CITY OF VANCOUVER SPECIAL COUNCIL MEETING MINUTES MARCH 12, 1997 A Special Meeting of the Council of the City of Vancouver was held on Wednesday, March 12, 1997, at 7:30 p.m., 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 and Heritage 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 George Puil Councillor Sam Sullivan ABSENT: Councillor Nancy A. Chiavario (Sick Leave) Councillor Gordon Price CLERK TO THE COUNCIL: Nancy Largent ACKNOWLEDGEMENT The Mayor acknowledged the presence in the Chamber of members of the Pacific Immigrant Resources Society. COMMITTEE OF THE WHOLE MOVED by Cllr. Bellamy, SECONDED by Cllr. Puil, 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 and Heritage By-law. - CARRIED UNANIMOUSLY 1. Rezoning: 1235 West Pender An application by Paul Merrick Architects was considered as follows: Summary: The proposed rezoning would permit the development of 112 dwelling units in a 25-storey residential tower on the northeast portion of the site and three 2-storey townhouse units along West Hastings Street. The Director of Central Area Planning recommended approval of the application, subject to the following conditions as proposed for adoption by resolution of Council: (a) THAT the proposed form of development be approved by Council in principle, generally as prepared by Paul Merrick Architects and stamped Received City Planning Department, July 31, 1996" provided that the Director of Planning may allow minor alterations to this form of development when approving the detailed scheme of development as outlined in (b) below. (b) THAT, prior to approval by Council of the form of development, the applicant shall obtain approval of a development application by the Director of Planning, who shall have particular regard to the following: (i) design development to the tower location to provide minimum setbacks as outlined in the CD-1 By-law; (ii) design development to reduce the maximum east-west dimension of the tower floorplate (including balconies) to 29.6 m (97 ft.) to reduce the extent of noon hour shadowing on the family housing site to the north, and to be consistent with tower width guidelines adopted for the Marathon Coal Harbour site to the north; (iii)design development to the lower level townhouses along Hastings Street to provide a minimum setback, as outlined in the CD-1 By-law, to accommodate landscaping and a transition zone from the public sidewalk; (iv) design development to the stairs accessing Hastings Street from the private open space, to address security concerns and to maximize the sense of greening and variety of landscape treatment when viewed from the street and above; Note to the Applicant: A gate should be provided at the setback line. (v) design development to the townhouses along Hastings Street to provide eyes on the street by the introduction of doors and bay windows facing the street; (vi) design development to the townhouses on Hastings Street to improve livability, defensibility and surveillance; Note to the applicant: This can be achieved by the provision of low, formal landscaping and fencing, without areas of concealment on the street; ground floor levels maintained slightly above grade; and separate, secured parking with direct access stairs to the townhouses. (vii)design development to the orientation and glazing of lower level tower units (levels 2-9) located adjacent to the east property line, to address privacy and overlook concerns into the neighbouring office building; (viii)design development to take into consideration the principles of Crime Prevention Through Environmental Design (CPTED) to reduce opportunities for theft and fear in the underground parking, residential break and enter, mischief such as graffiti, loitering and skateboarding; (ix) design development to the main entrance to the tower, to provide a greater sense of address and direct visibility/surveillance of the entry lobby from the street, and to address Fire Department concerns; (x) design development to the open lattice fence and trellis structure along the Pender Street frontage to align a portion of it with the property line to strengthen the continuity of streetscape consistent with the character of this block of Pender Street, while allowing views into the private open space from the Pender Street sidewalk; (xi) design development to the Hastings and Pender Streets landscape concept to better relate to the Triangle West Streetscape Plan and future improvements proposed for the Coal Harbour neighbourhood development; Note to the Applicant: Tree species should take into account those already planted adjacent to the site, in consultation with Engineering and Park Board staff. (c) THAT, prior to enactment of the CD-1 By-law, the registered owner shall, at no cost to the City: (i) execute an agreement, to the satisfaction of the Director of Legal Services, not to discriminate against families with children in the sale of residential units; (ii) consolidate the site; (iii)make suitable arrangements, to the satisfaction of the General Manager of Engineering Services, for any new electrical and telephone services to be undergrounded within and adjacent to the site from the closest, existing suitable service point; (iv) make suitable arrangements, to the satisfaction of the General Manager of Engineering Services for the provision of sidewalk and curbing along West Hastings Street for the length of the site; (v) make suitable arrangements, to the satisfaction of the General Manager of Engineering Services for the provision of garbage and recycling facilities, noting that since no lane exists to serve this site, pick-up must be secured from either West Pender Street or West Hastings Street; (vi) make suitable arrangements, to