1
                                                                      CITY OF VANCOUVER

                                                               SPECIAL COUNCIL MEETING MINUTES

                                                                      JANUARY 16, 1997


                                      A  Special Meeting of  the Council of the  City of Vancouver was  held on Tuesday, January
     16, 1997,  in the  Council Chamber,  third Floor,  City Hall,  for the  purpose of  holding a  Public Hearing  to consider
     proposed amendments to the Zoning and Development By-law.

              PRESENT                    :                           Mayor Philip Owen
                                                Councillor Don Bellamy
                                                Councillor Jennifer Clarke
                                                Councillor Alan Herbert
                                                Councillor Lynne Kennedy
                                                Councillor Daniel Lee
                                                Councillor Don Lee
                                                Councillor Gordon Price
                                                Councillor Sam Sullivan

              ABSENT:                  Councillor Nancy A. Chiavario (Leave of Absence)
                                                Councillor George Puil (Civic Business)

              CLERK TO THE                         
              COUNCIL                    :                           Nancy Largent



     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,  to consider proposed
     amendments to the Zoning and Development By-law.

                                                                         - CARRIED UNANIMOUSLY
                                    Items 1(a) and 1(b) were considered by Council concurrently.

     1(a)     Rezoning: 2197 West 11th Avenue
              2625-27 Arbutus Street and
              2176 West 10th Avenue (Bastion/Intracorp)                                                      

              An application by Nigel Baldwin, Architect, was considered as follows:

              Summary:   The proposed rezoning  from M-1 Industrial  District to  CD-1 Comprehensive Development  District would
              permit multiple  dwellings on three  parcels, with  commercial use at  grade along Arbutus  Street.   Four stories
              would be permitted on the Arbutus Street  and West 10th Avenue parcels, and seven stories on  the West 11th Avenue
              parcel.  The proposal makes slight adjustments to a previous application approved by Council in May, 1994.

              The Director of  City Plans recommended approval of the application,  subject to the following conditions proposed
     for adoption by resolution of Council:

              The Director of Legal Services, in consultation with the Director of  Land Use and Development, the Manager of the
              Housing  Centre and the  General Manager of  Engineering Services, put  forward the following  draft conditions of
              approval, noting that further changes and additions may be contemplated in preparation for the Public Hearing.  

              References in the following conditions to various lands shall be interpreted as follows:

              I)      "Bastion-Intracorp  Lands" shall mean Lot A [ex. Plan 17316] and  Lots 11-20 inclusive [Plan 4905], Block
                      364, D.L. 526, Plan 4905, Group  1, N.W.D., generally known as 2197 West 11th Avenue and  2625-27 Arbutus
                      Street and being those lands presently owned by 363027 B.C. Limited;

              II)     "City Lands" or "City Works Yard" shall mean Lots  1-7 inclusive Block 364, D.L. 526, Plan 4905, Group 1,
                      N.W.D.  generally known as  2176 West 10th Avenue  and being those  lands presently owned by  the City of
                      Vancouver; and

              III)    "Subject Lands" means the Bastion-Intracorp lands and the City lands.

              A.      THAT, prior to enactment  of the CD-1 By-law, the registered owners  of the Subject Lands shall  conclude
                      arrangements, including  any  agreements, satisfactory  to the  City  Manager  in consultation  with  the
                      Director  of Legal Services,  to effect  a land exchange within  the Subject  Lands between the  City and
                      363027 B.C. Limited, the registered owner, whereby the City will end up
     Clause No. 1 (cont'd)

                      owning the  lands comprising the parks and proposed new street, as shown  generally in the plan on page 2
                      of Appendix D attached hereto, and 363027 B.C. Limited will end up owning the rest of the Subject Lands;

              B.      THAT the proposed schematic  development be approved by  Council in principle,  generally as prepared  by
                      Nigel Baldwin Architects and stamped  "Received City Planning Department - May 29, 1996"  specifically in
                      relation to  the siting  of buildings, to be  further articulated  with guidelines  which will guide  and
                      adjudicate the scheme through the development permit process [see condition D].

              C.      THAT  the existing design guidelines for the Arbutus Industrial Area  CD-1 sites be adopted by resolution
                      of Council to  include these sites  at the time of  enactment of the  CD-1 By-law.   The guidelines  will
                      include reference to the plan prepared by Nigel Baldwin Architects noted in B, above.

              D.      THAT, prior to  the final approval by  Council of the form  of development for each site of  the project,
                      the applicant shall  obtain approval of a  development application by  the Development Permit  Board.  In
                      considering development applications, the Board will have regard for the following considerations:

                      -        policies  and guidelines adopted  by City Council for  the Arbutus Lands  and the respective CD-1
                               sites;

                      -        general principles of Crime Prevention Through Environmental Design (CEPTED);

                      -        specific attention to the design, scale  and relationship to the pedestrian link  between the two
                               sites on West 10th Avenue  and West 11th Avenue and the relationship of the  two buildings to the
                               abutting park spaces; and

                      -        specific  attention  to the  design  of  both residential  and  commercial  frontages, pedestrian
                               character and retail continuity along Arbutus Street.

