED UNANIMOUSLY RISE FROM COMMITTEE OF THE WHOLE MOVED by Cllr. Clarke, 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 at 10:25 p.m.