the satisfaction of the General Manager of Engineering Services for the provision of sidewalk treatment and boulevard trees to be provided; (vii)pay to the City $738,270 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 Ian Smith, Planner, reviewed the application, describing buildings and f.s.r., location, context and topography. The residential use and f.s.r. are consistent with the area plan, and there is precedent for such development in Triangle West. However, there are concerns with the form, relating to location and shadowing impacts on the non-market housing site to the north. To reduce shadowing, the recommended conditions include shifting the tower seven feet to the south and making it about seven feet narrower. There are also recommended conditions pertaining to townhouse setback for landscaping and reorientation of rooms on the northeast. The Director of Central Area Planning recommended approval subject to these and other conditions noted. Mr. Smith also responded to questions regarding width guidelines and the effect of the recommended changes; how community amenity contributions are calculated; and parking access. In response to a query, Rick Scobie, Director of Land Use and Development, advised Triangle West is expected to become totally residential in time. There have been other residential developments at 6.0 f.s.r. in Triangle West. Recommendations for the Triangle West area as a whole are forthcoming, and the as-yet-unconcluded Skyline Study may also have a bearing on the development of Triangle West. Council certainly has the prerogative to defer this application pending conclusion of the broader report on Triangle West , but there is precedent for a CD-1 rezoning. Applicant Opening Comments Paul Merrick, Paul Merrick Architects, advised the applicant has no objection to the conditions proposed by staff. However, Mr. Merrick noted the draft by-law does not exclude balcony enclosures from computation of floor space, and requested the normal provision be included. Mr. Smith advised staff have no objection to the inclusion of standard wording to this effect. Summary of Correspondence A review of the correspondence indicated the following: - one (1) letter expressing concern with the parking spaces proposed for the site; and - one (1) letter expressing several concerns with the application. Speakers Mayor Owen called for speakers for and against the application, and none came forward. Applicant Closing Comments The applicant made no closing comments. Staff Closing Comments Mr. Smith advised that the proposed 6.0 f.s.r. is consistent with the forthcoming recommendations for Triangle West Mr. Scobie clarified that if Council approves a skyline policy as a result of the Skyline Study, staff will still have to review any application on its individual merits, having regard to such issues as shadowing. Council Discussion The majority of Council felt there is a demonstrated need for high-density residential, while no one is building commercial space in Triangle West. A development of this nature may improve safety in the downtown peninsula. It was also noted other 6.0 f.s.r. buildings have been approved for the area. However, one member felt market conditions should not dictate design of the city. 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 provision be included in the by-law brought forward for adoption: 3.4 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 2. CD-1 Text Amendment: 3624 Fraser Street (Lord Nelson Legion) An application by the Royal Canadian Legion, Branch #68, was considered as follows: Summary: The proposed text amendment would delete requirements that every unit in the multiple dwelling be occupied by a household with one member at least 55 years of age and that a minimum of eight dwelling units be eligible for government funding. The Manager of the Housing Centre and the Director of Land Use and Development put forward the following resolution for Council's consideration: THAT, provided the registered owner contributes $50,000 to the City's Affordable Housing Fund, Council rescind Condition c (iii) of the CD-1 rezoning of this site, approved at Public Hearing on January 28, 1993, requiring that 8 units in this development be rental units, and enact amendments to By-law No. 7157 as shown in the draft by-law posted at Public Hearing on March 12, 1997. Staff Opening Comments Tom Phipps, Planner, noted that the requirements now proposed for deletion were strongly supported by staff at the time of the original rezoning. Indeed, the rezoning would not have been supported without theses rental and seniors housing requirements. While staff are reluctant to see them dropped now, it is recognized that there are serious financial constraints on the Legion. Mr. Phipps pointed out a $50,000 payment to the City's Affordable Housing Fund is recommended as a condition of the proposed text amendment. Applicant Opening Comments Ken Curry, Royal Canadian Legion, Branch #68, explained the circumstances which have resulted in financial difficulties for the project, including cancellation of the Provincial Government rental supplement program, higher costs and a softening condominium market. The Legion supports senior citizens and tries to respond to their needs. The long-term hope is to buy back as many units as possible for seniors' use. Dr. Curry indicated the project will result in a financial loss, and even the proposed $50,000 payment will be onerous. However, with the proposed amendments, it is hoped the project can be made to work. Cameron Gray, Manager of the Housing Centre, responded to questions concerning the proposed $50,000 contribution to the Affordable Housing Fund. If this were a private, for-profit