2
CITY OF VANCOUVER
REGULAR COUNCIL MEETING
NOVEMBER 28, 1996
A Regular Meeting of Vancouver City Council was held on Thursday,
November 28, 1996, at 3:45 p.m. in Committee Room No. 1, Third Floor,
City Hall, following the Standing Committee on Planning and Environment
meeting, to consider the recommendations of the Committee.
PRESENT: Mayor Owen
Councillors Bellamy, Chiavario, Clarke,
Ip, Price, Puil and Sullivan
ABSENT: Councillor Hemer (Leave of Absence)
Councillor Kennedy (Civic Business)
Councillor Kwan
CITY MANAGER'S OFFICE: Ken Dobell, City Manager
CLERK TO THE COUNCIL: Denise Salmon
COMMITTEE OF THE WHOLE
MOVED by Cllr. Bellamy,
SECONDED by Cllr. Price,
THAT this Council resolve itself into Committee of the Whole, Mayor
Owen in the Chair.
- CARRIED UNANIMOUSLY
COMMITTEE REPORTS
Report of Standing Committee
on Planning and Environment
November 28, 1996
Council considered the recommendations of the Committee, as
contained in the following clauses of the attached report:
Cl. 1 Areaway Encroachment - 8 West Pender Street
Cl. 2 East Side of the 8400-8500 Block Adera Street
Proposed Amendment to Subdivision By-law No. 5208
and Concurrent Rezoning to RS-6
Cl. 3 Proposed Rezoning of 6691-6699 Victoria Drive
(WITHDRAWN)
Cl. 4 Text Amendments: 3624 Fraser Street
Royal Canadian Legion, Branch #68
Report of Standing Committee
on Planning and Environment
November 28, 1996
Clauses 1, 2 and 4
MOVED by Cllr. Clarke,
THAT the recommendations of the Committee, as set out in Clauses 1,
2 and 4 of the attached report, be approved.
- CARRIED UNANIMOUSLY
MANAGER'S REPORTS
* * *
Councillor Puil left the meeting at this point.
* * *
1. Administrative Report
(November 8, 1996)
Stanley Theatre Transferable Density
- 2750 Granville Street File: 5301-3
In response to questions from Council, Mr. Scobie advised the
rezoning and heritage designation of the Stanley Theatre, when approved
in principle, was linked to the understanding the proposed transferable
density bonus would be solely for the benefit of the Stanley Theatre
Society. However, with Council's deferral of a decision on Wall Centre,
the owner (Paramount) is concerned the bonus density may not be sold and
sale of the Stanley Theatre to the Society not completed. Paramount has
now indicated a desire to have any unsold bonus density conferred to it
if/when the lease agreement is terminated.
Mr. Scobie recommended Council change the condition of the rezoning
approval. There is some risk but staff are confident in the ability of
the Stanley Theatre Society to sell the density and acquire the theatre.
The lease could only be terminated with just cause (e.g., if the Stanley
Theatre Society is delinquent on rent a number of times). It was also
noted the by-law presented this day is contingent upon approval of the
General Manager of Community Services' recommendation.
(cont'd)
MANAGER'S REPORTS (CONT'D)
1. Administrative Report
(November 8, 1996) (Cont'd)
Stanley Theatre Transferable Density
- 2750 Granville Street (cont'd) File: 5301-3
MOVED by Cllr. Chiavario,
THAT Council approve contractual arrangements by which the proposed
transferable density bonus of forty-four thousand (44,000) square feet,
to be created for the Stanley Theatre site by the proposed rezoning
revert to and become the property of the registered owner of the Stanley
Theatre in the event that such density bonus is not wholly transferred
to a third party prior to the expiration or termination of the lease of
the theatre held by the Stanley Theatre Society.
FURTHER THAT staff be requested to seek from the registered owner
(Paramount Communications) a commitment they will not proceed with the
sale or transfer of any residual density bonus without first allowing
City Council to revisit the matter.
- 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. Clarke,
SECONDED by Cllr. Price,
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
(2750 Granville Street Stanley Theatre'
- C3-A to CD-1
MOVED by Cllr. Chiavario,
SECONDED by Cllr. Ip,
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. Ip,
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
(COUNCILLORS PRICE AND PUIL
WERE EXCUSED FROM VOTING ON THIS BY-LAW.)
* * *
Council adjourned at 4:10 p.m.
* * *
REPORT TO COUNCIL
STANDING COMMITTEE OF COUNCIL
ON PLANNING AND ENVIRONMENT
November 28, 1996
A Regular Meeting of the Standing Committee of Council on Planning
and Environment was held on Thursday, November 28, 1996, at 2:00 p.m. in
Committee Room No.1, Third Floor, City Hall.
PRESENT: Councillor Price, Chair
Mayor Owen
Councillor Bellamy
Councillor Chiavario
Councillor Clarke
Councillor Ip
Councillor Puil
Councillor Sullivan
ABSENT: Councillor Hemer (Leave of Absence)
Councillor Kennedy (Civic Business)
Councillor Kwan
CITY MANAGER'S OFFICE: Ken Dobell, City Manager
CLERK: Denise Salmon
ADOPTION OF MINUTES
The minutes of the meetings of October 24 and November 7, 1996,
were adopted as circulated.