              E.      THAT, prior to enactment of  the CD-1 By-law, the registered owner  of the Bastion-Intracorp Lands shall,
                      at no cost to the City:
     Clause No. 1 (cont'd)

                      1.       obtain and submit to the City copies of all soils studies and the consequential Remediation  Plan
                               for the  Bastion-Intracorp Lands approved by  the Ministry of  Environment and acceptable  to the
                               City. 
                               Execute  agreements satisfactory  to the  Director of  Legal Services  and  the City  Manager, in
                               consultation  with  appropriate  Department   Heads  obligating  the  registered  owner   of  the
                               Bastion-Intracorp Lands to:

                               i)      remediate to the satisfaction of the Ministry of  Environment and, with respect to lands
                                       dedicated or transferred to the City, to the satisfaction of the City, any  contaminated
                                       soils and  groundwater in the Bastion-Intracorp  Lands in accordance  with a Remediation
                                       Plan approved by the Ministry of Environment and acceptable to the City; and

                               ii)     indemnify  the City,  the  Approving  Officer and  the  Park Board  and  their employees
                                       against  any liability  or costs which  may be incurred  as a result of  the presence of
                                       contaminated soils  or  groundwater in  the  Bastion-Intracorp  Lands,  including  costs
                                       arising as a result of any failure to carry  out the aforementioned approved Remediation
                                       Plan and  provide such  security for  the indemnity  as the Director  of Legal  Services
                                       deems necessary;

                      2.       submit to  the  City a  soil remediation  plan for  all  newly dedicated  streets, including  any
                               utility  rights-of-way,  located in  the  Bastion-Intracorp Lands,  required  to serve  the site,
                               including utility construction plans  compatible with the accepted remediation  plan, and execute
                               any agreements deemed necessary by the General Manager  of Engineering Services providing for the
                               construction and  installation of remedial works,  including monitoring systems for,  among other
                               things, water discharges and groundwater  flows, and any other remedial works or systems required
                               by the City,  all to  the satisfaction of  the General  Manager of Engineering  Services and  the
                               Director of Legal Services;

                      3.       execute an  agreement, satisfactory to  the Director  of Legal Services,  that there  will be  no
                               occupancy of any buildings or improvements constructed  pursuant to this rezoning on the  subject
                               site until the  contaminated soils on the  subject site have been remediated  to the satisfaction
                               of the Ministry of Environment  (and all relevant Federal authorities to the extent that the same
                               evaluate the remediation), and to
     Clause No. 1 (cont'd)

                               the satisfaction of  the City  with respect to  lands dedicated  or transferred to  the City,  in
                               accordance  with a remediation  plan approved by  the Ministry of Environment,  and acceptable to
                               the City;

                      4.       execute  a Section  215 agreement,  satisfactory to  the  Director of  Legal Services,  that will
                               register requirements for 25% family housing  units pursuant to the Arbutus Neighbourhood  Policy
                               Plan, which are to  be calculated over all three  Sites: 1, 2 and  3, as identified in  the draft
                               CD-1 by-law attached hereto as Appendix A;

                      5.       execute an  agreement, satisfactory to the Director of  Legal Services and Manager of the Housing
                               Centre, providing  that occupancy or possession of dwelling units shall not be denied to families
                               with children, with the exception of units which may be designated as senior citizens' housing;

                      6.       execute a  services agreement, satisfactory  to the General  Manager of Engineering  Services and
                               the Director  of Legal  Services, to  ensure that  all on-site  and off-site  works and  services
                               necessary  or  incidental  to  the  servicing  of  the  subject  site  (collectively  called  the
                               "Services") are  designed,  constructed, and  installed, and  to  provide for  the grant  of  all
                               necessary street  dedications and rights-of-ways for the services, all to the satisfaction of the
                               General  Manager  of  Engineering Services  and  the  Director  of  Legal Services.    Dates  for
                               completion  of the services,  and the  length of  the applicable  warranty and  indemnity periods
                               shall be to the satisfaction  of the General Manager  of Engineering Services.  Without  limiting
                               the discretion of the said City Officials, this agreement shall include provisions that:

                               i)      the  servicing shall occur in accordance with  a plan, acceptable to the General Manager
                                       of Engineering Services which may permit the service  to be installed and constructed in
                                       phases, in the sole discretion of the General Manager of Engineering Services;

                               ii)     no  development permit shall be issued until the design  of the Services is completed to
                                       the satisfaction of the General Manager of Engineering Services;

                               iii)    the  design of  the Services  shall  be completed  to the  satisfaction  of the  General
                                       Manager of Engineering Services prior to:
     Clause No. 1 (cont'd)

                                       (a)      tendering for the construction of any of the Services; or

                                       (b)      any construction of  the Services, if the  property owner decides not  to tender
                                                the construction.

                               iv)     no occupancy of  any buildings or  improvements shall  be permitted  until all  relevant
                                       Services  are  completed  to the  satisfaction  of the  General  Manager  of Engineering
                                       Services;

                               v)      a  warranty in respect of the Services shall be granted  for a period of time designated
                                       by the  General Manager of  Engineering Services, and  an indemnity shall  also be given
                                       protecting  the appropriate  persons for  a period  of time  designated  by the  General
                                       Manager of Engineering Services; and

                               vi)     all services shall be undergrounded to the nearest service point;
                      7.       register  all rights-of-way  for  vehicle, bicycle  and pedestrian  access  and installation  and
                               maintenance of utilities, to the satisfaction of the General Manager of  Engineering Services and
                               the Approving Officer;

                      8.       prepare  and obtain  approval  and  registration  of  a  subdivision  plan  compatible  with  the
                               development  scheme  or, should  registration  not be  possible  prior to  the  zoning enactment,
                               conclude  arrangements to the  satisfaction of the Approving  Officer in his  sole discretion for
                               subdivision to take place in a timely manner following zoning enactment; and

                      9.       pay  to the City $669,272.00 as a community amenity contribution  (@ $4 per MBSF) or, as the City
                               Manager may approve,  enter into  an agreement with  the City  to pay such  amount plus  interest
                               thereon from the date of  the rezoning public hearing adopting this condition until  paid, at the
                               per annum rate of prime plus  2% with principal and interest due and secured as  the City Manager
                               shall approve.

