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                  (WITHDRAWN)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.

                          *  *  *