development, staff would not recommend the conditions be changed. Therefore, it was felt a quid pro quo was required in order to change such significant conditions after the fact, even for a development of this nature. Hence, this contribution to social housing is recommended. Rick Scobie, Director of Land Use and Development, pointed out the site received more floor space than would have been permitted without the requirements now proposed to be deleted. To remove these requirements now without the contribution would allow greater density with no offset. Summary of Correspondence No correspondence was received on this application. Speakers Mayor Owen called for speakers for and against the application and one speaker appeared in support of the application. Kathryne Holm, area resident, advised she had originally opposed the application because of the critical importance of senior's housing. However, in researching this issue, she learned of the requirement to remove PCBs, loss of Provincial funding, and other enormous costs to the Legion, and also learned many fund-raising measures available to Legions in other provinces are not permitted in B.C., making volunteer fund-raising difficult. The Pacific Command is well-known for fiscal responsibility, and Ms. Holm both supported the application to delete the requirements, and urged Council to forgive the Legion the proposed $50,000 contribution which will only increase its financial difficulties. Applicant Closing Comments The applicant offered no further comments. Staff Closing Comments Mr. Phipps pointed out that although the Legion is a non-profit organization, this cannot be strictly construed as a non-profit development. Responding to queries, Mr. Gray advised he is satisfied the Legion is experiencing legitimate financial difficulties. The Legion now has a $200,000 mortgage, and the recommended contribution would raise its debt another $50,000. Nevertheless, staff are concerned about precedent if the Legion is simply forgiven the requirements without any compensation being required. Council Discussion Some Council members felt it would set an undesirable precedent not to require the recommended contribution to the Affordable Housing Fund, or at least $10,000. Even the recommended sum was considered quite nominal to forgive such significant conditions. However, most Council members felt these are clearly unusual circumstances which are not comparable to a private development, and were not disposed to add to the Legion's financial difficulties. Nothing will be gained if the Legion fails, while keeping it going is also a benefit. In response to staff's concerns about precedent, it was suggested a one dollar contribution might be required. Mr. Scobie clarified the precedent at issue is moral rather than legal. MOVED by Cllr. Bellamy, THAT Council rescind Condition c (iii) of the CD-1 rezoning of this site, approved at Public Hearing on January 28, 1993, requiring that 8 units in this development be rental units, and enact amendments to By-law No. 7157 as shown in the draft by-law posted at Public Hearing on March 12, 1997. - CARRIED (Councillors Puil, Sullivan and the Mayor opposed) 3. Heritage Designation: 1429 Maple Street An application by the Director of Land Use and Development to amend the Heritage By-law was considered as follows: Summary: The proposed amendment to the Heritage By-law would: - designate the heritage house listed in the 'C' evaluation category on the Vancouver Heritage Register (formerly located at 2024 West 7th Avenue and now located and open to public view at Nickel Bros. storage lot, 2860 Airport Road, Richmond, B.C.) at its proposed new 1429/31 Maple Street location as protected heritage property; - ensure the protection of the building from inappropriate alterations and demolition in the future; and - be in exchange for approval of a floor space increase from the RM-4 outright permitted floor space ratio (FSR) of 0.75 to a conditionally permitted FSR of 1.4, rear yard and other RM-4 zoning relaxations; and a width of parking access relaxation. The Director of Land Use and Development recommended approval of the application. Staff Opening Comments Gerry McGeough, Heritage Planner, reviewed the history of this application which arose from the designation of St. Augustine Church. Four houses on the parish site were slated for demolition as a result of that application, which gave rise to public interest in their preservation. Three were demolished, but the "blue house" deemed the most meritorious is the subject of the application before Council. A "C" listing on the Heritage Inventory, it has now been established to be of 1902 or earlier construction, and as such is one of the oldest, if not the oldest, houses in Kitsilano. The blue house could not be retained on the parish site, but was acquired by a private owner and removed to a holding site in Richmond. The owners wish to move it to 1429 Maple Street and have it designated as a condition of development, with details as set out in the agenda before Council. The site is zoned RM-4, and the applicant is not asking for anything which could not be approved under RM-4. Mr. McGeough acknowledged that staff would not normally support moving a heritage house, but in this case it was the only alternative to demolition. Some authenticity will be lost due to the move, and there is some question about how well it fits into the Kits Point neighbourhood. However, a number of similar houses in the area reinforce its character. An interpretive plaque will be one requirement if the application is approved. Ralph Segal, Planner, advised RM-4 encourages retention of individual houses with a variety of housing forms. The typical form is a