              Where the  Director of Legal  Services deems appropriate,  the preceding agreements are  to be drawn,  not only as
              personal covenants of the property owner, but also as Covenants pursuant to Section 215 of the Land Title Act.

     Clause No. 1 (cont'd)

              The preceding agreements are to be registered in the appropriate Land Title Office,  with priority over such other
              liens, charges and  encumbrances affecting the subject  site as is considered  advisable by the Director  of Legal
              Services, and otherwise to  the satisfaction of the Director of  Legal Services prior to enactment  of the by-law;
              provided however the  Director Legal Services may,  in her sole discretion  and on terms she  considers advisable,
              accept tendering  of the  preceding agreements  for  registration in  the appropriate  Land Title  Office, to  the
              satisfaction of the Director of Legal Services, prior to enactment of the by-law.

              The  required agreements  shall  provide security  to the  City,  including: indemnities,  warranties, options  to
              purchase,  no  development  covenants,  equitable charges,  letter  of  credit,  and  withholding  of permits,  as
              considered advisable by, and in a form satisfactory to, the Director of Legal Services.

              The timing  of all required payments  shall be determined by  the appropriate City  Official having responsibility
              for each particular agreement, who may consult other City Officials and City Council.

              If dates  are established for  enactment which  in the opinion  of the  Director of Legal  Services would  require
              increased  resources within  the Law  Department,  or which  require,  in the  opinion of  the  Director of  Legal
              Services,  the   retaining  of   outside  counsel,   reimbursement  for  these   costs  will   be  required   from
              Bastion-Intracorp.


     1(b)     Rezoning: 2176 West 10th Avenue and
              2197 West 11th Avenue (Parks)      

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

              Summary: The  proposed rezoning from M-1 Industrial  District to RS-1 One-Family  Development District is intended
              to permit the development of public park.

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

     Clause No. 1 (cont'd)

     Staff Opening Comments

              Rob  Whitlock, Planner, commenced with a  correction to the agenda, noting both  sites 1(a) and 1(b) are currently
     zoned M-1  Industrial District and not  M-2 as set out  in the agenda.   This Minute of Public  Hearing has been corrected
     accordingly.

              Mr. Whitlock reviewed  the particulars of the  applications, noting this is  almost the last rezoning  of lands in
     the  Arbutus Industrial  Lands;  only  one M-1  site  remains.   If  rezoned,  the CD-1  zoning  would  permit residential
     development  on three parcels, with commercial use  at grade along Arbutus Street.   The residual would be rezoned to RS-1
     for  park and greenway  purposes.   Mr. Whitlock  noted a  significant land  exchange between  the developer  and the City
     involving the former City works yard.

     Applicant Opening Comments

              Chuck Brook advised this application has taken over four years to reach this point, and involves  significant land
     exchanges between the applicant  and the City to improve greenways and park space in the area.  The applicant supports the
     recommendations of the Director  of Land Use and  Development, except that the applicant's  community amenity contribution
     should be corrected to $667,208.

                                                            *  *  *  *  *

              Councillor  Clarke advised she  may be perceived  to be in  conflict of interest  due to a  family connection, and
     therefore left the Chamber for the remainder of this item.

                                                            *  *  *  *  *

     Summary of Correspondence

              There was no correspondence received regarding this application.

     Speakers

              Mayor Owen  called  for speakers  for and  against the  application, and  the following  spoke in  support of  the
     application:

              -       Sean McEwen, Kits Arbutus Residents Association
              -       Bernie Monaghan, Kits Arbutus Residents Association.

              Following are some of the points made by the foregoing speakers:
     Clause No. 1 (cont'd)

                     the developers have made commitments to the community which promise a high quality development;

                     all elements  contributing to the development  of a formal high  street should be  realized in the public
                      realm;

                     more  specifics are  needed at  the development  permit stage  limiting width  of commercial  frontage to
                      encourage a large number of small stores creating interest on the street, 25  ft. frontage as a rule, and
                      50 ft. frontage as a maximum;

                     the  plaza should be  extended into the public  realm along Arbutus  Street, connecting  to the greenway,
                      with landscaping and  traffic calming design and good  pedestrian lighting incorporated along  Arbutus to
                      encourage pedestrian use.

     Applicant Closing Comments

              Mr. Brook  noted  the community  will  have further  opportunity  to judge  the  quality of  this project  at  the
     development permit stage.  Mr. Brook believed details would accord with the community's vision of its high street.

     Staff Closing Comments

              In response to  queries, Mr. Whitlock indicated design elements  such as those requested by  the delegations could
     be incorporated into  the design  guidelines, but  could not  be enforced  unless incorporated  into the  guidelines as  a
     requirement.

              Rick Scobie,  Director of Land  Use and Development, advised  he has concerns  about including mandatory  items in
     guidelines.  If Council wishes to make requirements, they should be incorporated into the by-law.

              Brent MacGregor, Deputy City  Engineer, advised normal street treatment includes sidewalks with  street trees, but
     pavers  and pedestrian  lighting are  a further  level of  improvement.   Staff are  working out  designs with  input from
     residents.

