6 CITY OF VANCOUVER SPECIAL COUNCIL MEETING MINUTES October...

6
CITY OF VANCOUVER

SPECIAL COUNCIL MEETING MINUTES

October 8, 1996

A Special Meeting of the Council of the City of Vancouver was held
on Tuesday, October 8, 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, Puil and
Sullivan

ABSENT: Councillor Kwan (Leave of Absence)
Councillor Price (Sick Leave)

CLERK TO THE COUNCIL: Nancy Largent

COMMITTEE OF THE WHOLE

MOVED by Cllr. Bellamy,
SECONDED by Cllr. Kennedy,
THAT this Council resolve itself into Committee of the Whole, Mayor
Owen in the Chair, to consider proposed amendments to the Zoning and
Development By-law.
- CARRIED UNANIMOUSLY

1. Text Amendment: RS-5 District Schedule
Impermeable Materials

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

Summary: The proposed text amendment would add to the RS-5 District
Schedule, the same as is in the RS-6 District Schedule, controls to
limit the area of impermeable materials (buildings and hard or
paved surfaces) to a maximum of 60% of site area. This amendment
would limit increased stormwater runoff into the sewer system while
addressing concerns about the retention of landscape planting and
lawns.

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

cont'd....

Clause No. 1 (cont'd)

Staff Opening Comments

Bob McGilvray, Planner, advised the proposed text amendment would
regulate the maximum site coverage by impermeable materials, addressing
concerns around landscaping and civic infrastructure issues. The
controls would limit increased stormwater runoff into the sewer system,
reducing flooding potential. Loss of landscaping area would also be
controlled. Impermeable structures would not exceed 60% for a new
house, subject to the discretionary powers available to the Approving
Officer.

Summary of Correspondence

No correspondence was received on this application.

Speakers

One speaker was registered for this item, but declined to speak
when called upon by the Mayor. The Mayor called for additional speakers
for and against the application, and none were present.

MOVED by Cllr. Hemer,
THAT the application to amend the RS-5 District Schedule to control
the maximum area of impermeable materials on site, generally in
accordance with Appendix A of the Policy Report dated July 25, 1996, be
approved.

- CARRIED UNANIMOUSLY

2. Area Rezoning: Portion of West Kerrisdale

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

Summary: The proposed rezoning from RS-1 to RS-5 would encourage
the design of new development and additions to be compatible with
nearby development.

RS-5 Zoning:

permits slightly more floor space than RS-1 for new houses
that go through a design review process (design guidelines
require new houses to fit in with adjacent houses);

cont'd....

Clause No. 2 (cont'd)

permits slightly less floor space than RS-1 for new houses
that do not go through a design review process;

permits the same floor space as RS-1 for additions to existing
houses and permits slightly more floor space than RS-1 for
additions that go through a design review process;

requires the front yard depth to be the average of adjacent
front yards; and

permits slightly more height than RS-1 provided the roof is
pitched.

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

Staff Opening Comments

Jacquie Forbes-Roberts, Director of Community Planning, drew
Council's attention to a memorandum before it dated October 1, 1996,
dealing with possible revisions to the Fee By-law for one-family
dwelling zones. When Council referred the proposed rezonings of a
portion of West Kerrisdale and MacKenzie Heights (item 3 of this Public
Hearing) to RS-5 on July 30, 1996, it also approved an increase in
development application fees to fully recover costs of proposed
rezonings, if approved.

Ms. Forbes-Roberts advised an additional report on the proposed fee
increase is expected to be scheduled for the October 24, 1996 meeting of
the Standing Committee on Planning and Environment. The proposed fees
will differ from those set out in the referral report (Policy Report
dated July 25, 1996), because the fee increase approved in connection
with a recent amendment to the Private Property Tree By-law was not
included in the figures.

Bob McGilvray, Planner, briefly reviewed characteristics of the
proposed RS-5 zoning, as previously set out in this Minute of Public
Hearing. The proposed zoning is intended to address concerns about the
design of new development and landscaping. Mr. McGilvray also described
the public process, including results of a random sample telephone
survey of area residents and property owners carried out by an
independent consultant which indicated majority support for a change of
zoning, and preference for RS-5 over RS-6, the two options presented.

cont'd....