four storey apartment building. Examples were pointed out of similar infill projects done with the aim of preserving heritage, as well as examples of non-heritage circumstances indicative of the aims of RM-4. Mr. Segal reviewed the particulars of the application and proposed relaxations, all acceptable to staff granting the legitimacy of the heritage benefit and approvable under RM-4. Mr. Segal also reviewed the type of development which might take place in a consolidated site (there are single-family-developed lots on both sides of the subject site) under normal RM-4 development, and compared its impacts on the neighbourhood to those which would occur under the proposed development. The proposed development may have more light and space than would occur with a consolidated development. Mr. Segal answered questions pertaining to rear yards, setbacks and shadowing. It was noted that this development proposes a two-foot lane setback for one building, whereas the normal requirement for the area is 25 feet. Mr. Segal also confirmed there are not many consolidations in Kits Point. In response to a question, Mary Beth Rondeau, Planner, confirmed the lot to the north was recently sold. The lot to the south is not for sale. Rick Scobie, Director of Land Use and Development, pointed out lane setbacks are not uniform but jog in and out across the subdivision. Such a pattern is not unique, occurring in other areas where infill development has been accommodated. Applicant Opening Comments Larry MacFarland, Larry MacFarland Architects, described the proposed development, which consists of one heritage house and two infill houses in a location similar to the original location of the heritage house. As much as possible of the original construction and structure will be maintained; particulars were reviewed. Density will be lower than the maximum for RM-4. Mr. MacFarland pointed out successive floors have been stepped back in response to concerns about overlooking, and design throughout is oriented toward Maple Street rather than the rear lane. There are also opportunities for looking through the development, which would not occur with an apartment building. In response to concerns about the lane setback, Mr. MacFarland noted the 25-foot setback normally required in RM-4 is for the main dwelling; garages are permitted a two-foot setback. Therefore, there is no guarantee there would not be a building blocking part of the view even without the infill. Earl Lawson, one of the property owners, assured Council he and his fellow owners intend to reside there with their families after the development is completed. Mr. Lawson reviewed his involvement with the building since he first became aware of efforts to preserve it. They were unable to save all four buildings, so focused their efforts on the oldest house as having the most heritage significance. The Planning Department indicated a relocation site in an RM-3 or RM-4 zone, and the owners were able to secure only one suitable lot. They would have preferred not to move the house until approval was given, but were forced to do so because of the St. Augustine construction schedule. The owners videotaped the house being moved, and were approached at the time by a number of persons who condemned the demolition of the other houses and expressed support for their efforts. Mr. Lawson asked Council to support their efforts to preserve history while making a home for their families. Summary of Correspondence A review of the correspondence indicated the following: - one (1) letter expressing concerns with community consultation; - 22 letters opposed to the application; - seven (7) letters in support of the application. Speakers Mayor Owen called for speakers for and against the application. There were five speakers opposed to the application and three speakers in favour. The following speakers opposed the application: - Jonathan Baker, Jonathan Baker & Associates (brief filed; letter from Seelig Consultants Ltd. to Vancouver Heritage Commission filed) - Larry Sutton, area resident - Margo Dunn, area resident (brief filed, including photographs and nine attached letters) - Irving M. Kirsch, owner of numerous properties in the 1400 Block Maple Street - Steve Zibin, Kitsilano Point Residents Association. The foregoing opposed the application on one or more of the following grounds: The proposed development would offer substantial relaxations which would not be considered except for a substantial public benefit. The public benefit is ostensibly heritage, but the "heritage value" of this house is highly dubious because: - the house was only a low "C" listing on the Vancouver Heritage Inventory, and does not merit the proposed relaxations; - heritage value is very much a matter of context, and was substantially lost when the house was moved; - the house has been cut in half, and what remains is a gutted shell; - the pioneer kitchen and the porch, important heritage features of the house, have been completely destroyed; - the proposed reconstruction will include various features which were not part of the house historically, including new windows and french doors; Vancouver City Council cannot feasibly designate a building which is not even located in Vancouver, but lying in pieces on a site in Richmond; If the owners of this building truly wish to preserve the City's heritage, they should buy an old house and renovate it on its original site, without adding infill buildings; The proposed development will have negative impacts on its neighbours, including loss of views, shadowing, loss of privacy, and an ugly wall to stare at right across the lane; The proposed development is not in keeping with the area streetscape; The house is proposed