              Summing  up, Mr. Whitlock noted staff,  developer and the community have  reached a consensus on this application.
     The Director of  Planning recommends approval,  noting the  community amenity contribution  amount should be  corrected to
     $667,208 as previously indicated by the applicant's representative.     Clause No. 1 (cont'd)

     Council Discussion

              Council  felt that  the guidelines  should be  interpreted to  provide 25-foot  store frontages.   It  was noted a
     business may ultimately expand  to more than  one store front,  as has  been the case  in the West  End, and no  objection
     should be raised to this so long as the streetscape character of the building remains at 25 feet.

     MOVED by Cllr. Kennedy,
              THAT the foregoing  application to rezone 2197 West 11th Avenue, 2652-27 Arbutus  Street and 2176 West 10th Avenue
     be approved, subject to the conditions set out in this Minute of Public Hearing after  correction of the community amenity
     contribution set out in Section E.9 to $667,208.

                                                                         - CARRIED UNANIMOUSLY


     MOVED by Cllr. Kennedy,
              THAT  the foregoing  application  to  rezone 2176  West  10th Avenue  and  2197 West  11th  Avenue  to permit  the
     development of public park be approved.

                                                                         - CARRIED UNANIMOUSLY

                                                            *  *  *  *  *

                                    Councillor Clarke returned at this point in the proceedings.

                                                            *  *  *  *  *


     2.       CD-1 Text Amendment: 620 West 45th Avenue
              (former Police Station)                                                                        

              An application by Architectura was considered as follows:

              Summary: The  proposed text amendment  would permit development  of 95 dwelling  units in four  multiple dwellings
              ranging in height from four to six stories.

              The Director  of Land  Use and  Development  recommended approval  of the  application, subject  to the  following
     conditions proposed for adoption by resolution of Council:
     Clause No. 2 (cont'd)

              (1)     THAT the  proposed form of  development be  approved by  Council in principle, generally  as prepared  by
                      Architectura  (Waisman Dewar Grout Carter, Architects)  and stamped "Received City  of Vancouver Planning
                      Department - January 22, 1996".

              (2)     THAT, prior  to the  final approval by  Council of  the form of  development, the  applicant shall obtain
                      approval  of a  development  application  by  the Director  of  Planning.    In  considering  development
                      applications the Board will have regard for the following considerations:

                      (Engineering)

                      (a)      clarification of the proposed "Emergency Vehicle Access" is required;

                      (b)      maximum parking ramp grade is to be 10% in the first 6.0 m (20 ft.) and 12.5% thereafter;

                      (c)      a  2.7 m (9  ft.) by 2.7  m (9 ft.)  corner cut-off  is required at  the right angle  turn of the
                               parking ramp;

                      (d)      three 1.5  m (5  ft.) by  2.4 m  (8 ft.) garbage  pads are  required for  garbage storage and  an
                               additional 1.5 m (5 ft.) by 2.4 m (8 ft.) is required for recycling.

                      (e)      provision of street trees to the satisfaction of the General  Manager of Engineering Services and
                               the Vancouver Park Board (the Street Trees Division and City Arborist).

                      (Crime Prevention Through Environmental Design [CPTED])

                      (f)      design development to reduce opportunities for theft in the underground parking area;

                      (g)      design development to reduce opportunities for break and enter;

                      (h)      design  development  to  reduce  fear  for  residents  and  for  vulnerable  populations  in  the
                               neighbourhood, such as seniors;

     Clause No. 2 (cont'd)

                      (Fire)

                      (i)      design  development to  meet  principle entrance  requirements of  the  Fire Department  that may
                               include connecting buildings together;

                      (Tree and Landscape Preservation and Relocation)

                      (j)      prepare  a  "Tree/Landscape Retention/Relocation  Plan" in  consultation  with the  City's Senior
                               Landscape Architect;

                               Note to Applicant:   A survey plan is necessary  to confirm the exact location  of existing trees
                               relative to the proposed development.

                      (k)      retain and  protect all  trees and  landscaping identified  to be  retained or  relocated on  the
                               "Tree/Landscaping Retention/Relocation Plan";

                      (l)      site buildings  in such a  way as  to ensure that  excavation and disturbance  will not  occur in
                               accordance with guidelines entitled "Tree Retention on Sites";

                      (m)      submit an  arborist's report to assess retention and building location as part of the development
                               application;

                      (n)      all existing trees  to be  retained must  be protected and  cared for  as per Schedule  D of  the
                               Private Property Tree By-law No. 7347; and

                      (o)      tree  protection barriers will need to be shown for all retained existing trees as per Schedule D
                               of the Private Property Tree By-law No. 7347 and the Landscape Plan.

              Prior to by-law enactment, the owner shall undertake the following at no cost to the City:

              1.      make arrangements to the satisfaction of the General Manager of Engineering Services for:

                      (i)      a concrete  sidewalk to be provided on the west side of  Ash Street from West 45th Avenue, south,
                               to the south property line of the site, at the applicant's cost; and
     Clause No. 2 (cont'd)

                      (ii)     undergrounding of all services for this site to be from the closest suitable pole.