Clause No. 2 (cont'd)

Mr. McGilvray also commented that staff have reviewed whether
property values are likely to be affected by the proposed zoning, and
based on the experience of the similar rezoning of South Shaughnessy, no
negative impact is expected.

Summary of Correspondence

A review of the correspondence received on this application
indicated the following:

- five letters supporting the application;

- one letter supporting RS-5 with a number of reservations and
proposed amendments.

Speakers

The Mayor called for speakers for and against the application. The
following spoke in favour of the application before Council:

- Bill Farish, 5900 Block Trafalgar Street
- Emmerich Ceschi, 6200 Block Elm Street
- Burt Dennis, 2100 Block West 46th Avenue
- Sylvia Sinclair, 2900 Block West 44th Avenue
- Jennifer Yule, 6000 Block MacDonald Street
- Craig Rowland, 2900 West 44th Avenue.

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

- the proposed rezoning is strongly supported by the neighbourhood;

- many new developments in the area have not been in keeping with
neighbourhood character, and the change to RS-5 zoning will produce
more compatible new homes;

- there is concern about the rapidity of change in the area, which
would be less severe if new homes fit in better;

- RS-5 allows greater freedom of design in some instances;

- the change to RS-5 would be beneficial for tree preservation, which
is important to the community;

- several speakers expressed the hope that this protection will be
extended to the remainder of Kerrisdale in the near future;

cont'd....

Clause No. 2 (cont'd)

- Council was asked to rezone the area immediately to allow those who
have been awaiting the results of the planning process to commence
contemplated projects.

There were no speakers opposed to the application.

Staff Closing Comments

Rick Scobie, Director of Land Use and Development, responded to
queries regarding Council's ability to regulate tree removal when a
property is being developed. Under the current Charter authority, the
City has no power to prohibit tree removal within the buildable area of
the building envelope. For example, this may result in removal of trees
from the buildable area for ancillary buildings which are not
subsequently constructed. Permits allow buildings to be constructed but
do not require their construction. There may be no solution to this
short of seeking a Charter amendment, but Mr. Scobie pointed out that
the Province has granted Vancouver the same powers to regulate tree
removal as all other municipalities. The Corporation Counsel is
reviewing this issue and may be able to make recommendations.

Mr. McGilvray indicated that under RS-5, staff will often be able
to negotiate where ancillary buildings will go and other matters
pertinent to landscaping.

MOVED by Cllr. Clarke,
THAT the application to rezone the area generally bounded by West
41st Avenue, Larch Street, the lane west of Balsam Street, the lane
north of West 45th Avenue, the lane west of West Boulevard, West 49th
Avenue, Southwest Marine Drive, Southlands Place, Balaclava Street, and
the lane north of West 42nd Avenue (a portion of West Kerrisdale) shown
on Figure 1 of the Policy Report dated July 25, 1996, from RS-1 to RS-5
be approved;

FURTHER THAT the renamed and amended "RS-5 Design Guidelines"
(formally the "South Shaughnessy RS-5 Design Guidelines" - Appendix B of
the Policy Report dated July 25, 1996) be adopted by resolution of
Council for the two new RS-5 Districts;

FURTHER THAT Council defer a final decision on permit fee increases
to recover costs associated with the increase in services provided in
the RS zones pending a further report from staff on this subject;

cont'd....

Clause No. 2 (cont'd)

AND FURTHER THAT the Director of Planning pay special attention to
the rear yard when landscaping plans are submitted in the RS-5 zone to
ensure that appropriate plant material including trees are planted in
the rear yard after an accessory building has been completed.

- CARRIED UNANIMOUSLY

3. Area Rezoning: MacKenzie Heights

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

Summary: The proposed rezoning from RS-1 to RS-5 would encourage
the design of new development and additions to be compatible with
nearby development.