RECOMMENDATION
1. Areaway Encroachment - 8 West Pender Street File: 5101-3
The Committee had before it an Administrative Report dated November
13, 1996, (on file), in which the General Manager of Engineering
Services, in consultation with the Manager of Real Estate Services,
Director of Legal Services and General Manager of Community Services
recommended unpaid fees for the encroachments at 8 West Pender be
collected, noting all areaways should be treated equitably. However, if
Council believes there is justification for reducing the fees,
Consideration Item B was offered wherein the fees for areaway
encroachments at 8 West Pender would be reduced to a nominal fee, noting
the bay windows would still be subject to an annual fee, and the fee
reduction be retroactive.
(cont'd)
Clause No. 1 (Cont'd)
Mr. Don Brynildsen, Assistant City Engineer - Streets, explained to
the Committee, with the aid of schematics, the encroachment issues. Ms.
Jeannette Hlavach, Heritage Planner, provided background on the history
of the building and its restored features. She noted the Sam Kee
Building is listed as an 'A' Category building in the
Provincially-designated HA-1 District. The building received a heritage
award in 1986, and all glass block restoration in the adjacent sidewalk
has been at the expense of the owner. It was also noted all
encroachments are part of the original building, constructed in 1913.
In response to questions from Council, Engineering staff advised
they are unaware of other buildings not paying for bay window
encroachments. It was also noted the owners had agreed to pay an annual
encroachment fee in 1986. No fees have been paid since 1992.
Messrs. Rod and Reg Chow, owners of the Sam Kee Building, noted
their building is unique in that it has been completely rehabilitated,
at the their own expense, and was declared "one of a kind" in 1986.
Climate control and sprinklers have been installed in the areaway for
preservation purposes. Reference was also made to the Europe Hotel's
areaway rehabilitation project which was abandoned due to excessive
cost. Mr. Chow explained the encroachment agreement for 8 West Pender
Street was made in 1986 as a condition of the approval of the building's
rehabilitation. He further advised this agreement was set up to not
permit any fee increases, but this was overridden by a by-law revision
four years later.
After lengthy discussion, some members of Council felt the Chow's
had not fulfilled their agreement by withholding payment and the unpaid
fees should be collected, while others agreed the Sam Kee Building is
unique in Vancouver's history, and worthy of special consideration.
The following motion by Councillor Bellamy was put and carried.
Therefore, the Committee
RECOMMENDED
THAT the fees for the areaway encroachment at 8 West Pender Street
be reduced from the current rate to a nominal fee (noting that the
overhead bay windows would still be subject to an annual fee of
approximately $260), and that the fee reduction be retroactive.
- CARRIED
(Councillors Clarke and Puil opposed.)
2. East Side of the 8400-8500 Block Adera Street
Proposed Amendment to Subdivision
By-law No. 5208 and Concurrent Rezoning to RS-6 File: 5303-3
The Committee had before it an Administrative Report dated October
11, 1996 (on file), in which the Director of Land Use & Development, in
consultation with the Director of Community Planning responded to
Council's directive to investigate an alternative zoning for the
properties on the east side of the 8400-8500 Block Adera Street.
Approval of the application to reclassify these properties from Category
"C" to "A" for the purpose of subdivision was recommended. Presented
for consideration was the rezoning of both sides of the 8400-8500 Block
Adera Street from RS-1 to RS-6.
The General Manager of Community Services recommended approval of
the reclassification and submitted the rezoning issues for
consideration.
Mr. Rick Scobie, Director of Land Use and Development, provided
background on the application to reclassify the properties on the east
side of Adera and offered options to link the sub-division with the
rezoning process. He also noted a resident survey indicated support for
both reclassification and rezoning from east side owners, and objection
to both initiatives from owners on the west.
In response to a question from Council on whether the property
reclassification from Category "C" to "A" would impact the "A" listed
heritage building at 8468 Adera, Ms. Jaquie Forbes-Roberts advised
options would still be available for avoiding demolition of the house.
Mr. Hardwin Von Hahn, area resident, requested Council approve the
application to reclassify the properties on the east side of the
8400-8500 Block Adera to Category "A" of Schedule A, Table 1, of the
Subdivision By-law No. 5208, and supported the application to rezone the
properties on both sides of Adera from RS-1 to RS-6. This would allow
for a higher tax base for the City and fits with City Plan.
Ms. Ann Lunghamer, area resident, noted she was also speaking for
the Macdonald's, her neighbours. She highlighted the removal of trees
and bulldozed lots along Cornish, and did not want a similar situation
on Adera. She further advised City Planners have confirmed the Cornish
development generally complies with RS-6 zoning. She urged support for
a creative use of the land, with perhaps a low-rise multi-family or
seniors' housing. However this option was not given in the City's
survey.