to be moved from one area, Kitsilano, to a quite different area, Kits Point, where it shares neither history nor commonality of design; The owners probably intend to sell the houses and profit from the increased property values; Approval of this development would set a bad precedent, resulting in developers buying up dilapidated "C" class buildings and moving them around the City to obtain so-called heritage relaxations; The Kitsilano Point Residents Association opposes the application, as do many neighbours, and the wishes of the neighbourhood should have considerable weight; Several of the foregoing speakers were asked whether they were concerned about the possibility of a consolidated development. They were less concerned about that possibility than by the application for several reasons: - if an application were approved under the usual RM-4 requirements, it would at least be following the rules, not asking for relaxations on dubious grounds, and the neighbourhood would just have to live with that; - consolidations are very rare in the Kits Point neighbourhood; - the owner of most of the properties in the 1400 block Maple Street assured Council he has no intention of selling any of his properties, makes a point of preserving them in their original condition, has just acquired the property to the north and plans to acquire the property to the south should it go on sale. Therefore, there will be no property available for consolidation. The following speakers supported the application: - Don Yen, area businessman - Robert Lemon, Architect - Robert Degrasse, co-owner of the subject property. The foregoing speakers supported the application on one or more of the following grounds: the project is a good example of urban housing; the building will be relocated only nine blocks from its original site, and although smaller and of an older "craftsman" style than its new neighbouring buildings, shares their character in several respects including roof form, porches, wood detailing and use of a variety of materials; the owners have had to struggle to save the house and persist thus far, indicating they have a sense of neighbourhood values stronger than just built form; the building has heritage merit regardless of its having been moved, and could not have been preserved on its original site; there was considerable public concern around preserving the four houses on the St. Augustine site, and the applicants have tried to do something positive in response to that concern, and to build a home for their families; the building is salvageable and repairable: - the primary building material, wood, can be readily patched; - the owners are paying to keep the building well secured on a holding lot in Richmond, it is not deteriorating on a junk heap; - heritage buildings which are the subject of development always require very extensive renovations to bring them up to code, so a considerable amount of material would have to be removed from the house in any case; - added windows, french doors, and other features have been permitted in other stratified heritage buildings; - at the time the building was moved, the contractor ascertained that the pioneer kitchen was a later addition, not part of the original building; the Kits Point community previously opposed the Evans House, which was turned down accordingly; the community subsequently vehemently opposed a duplex proposed for the site. Applicant Closing Comments Mr. Lawson pointed out the house was deemed to have heritage merit before this process ever began; otherwise it would not have been undertaken. It was reiterated that the owners intend to live in the houses, not to sell them. Staff Closing Comments Mr. McGeough clarified the role of the Vancouver Heritage Commission. Mr. Segal clarified that all conditions must be carried out for the application to be completed, and reiterated that the relaxations are all approvable under RM-4 at the discretion of the Director of Land Use and Development. Relaxations are earned by good design or other public benefits. Staff believe this to be a legitimate heritage exercise and are, therefore, recommending designation. Mr. Scobie clarified that the definition of a building cited in opposition to the application occurs in the Building By-law, and is not applicable to a zoning matter. Council Discussion Council members generally felt they were faced with a difficult decision in dealing with this application. The applicants' desire to preserve a heritage house was generally viewed as a worthy one, but there were a number of concerns. Although there was community interest in preserving the house at its original 7th and Arbutus site, that was a different section of he city and there appears to be considerable opposition from the Kits Point neighbourhood through delegations and correspondence. Letters of support are not from the area, and the Kitsilano Point Residents Association does not support the application. Also, the house appears to have been severely gutted, not to mention cut in half, making it difficult to think in terms of restoration. It would be more like a new house trying to look like an old house in a new location. There is also some question how well the house would fit into its new neighbourhood. Some members felt heritage may be supported in many forms, and were prepared to support the designation, but they were in the minority. MOVED by Cllr.. Puil, THAT the application to designate the heritage house formerly located at 2024 West 7th Avenue as protected heritage property be refused. - CARRIED (Councillors Herbert, Kennedy and Sullivan 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. Clarke, 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 11:10 p.m.