              2.      execute an agreement, satisfactory to the  Director of Legal Services and Manager of the Housing  Centre,
                      providing that occupancy or possession of dwelling units shall not be denied to families with children;

              3.      a)       provide a covenant to the  satisfaction of the Director of Legal Services to  commit the owner to
                               retaining and  protecting all trees identified on the  Tree/ Landscaping Retention Plan including
                               a commitment that an ISA  certified arborist must be  retained to periodically ensure the  health
                               and safety of  trees on site, report any damage  or neglect to the trees to  the Senior Landscape
                               Architect (Planning  Department)  immediately,  undertake any  maintenance  or remedial  care  as
                               required and to ensure the on-going health and safety  of the retained trees during all phases of
                               construction and for a minimum of  3 years upon completion of construction.   The recommendations
                               of  the  arborist must  be  undertaken with  respect  to tree  care  and maintenance  as  well as
                               construction practices; and

                      b)       provide a covenant to the  satisfaction of the Director of Legal Services to  commit the owner to
                               cause any  strata corporation  formed as  a result of  strata titling  of the  site to provide  a
                               covenant in favour  of the City of  Vancouver committing the Strata Corporation  to retaining all
                               trees identified in the Tree Retention Plan.

              4.      contribute $38,000.00 towards traffic calming measures on West 45th Avenue and Ash Street; and

              5.      pay to  the City $886,596.00  as a community  amenity contribution or,  as the City  Manager may approve,
                      enter into an  agreement with the  City to pay such  amount plus interest  thereon from the  date of  the
                      rezoning public hearing adopting this condition until paid,  at the per annum rate of prime  plus 2% with
                      principal and interest due and secured as the City Manager shall approve.

     Staff Opening Comments

              Rob Whitlock, Planner, reviewed  the history of the site,  formerly the Oakridge Police Sub-station.  Specifics of
     the  proposed text amendment were reviewed noting proposed  changes to the previous rezoning. An important feature will be
     the requirement to demonstrate where existing mature landscaping will remain or be moved.  The complex is
     Clause No. 2 (cont'd)

     well-designed, with generous  setbacks and good amenities on  site. $1.4 million in  development cost levies and community
     amenity  contributions will  be put toward  park acquisition and  upgrading of Tisdall Park,  housing development, general
     street improvements,  and traffic  calming measures  on West 45th  and Ash  Streets.   The application  complies with  the
     Oakridge Langara Policy Statement in all respects, and the Director of Planning recommends approval. 

              Mr.  Whitlock also responded to issues raised in correspondence submitted to Council for this Public Hearing. With
     respect to  community facilities,  neither Planning nor  Parks feel  that a small  stand-alone facility  would benefit the
     community as much  as improvements to,  for example, the existing  community centre.   Re a crime  prevention office,  the
     Police do  not think one warranted  by crime levels in  the area.  Re concerns  about potential impact on  schools, only a
     small part of the pressures on schools relates to rezonings of  this nature.  Concerns about sewers and flooding problems,
     parking, and parks are being addressed by the City.

              In response to queries, Mr. Whitlock explained statistics related  to schools.  New single family dwellings result
     in twice as many children as existing single family  stock, whereas multiple dwelling housing of the type proposed results
     in about  20% as many  children as  new single family  development.   This development  is expected to generate  20 to  40
     students, which should not impact heavily on the area schools.  Staff will continue to monitor the school situation.

              Jacquie  Forbes-Roberts,  Director of  Community  Planning,  responded  to  a  query  regarding  the  prospect  of
     daylighting an historic creek bed.  In  its broadest parameters, the project would open the concourse from Oakridge to the
     Fraser River.   While detailed  cost estimates  have not been  carried out,  $300,000 has been estimated  for the  portion
     through Tisdall Park.

     Applicant Opening Comments

              Alan Hartley,  Architectura, described the  proposed development with  reference to adjacent sites,  FSR, building
     height and orientation, and  existing and proposed new landscaping.  The  development is expected to triple  the number of
     mature  trees on the  site, and will establish  a greenway connection  between Oakridge Shopping Centre  and Tisdall Park.
     The  application has received the  unanimous support of the  Urban Design Panel.  At  an open house in  June of last year,
     there were  a number  of expressions  of interest  in purchasing  the units  from empty-nesters  already  residing in  the
     neighbourhood, and there have been other expressions of support from the community.  
     Clause No. 2 (cont'd)

              Mr. Hartley responded  to queries regarding  security and impact  on schools. While  the development  incorporates
     principles of "security by  design", it has intentionally  been designed in a manner  which would not isolate it from  the
     surrounding  community.  To  the contrary,  many of the townhouses,  gardens and  patios face outwards.   With  respect to
     school children, based  on the  experience of  the nearby  Fairchild multiple-dwelling complex, there  would be  12 to  14
     elementary and  10 to 12 high  school-aged children in  the development, quite a  modest number.  Much of  the interest in
     purchase shown so far has come from persons 50-plus in age.  Average unit size will be 1,500 square feet.

              Mr. Hartley  supported the  recommendations of  the Director  of   Land Use  and Development,  but requested  that
     standard wording permitting the exclusion of  balconies and enclosures from the computation of floor space be incorporated
     into the by-law.

     Summary of Correspondence

              A review of correspondence received indicated five letters opposed to the application.

     Speakers

              Mayor  Owen called for  speakers for and against  the application, and the  following spoke in  opposition to  the
     application:

                              Shirley Abrams
                              Eileen Ng
                              Brian Buchanan
                              Stuart Galbraith
                              Barbara De Angelas.