RS-5 Zoning:

- permits slightly more floor space than RS-1 for new houses
that go through a design review process (design guidelines
require new houses to fit in with adjacent houses);

- permits slightly less floor space than RS-1 for new houses
that do not go through a design review process;

- permits the same floor space as RS-1 for additions to existing
houses and permits slightly more floor space than RS-1 for
additions that go through a design review process;

- requires the front yard depth to be the average of adjacent
front yards; and

- permits slightly more height than RS-1 provided the roof is
pitched.

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

cont'd....

Clause No. 3 (cont'd)

Staff Opening Comments

Mr. McGilvray also drew Council's attention to the map of the
MacKenzie Heights Study Area (Figure 2 of the July 25, 1996 Policy
Report), pointing out that the area proposed for rezoning is smaller
than the study area. A portion of the northeast corner along Quesnel
Drive was deleted primarily because of the potential for view blockage.

Summary of Correspondence A review of the correspondence received on this application
indicated the following:

- one letter in support of the application;

- two letters opposing the application.

Speakers

Mayor Owen called for speakers for and against the application.
The following speakers spoke in favour of the application before
Council:

- David Bullus, 3100 Block West 27th Avenue
- Leslie Paris, 3100 Block West 27th Avenue
- Bill Rapanos, 4100 Block Carnarvon Street
- Tony Letvenchuk, area resident.

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

cont'd....

Clause No. 3 (cont'd)

- many new developments in the area have not been in keeping with
neighbourhood character, and the change to RS-5 zoning will produce
more compatible new homes;

- there is concern about the rapidity of change in the area and the
loss of many heritage homes, and because RS-5 would encourage more
compatible redevelopment, it will induce long-time residents to
remain in the area and renovate their existing homes rather than
sell out;

- the change to RS-5 would be beneficial for tree preservation, which
is important to the community;

- this is a good interim step to deal with the community's problems,
with more remaining to be done in the context of the CityPlan
process;

- a fair and democratic process was followed to arrive at the
proposed rezoning, with ample opportunity to obtain information and
express opinion, and the neighbourhood clearly supports the
rezoning.

The following speakers opposed the application:

- Russell Uhler, 2900 Block West 28th Avenue
- Jon Silbernagel, 2800 Block West 29th Avenue
- James Cheng, 2900 Block West 27th Avenue.

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

- RS-5 is a design-driven zoning intended to make new structures
conform to the existing neighbourhood, and its workability is
questionable in MacKenzie Heights, which has such a wide variety of
home types;

- property values will go down because developers will be less ready
to buy properties in an area where the development process is
slower and more restrictive (South Shaughnessy was not considered
comparable to MacKenzie Heights);

- it is doubtful the differences between RS-6 and RS-5 were clear to
those surveyed, and they may have been unduly influenced by a
newsletter distributed by the community association;

cont'd....

Clause No. 3 (cont'd)

- RS-5 will make possible extremely large accessory buildings on
33-foot lots;

- the planning process was undemocratic in that the area was offered
a restricted choice between only two types of zoning, did not
participate in formulation of the questionnaire, and will not have
an opportunity to vote on the proposed rezoning as in a referendum;

- only 42.5% of those surveyed supported RS-5 as opposed to 25% in
favor of RS-6, hardly an overwhelming majority;

- inconsistent interpretation of RS-5 guidelines by staff may lead to
lack of credibility;

- houses on the south side of 27th Avenue at Quesnel Drive should
also be excluded because of potential view blockage;

- topping and trimming of trees should be allowed to preserve views.

Jami Koehl, McIntyre Mustel, responded to queries concerning the
methodology of the telephone survey and the availability of translation
services. In some cases, as many as five calls were made to individual
households.

Staff Closing Comments

Mr. McGilvray commented on the intent and workability of the
proposed RS-5 zoning, and the issue of property values. The conditional
stream will allow applicants to obtain additional floor space provided
compatibility is achieved. The process may be lengthy if the proposed
design is very different from the neighbourhood, but is a fairly easy
process for the majority of applications. Similar concerns about
workability and loss of property value were expressed at the time of the
South Shaughnessy rezoning, but they have not been borne out. Mr.
McGilvray also referenced the suggestion to exclude the south side of
27th Avenue at Quesnel, noting that the block's response to the survey
favoured the proposed rezoning.