(cont'd)
Clause No. 2 (Cont'd)
Brief discussion ensued on RS-1 versus RS-6 development.
Ms. Forbes-Roberts advised RS-6 uses a different envelope, and offers
some design guidelines, although there is nothing to prevent
reproduction of buildings. However, the new Tree By-law encourages
more planted yards.
Mr. Larry Lunghamer, area resident, supported his wife's comments
and felt if change has to happen it should benefit the City. He
supported a development such as seniors' housing, noting the site was
ideally situated close to both shops and bus routes.
Mr. Larry Meyer, area resident, supported reclassification of the
properties on the east side of Adera from Category "C" to Category "A".
He noted only those residing on the west side, who have already been
subdivided, are opposed to the recommendation of the General Manager of
Community Services. He observed if RS-6 is not supported, larger houses
would result. Mr. Meyer further noted development on Adera would evolve
differently from that on Cornish, as the entire block would not be
redeveloped at one time.
Mr. John Friesen, speaking on behalf of his son, an area resident,
advised he was not opposed to rezoning per se, but not RS-1, and added
the reclassification of the east side properties in conjunction with
RS-6 or multi-family zoning was an option. Mr. Friesen acknowledged
owners on the west side of Adera do not want a repeat of Cornish Street.
At this point in the meeting he circulated photographs of the Cornish
Street development.
Ms. Verena von Hahn, area resident, stated the owners on the east
side of Adera should be given the same consideration as those on the
west. She favoured reclassification of the east side properties and
rezoning properties on both the east and west side of Adera from RS-1 to
RS-6.
Ms. Julie von Hahn, speaking for Mr. Robert Watson, a neighbour,
advised owners on the east side of Adera felt they were entitled to the
same consideration given the west side residents. She advised the
Cornish development was owned by one developer, which resulted in the
similarity of buildings, and mass tree removal. Adera would be
developed at a different rate, as owners decided to subdivide.
After discussion, Council agreed referral to Public Hearing may
clarify public opinion on rezoning the Adera Street properties from RS-1
to RS-6. Mr. Scobie advised this Public Hearing would most likely be
set for some time in April.
(cont'd)
Clause No. 2 (Cont'd)
The following motion by Councillor Clarke was put and carried.
Therefore, the Committee
RECOMMENDED
A. THAT Council approve the application to reclassify the
properties on the east side of 8400-8500 Block Adera Street
from Category "C" to Category "A" of Schedule A, Table 1, of
Subdivision By-law, No. 5208.
B. THAT the Director of Land Use & Development be instructed to
make application to rezone the properties on both the east and
west sides of the 8400-8500 Block Adera Street from RS-1 to
RS-6;
AND THAT the application and by-law be referred to a Public
Hearing, with the understanding that enactment of the by-law
that would reclassify the properties be withheld until after
the Public Hearing;
FURTHER THAT the Director of Legal Services be instructed to
prepare the necessary by-law for consideration at the Hearing;
AND FURTHER THAT, Planning staff not report any incoming
development applications for possible withholding action
pursuant to Section 570 of the Vancouver Charter.
- CARRIED UNANIMOUSLY
3. Proposed Rezoning of 6691-6699 Victoria Drive File: 5308-3
This item was withdrawn.
4. Text Amendments: 3624 Fraser Street
Royal Canadian Legion, Branch #68 File: 5304-3/2501-3
The Committee had before it an Administrative Report dated November
19, 1996 (on file), in which the Manager of the Housing Centre and the
Director of Land Use & Development, in consultation with the Director of
Legal Services, presented for Council's consideration a request from
Branch #68 of the Royal Canadian Legion that they be relieved of their
obligations under the CD-1 By-law to provide 8 rental units in their
development at 20th and Fraser and to restrict sales of the units to
seniors.
(cont'd)
Clause No. 4 (Cont'd)
The following motion by Councillor Puil was put and carried.
Therefore, the Committee
RECOMMENDED
A. THAT Branch #68 of the Royal Canadian Legion be advised that
Council would consider eliminating the existing restriction
requiring 8 rental units in the development at 3624 Fraser
Street in return for a contribution of $50,000 to the City s
Affordable Housing Fund and subject to a rezoning application
to amend the CD-1 By-law to delete the requirement that 8
units be eligible for government funding and rescind condition
of enactment c(iii) requiring 8 rental units.
B. THAT Branch #68 of the Royal Canadian Legion be advised that
Council would consider eliminating the requirement that all
units in the development at 3624 Fraser Street be for seniors,
subject to a rezoning application to amend the CD-1 By-law to
delete the requirement that all units be occupied by
households, at least one member of which be 55 years of age or
older.
C. THAT, subject to Branch #68 making the necessary application
and paying the appropriate rezoning application fee to amend
By-law No.7157 in accordance with Council s decision regarding
A)and B), the Director of Legal Services be instructed to
prepare the necessary by-law for consideration at public
hearing;
AND FURTHER THAT the application be directly referred to
public hearing.
- CARRIED UNANIMOUSLY
* * *
The Committee adjourned at 3:45 p.m.
* * *