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

                     the City's accountability to residents was questioned;

                     spot  zoning is  taking  place without  the neighbourhood  having  an opportunity  to develop  an overall
                      neighbourhood plan; 

                     information requested under the Freedom of Information Act has not yet been provided;

                     densification is a  government fund-raising strategy which will result  in unsustainable urban growth and
                      destroy quality of life in the affected neighbourhoods;
     Clause No. 2 (cont'd)

                     speakers  disagreed with  staff statistics  projecting substantial  population growth  requiring multiple
                      dwelling development,  noting there is already  a glut of condominiums  on the market,  and that there is
                      already land zoned for condominiums in the neighbourhood if more should be needed;

                     speakers also disagreed with staff projections of minimal impact on school-aged population; 

                     parents unable to afford  single-family homes in the  catchment area of Churchill School,  well known for
                      its  excellent  programs, will  take advantage  of  the opportunity  to  purchase more  moderately priced
                      townhouses, resulting in greater-than-calculated impacts on that school, which is already overcrowded;

                     the School Board has frozen capital expenditures because of Provincial Government funding cutbacks;

                     data used by  staff for their  calculations are old, and  Council should await  more recent and  accurate
                      information  from the  latest federal  census,  available in  March,  before making  a  decision on  this
                      application;

                     the neighbourhood  was not aware  that the City was contemplating  sale of this site  during the Oakridge
                      Langara review, indicative of very poor communication if not actual bad faith on the City's part;

                     there is substantial opposition to the densification of the area, since an  earlier petition opposing the
                      Oakridge Langara Policy Statement gathered over one thousand signatures;

                     there are too many unanswered questions to rush through approval of this application;

                     concerns expressed by the Fire Department and School Board have not been adequately addressed;

                     the  proposed development will  be an  ugly blot on the  landscape blocking  views of the  mountains, and
                      should be required to conform to existing sight lines;
     Clause No.  2 (cont'd)

                     changes in  the neighbourhood  since 1967, including  the development of  Oakridge Centre  and the Jewish
                      Community Centre, have led to serious traffic congestion and delay, and traffic  problems should be dealt
                      with before permitting additional development in the area;

                     Oakridge has had  more than its  fair share of development,  and other less  developed areas should  take
                      their fair share;

                     Council was urged to reject, postpone or reduce the scale of this development.


              One speaker spoke in support  of the application, noting there has  been a lengthy public consultation  process in
     this area:

                     Lucille Johnson, St. John's Ambulance.

     Applicant Closing Comments

              Mr. Hartley  expressed concern over  the disparagement of an  extensive public process,  in which the  majority of
     open house  attendees have  been supportive. There  has been  little negative  feedback.   While design appreciation is  a
     matter of individual taste,  Architectura has won design awards.  School population  projections he cited are based on the
     figures provided by the superintendent of an existing similar development in the area.  

     Staff Closing Comments

              Mr. Whitlock noted instances of public  support for the Policy Statement  and for this development.  With  respect
     to the sale of the  City-owned site, there was no condition relating  to rezoning of the site  in the conditions of  sale.
     While  overall census results will be released in March,  break-downs by area will not be available before next year.  Mr.
     Whitlock indicated staff expect  on the order of three hundred students to be added to the school population over the next
     twenty-five  years,  reiterating  that    increases  resulting  from  new  single  family  development  will  account  for
     substantially more than multiple family  development of this type.  While staff do not expect developments of this sort to
     stress the area schools, the situation will be monitored.  

              Mr. Whitlock  also advised the  Planning Department  has no objection  to the applicant's  request to  include the
     standard wording on balconies and enclosures in the by-law.

     Clause No. 2 (cont'd)

     Council Discussion

              Council expressed  concerns about  the impact  of regional  growth on  the environment,  including destruction  of
     farmland,  habitat and  forest.  In  order to deal  with this,  it will be  necessary to live more  effectively on already
     developed land.  Concern was  also expressed  for aging area residents  who wish  to remain  in their neighbourhoods,  but
     require affordable smaller accommodation.  A development such as proposed here will be admirably suited for such persons.

              Council expressed sympathy for residents concerned about the  pace of change in their community, especially  those
     living close  to the development.   However, they  believed there is  substantial community support  for such development.
     Sympathy was also expressed for parents concerned about impacts  on their children's schools, but the numbers  expected to
     result from this development should not impact heavily on the schools.

     MOVED by Cllr. Bellamy,
              THAT the application be approved, subject to the conditions set out in this Minute of Public Hearing;

              AND THAT the following be added as Section 4.4 of the by-law:

              The Director of Planning may permit the following to be excluded in the computation of floor space ratio:

              (a)     enclosed  residential balconies,  provided that the  Director of Planning first  considers all applicable
                      policies and guidelines adopted by Council  and approves  the design of any balcony enclosure, subject to
                      the following:

                      (i)      the total area  of all  open and enclosed  balcony or  sundeck exclusions does  not exceed  eight
                               percent of the residential floor area being provided; and

                      (ii)     no more than fifty percent of the excluded balcony floor area may be enclosed.

                                                                         - CARRIED UNANIMOUSLY


     3.       Rezoning: 5299 Arbutus Street

              An application by Hugh Shirley, Architect, was considered as follows:

              Summary:  The proposed rezoning from RS-1 One-Family Dwelling  District to CD-1 Comprehensive Development District
              would permit a  broader range of uses within the existing  legally non-conforming building, including cultural and
              recreational, institutional, office, retail and service uses.

              The Director  of Land  Use and  Development  recommended approval  of the  application, subject  to the  following
     conditions proposed for adoption by resolution of Council:              1.      THAT the existing form  of development be approved by Council, as  illustrated in plans prepared by  Hugh
                      Shirley,  Architect, and  stamped  "Planning  Department, Received,  October  2, 1980",  and  approved on
                      October 9,  1980   as  a  Minor   Amendment  to   Development  Permit   DP86031  which   was  issued   on
                      February 25, 1980.