Rick Scobie, Director of Land Use and Development, explained the
formula for calculating the size of accessory buildings. This reflects
what the community considered an appropriate size, and will become more
restrictive as the width of the lot increases. Mr. Scobie also
reviewed the City's powers with respect to tree

cont'd....

Clause No. 3 (cont'd)

preservation, as well as the options of property owners. Mr. Scobie
commented that arboriculturists do not generally favour topping, since
it weakens the tree. Owners have the option to remove one tree per year
provided it is replaced, and the Planning Department has available a
list of appropriate replacement species.

Council Discussion

Council felt the low turn-out of speakers opposed to the rezoning
was an indication of good community support, recalling other Public
Hearings when the Council Chamber was filled to overflowing with
speakers against the proposed rezoning of their neighbourhoods. Staff
were congratulated on their work in the West Kerrisdale and MacKenzie
Heights areas.

MOVED by Cllr. Clarke,
THAT the application to rezone the area generally bounded by King
Edward Avenue, the lane west of Quesnel Drive, Quesnel Drive, Macdonald
Street, the lane north of Elm Street, West 33rd Avenue, and Blenheim
Street (MacKenzie Heights) shown on Figure 2 of the Policy Report dated
July 25, 1996 from RS-1 to RS-5 be approved;

- CARRIED UNANIMOUSLY

RISE FROM COMMITTEE OF THE WHOLE

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

- CARRIED UNANIMOUSLY

ADOPT REPORT OF COMMITTEE OF THE WHOLE

MOVED by Cllr. Bellamy.
SECONDED by Cllr. Kennedy,
THAT the report of the Committee of the Whole be adopted.

- CARRIED UNANIMOUSLY

BY-LAWS

1. A By-law to amend By-law No. 3575,
being the Zoning and Development By-law
(RS-5 - Impermeable Materials)

MOVED by Cllr. Hemer,
SECONDED by Cllr. Kennedy,
THAT the By-law be introduced and read a first time.

- CARRIED UNANIMOUSLY

The By-law was read a first time and the Presiding Officer declared
the By-law open for discussion and amendment.

There being no amendments, it was

MOVED by Cllr. Hemer,
SECONDED by Cllr. Kennedy,
THAT the By-law be given second and third readings and the Mayor
and City Clerk be authorized to sign and seal the By-law.

- CARRIED UNANIMOUSLY

BY-LAWS (CONT'D)

2. A By-law to amend By-law No. 3575,
being the Zoning and Development By-law
(Portion of West Kerrisdale)

MOVED by Cllr. Hemer,
SECONDED by Cllr. Kennedy,
THAT the By-law be introduced and read a first time.

- CARRIED UNANIMOUSLY

The By-law was read a first time and the Presiding Officer declared
the By-law open for discussion and amendment.

There being no amendments, it was

MOVED by Cllr. Hemer,
SECONDED by Cllr. Kennedy,
THAT the By-law be given second and third readings and the Mayor
and City Clerk be authorized to sign and seal the By-law.

- CARRIED UNANIMOUSLY

3. A By-law to amend By-law No. 3575,
being the Zoning and Development By-law
(MacKenzie Heights)

MOVED by Cllr. Chiavario,
SECONDED by Cllr. Clarke,
THAT the By-law be introduced and read a first time.

- CARRIED UNANIMOUSLY

The By-law was read a first time and the Presiding Officer declared
the By-law open for discussion and amendment.

There being no amendments, it was

MOVED by Cllr. Chiavario,
SECONDED by Cllr. Clarke,
THAT the By-law be given second and third readings and the Mayor
and City Clerk be authorized to sign and seal the By-law.

- CARRIED UNANIMOUSLY

* * *

The Special Council adjourned at 9:35 p.m.