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. * * * * *