              2.      THAT,  prior to approval by Council of the  form of development, the applicant shall obtain approval of a
                      development application for  the use of  the presently  vacant premises by  the Director of  Planning who
                      shall have regard to the following:

                      i)       principles of  crime prevention  through environmental  design (CPTED),  including the  following
                               suggestions for improving the environmental design and operation of the existing retail store:

                               (a)     relocate garbage away from neighbours and increase pick up frequency,
                               (b)     treat blank walls for graffiti,
                               (c)     extend fence on  the west property line to the front property line, (Note: Consideration
                                       should also  be given to  extending this fence  to the rear property  line and enclosing
                                       the  rear loading and  garbage container area so  that it is  secured at  all times when
                                       deliveries to  loading bays or  trash pick up  are not in progress --  to discourage the
                                       use of this somewhat hidden lane area by youths for undesirable activities.)
                               (d)     maintain a high standard of maintenance and graffiti removal on the entire property,
                               (e)     provide formal surveillance and signage to minimize loitering, and
     Clause No. 3 (cont'd)

                               (f)     limit  commercial uses to those which serve residents in the local neighbourhood without
                                       seeking to specifically attract school-age youth;

                      ii)      confirmation that existing  development complies with  the Untidy Premises  By-law, Standards  of
                               Maintenance By-law, Graffiti  By-law and Parking  By-law, and a  plan for maintaining  compliance
                               with these City requirements, incorporating daily litter patrol within a one-block  radius of the
                               site; and

                      iii)     confirmation that existing landscaping and development complies  with the approved landscape plan
                               (approved with DP86031  and amended October 9,  1980) or a new  landscape plan to be  approved by
                               the Director of Planning, including provision of a reasonable amount  of green planting and other
                               surface treatments, recognizing  the heavy foottraffic that  affects the health of  plants (areas
                               of compacted  dirt,  dead plants  and  similar conditions  should  be eliminated),  and  improved
                               maintenance and pruning of overgrown landscaping to reduce opportunities for loitering  in bushes
                               adjacent to the neighbouring property.

              3.      THAT, prior  to enactment of  the CD-1 By-law, and  at no cost  to the City, Tonecraft  Corporation shall
                      make  arrangements, to  the satisfaction  of the  Director of  Legal Services,  in consultation  with the
                      Director of Land Use and Development, for the following:

                      i)       telephone  booth(s) to  be  relocated  away from  the  7-Eleven  store and  abutting  residential
                               development and nearer to Arbutus Street and street lighting; and

                      ii)      new  telephone or electrical services to  be undergrounded within and adjacent  the site from the
                               closest existing suitable service point.

              4.      THAT Council, at  the time of CD-1  By-law enactment, adopt the guidelines entitled  "5299 Arbutus Street
                      CD-1 Guidelines" presented at the Public Hearing.

     Clause No. 3 (cont'd)

     Staff Opening Comments

              Phil Mondor,  Planner, reviewed  the history of  the site.   The  application has been  submitted on  behalf of  a
     long-term lessee, Tonecraft, which is the landlord of the existing  7-11 store.  The remainder of the existing building on
     the site,  currently vacant,  cannot be  put to  any commercial  use because  the site is  zoned RS-1.   If approved,  the
     proposed  CD-1 rezoning would permit Tonecraft to rent out  the vacant portion of the existing building.  The list of uses
     before Council was drawn up in consultation  with the neighbourhood, whittled down  from an original list of 45  requested
     by the  applicant to  the 15  now recommended.   The  uses recommended  coincide fairly  closely with  the  wishes of  the
     neighbours.   Conditions requested by  the neighbours are also dealt with  in the report before  Council.  Any development
     application  for  the site  would  have  to address  conditions  of  approval  related to  Police  concerns,  standards of
     maintenance and other by-laws.

     Applicant Opening Comments

              Hugh  Shirley, Architect, advised  his client has a  long-term commitment to the  site, but is  unable to rent the
     vacant half of  this two-unit building  without the requested rezoning.   A number of issues  were raised during  the open
     house, many  relating to  the 7-11  operation. To  address concerns, there  is a  commitment to  re-work the  landscaping,
     ongoing  clean-up and graffiti removal, and that at the  expiration of 7-11's lease the unit will not be leased to another
     convenience store.   Half of the  building has been  standing empty since  1994, and it  is expected an  additional tenant
     under the proposed conditions will have a greater interest in the neighbourhood.  

              Rolf Meyer, Tonecraft, confirmed  the unit next to  7-11 has been  empty since October 1994,  but is still  paying
     commercial taxes.  An  empty unit next to 7-11 does no one any good, whereas a tenant would provide increased surveillance
     of the site.   The lease with 7-11 permits Tonecraft to exercise only general controls; however, he has been assured there
     is litter  control and the back  is being kept  clean. Graffiti has been  painted out. Mr. Meyer doubted  the operation is
     worse  than that  of such  stores generally,  but will  continue to  monitor the  situation to  the extent  possible. Hard
     landscaping will be installed to address concerns.

     Summary of Correspondence

              A review of correspondence received indicated one letter opposed to the application.

     Clause No. 3 (cont'd)
      
     Speakers

              Mayor Owen called for speakers for and against the application, and the following spoke in opposition:

              -       Mike Collins
              -       Elaine Docksteader
              -       Afton Cayford
              -       Gillian Collins
              -       David Kwan
              -       Rhonna Simonson.

              The foregoing objected to the application on one or more of the following grounds:

                     the neighbourhood 7-11 is a nuisance,  causing young people from nearby schools to congregate in the area
                      with consequent  loitering, vandalism, littering,  trespassing, damage to property,  graffiti, fights and
                      other disturbances, and encouragement to drug use and dealing;

                     trucks unloading at 7-11 do not use the  unloading bays because the door is kept locked  contrary to City
                      by-laws,  and therefore  block the  streets in an  area which  already has  limited access  and otherwise
                      disturb the neighbourhood;

                     some speakers were  concerned that any commercial use adjacent  to a residential area  would have serious
                      negative effects;

                     some  speakers  felt the  proposed  list of  uses does  not  go far  enough  in  addressing neighbourhood
                      concerns;  specifically, Council  was  asked to  delete  the uses  social service  centre  and laundromat
                      because they  may keep undesirable hours  or encourage loitering,  retail stores because  this covers too
                      wide a range of uses, and furniture store because this may be a junk store with undesirable impacts;

                     conditions  of use  should appear  as by-law  requirements  to ensure  they are  enforceable  rather than
                      guidelines, in particular hours of use and non-renewal of permits for uses which prove problematic;

                     gravel landscaping should not be used, and Tonecraft should be responsible for maintenance;

                     video games should be removed from the 7-11;
     Clause No. 3 (cont'd)

                     it  is  unreasonable  to  expect  that  another  tenant  would  monitor  the   situation,  which  is  the
                      responsibility of Tonecraft;

                     Tonecraft has done an  inadequate job of controlling  the 7-11 and there  is no reason to expect  another
                      commercial tenant would be adequately controlled;

                     Police would like to see the 7-11 removed, and their concerns have not been addressed;

                     refuse this application or make it contingent upon removal of the 7-11.


              The following speaker supported the application on the grounds that  the recommended uses and controls would be an
     improvement, but objected to the gross signage on the site:

              -       Charles Flavelle.

     Applicant Closing Comments

              In  response to a query, Mr. Shirley advised Tonecraft would have no objection to not having 24-hour operations by
     new tenants,  although this  may not be a  problem depending  on the type  of tenant.   The list  of uses is  fairly short
     already compared to what was  requested, and there is protection for the neighbourhood against disruptive uses.  Tonecraft
     is not seeking further development, only to use the existing building.

              Mr. Meyer  responded to questions about the 7-11 lease.  It has  four years to run, with another ten years renewal
     at  7-11's option.   There is no  demolition clause.  Mr.  Meyer reiterated that  Tonecraft simply wishes to  put a vacant
     commercial space to use.

     Staff Closing Comments

              Mr. Mondor  acknowledged neighbourhood  concerns regarding the  existing 7-11,  but clarified problems  associated
     with  its operation  cannot be dealt  with through  the rezoning  process.   7-11 is there under  valid permits  issued in
     accordance with regulations at  that time, and  cannot be summarily  removed. The video games,  similarly, are a legal  if
     non-conforming  use.   Businesses which  create a neighbourhood  nuisance are  more appropriately  dealt with  through the
     Courts, or under the  Show Cause  process.  Staff  in other  departments have  been consulted, and  are monitoring  7-11's
     operation.

     Clause No. 3 (cont'd)

              Re uses referenced  by speakers, social service centres should  not prove problematic; junk stores  are a separate
     use not included in the recommended list; Planning would agree if Council wished to remove laundromats  form the list; and
     while many  retail stores  would be acceptable  , Council  could specify retail  stores not  including convenience stores.
     Some conditions  are not included in  the CD-1 By-law  on the advice of  the Law Department that their  inclusion would be
     redundant since they  occur in the Zoning  and Development By-law.   Other aspects of  language were also  clarified.  The
     matter of delivery trucks will  be dealt with, and may involve use of shrubbery;  there is no practical reason not  to use
     the fully functional loading bay.

              Rick Scobie, Director of  Land Use and Development, responded  to a query concerning development  permit approval.
     Mr. Scobie indicated  he would be reluctant to  use the zoning process to enforce other City  by-laws, but would certainly
     take into account the types of problems which might arise  from a use after consideration of the premises at present.  Mr.
     Scobie also indicated  he would review documentation  concerning the signage, and  if it proves to  be non-compliant, will
     ask the Director of Permits and Licenses to pursue enforcement.

     Council Discussion

              Council  felt that the situation would  not be improved by  leaving the vacant store empty.   A tenant will create
     its own activity on the site and may well improve the situation.

     MOVED by Cllr. Bellamy,
              THAT the  application be  approved, subject to  the conditions  set out in  this Minute  of Public Hearing,  after
     amendment to the draft by-law as follows:

                              amend  Section 2  (e) to  read "Retail uses  in floor  area existing  as of  [date of enactment],
                               limited to  Furniture  or Appliance  Store, Grocery  or Drug  Store,  and Retail  Store, and  not
                               including convenience store.";

                              delete the use "laundromat" from Section 2 (f);

              AND THAT as  a condition of by-law enactment, the Director of Planning seek  an undertaking from the landlord that
     hours of business of any tenant on the site will be limited to 6:00 a.m. to 12:00 p.m.;

     (underlining denotes amendment)

     Clause No. 3 (cont'd)

              AND THAT the landlord be encouraged to use whatever means are available to ensure proper management by the 7-11;

              AND FURTHER THAT  the Director of Planning be strongly encouraged to ensure that  any new uses are compatible with
     the neighbourhood.

                                                                         - CARRIED

                                                     (Councillor Price opposed)




     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. Sullivan,
              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 adjourned at 12:20 a.m, Wednesday, January 17, 1997.

                                                          *   *   *   *   *