CITY OF VANCOUVER
REGULAR COUNCIL MEETING MINUTES
STANDING COMMITTEE ON
PLANNING AND ENVIRONMENT
MARCH 13, 1997
A Regular Meeting of the Council of the City of Vancouver was held
on Thursday, March 13, 1997, at approximately 6:20 p.m. in the Council
Chamber, Third Floor, City Hall, following the Standing Committee on
Planning and Environment meeting, to consider the recommendations of the
Committee.
PRESENT: Mayor Philip Owen
Councillor Don Bellamy
Councillor Nancy A. Chiavario
Councillor Jennifer Clarke
Councillor Alan Herbert
Councillor Lynne Kennedy
Councillor Daniel Lee
Councillor Don Lee
Councillor Gordon Price
Councillor George Puil
Councillor Sam Sullivan
CITY MANAGER'S
OFFICE: Ken Dobell, City Manager
CLERK TO THE
COUNCIL: Nancy Largent
COMMITTEE OF THE WHOLE
MOVED by Cllr. Bellamy,
SECONDED by Cllr. Clarke,
THAT this Council resolve itself into Committee of the Whole, Mayor
Owen in the Chair.
- CARRIED UNANIMOUSLY
COMMITTEE REPORTS
Report of the Standing Committee on Planning and Environment
March 13, 1997
Council considered the recommendations of the Committee as
contained in the following clauses of the attached report:
Cl. 1: Proposed Rezoning of 6691-6699 Victoria Drive
Cl. 2: Possible Withholding Action for 1604 East 13th Avenue -
RT-4 and RT-5 Zoning Study Area
Cl. 3: Strata Title Conversion - 267-271 East 23rd Avenue
Cl. 4: Modification to the Vancouver Indy Race Circuit
Proposed Rezoning of 6691-6699 Victoria Drive (Clause 1)
MOVED by Cllr. Clarke,
THAT the recommendations of the Committee, as contained in Clause 1
of the attached report, be approved.
- CARRIED
(Councillors Chiavario, Clarke and Puil opposed)
Clauses 2 and 3
MOVED by Cllr. Clarke:
THAT the recommendations of the Committee, as contained in Clauses
2 and 3 of the attached report, be approved.
- CARRIED UNANIMOUSLY
Modification to the Vancouver Indy Race Circuit
(Clause 4)
MOVED by Cllr. Clarke:
THAT the recommendations of the Committee, as contained in Clause 4
of the attached report, be approved.
- CARRIED
(Councillors Clarke, Daniel Lee, Puil,
Sullivan and the Mayor opposed to D)
RISE FROM COMMITTEE OF THE WHOLE
MOVED by Cllr. Clarke,
THAT the Committee of the Whole rise and report.
- CARRIED UNANIMOUSLY
ADOPT REPORT OF COMMITTEE OF THE WHOLE
MOVED by Cllr. Clarke,
SECONDED by Cllr. Bellamy,
THAT the report of the Committee of the Whole be adopted.
- CARRIED UNANIMOUSLY
OTHER BUSINESS
1. Leave of Absence, Councillor Chiavario
MOVED by Cllr. Daniel Lee,
SECONDED by Cllr. Clarke,
THAT Councillor Chiavario be given Leave of Absence for the evening
of March 25, 1997.
The Council adjourned at 6:22 p.m.
* * *
REPORT TO COUNCIL
STANDING COMMITTEE OF COUNCIL
ON PLANNING AND ENVIRONMENT
MARCH 13, 1997
A Regular Meeting of the Standing Committee on Planning and
Environment was held on Thursday, March 13, 1997 at 2:00 p.m. in
Committee Room No. 1, Third Floor, City Hall.
PRESENT: Councillor Jennifer Clarke, Chair
Mayor Philip Owen
Councillor Don Bellamy
Councillor Nancy A. Chiavario
Councillor Alan Herbert
Councillor Lynne Kennedy
Councillor Daniel Lee
Councillor Don Lee
Councillor Gordon Price
Councillor George Puil
Councillor Sam Sullivan
CITY MANAGER'S
OFFICE: Ken Dobell, City Manager
CLERK TO THE
COMMITTEE: Nancy Largent
RECOMMENDATION
1. Proposed Rezoning of 6691-6699 Victoria Drive
The Committee had before it a Policy Report dated February 12, 1997
(on file), in which the Director of Land Use and Development reported on
an application to rezone three lots at 6691-6699 Victoria Drive from
RT-2 to CD-1, to allow a mixed-use, three storey development containing
commercial uses at grade and dwelling units above. The General Manager
of Community Services and Director of Land Use and Development
recommended the application be refused, principally because there is no
shortage of commercial development potential in the adjoining commercial
district, and because proposed floor space ratio and residential unit
density are too high for this location. Staff also noted there has been
some ambiguity pertaining to the rezoning of residentially-zoned lands
outside the Central Area for commercial uses and development, and
recommended they report back on policy recommendations.
It was noted that the applicant requests Council refer the
application to a Public Hearing with the following revisions which he
proposes to make beforehand:
reduction in commercial floor area (amount unspecified);
reduction in FSR (amount unspecified);
revision of form of development according to Urban Design Panel
advice; and
provision of a dwelling unit with modifications to accommodate
persons with special needs (i.e. disabilities).
Should Council wish to consider a revised application, staff
suggested that Council refuse the present application and advise staff
that it is prepared to consider a new rezoning application as proposed
above.
Phil Mondor, Planner, briefly reviewed the report and rationale
concerning the recommendations.
Edward de Gray, applicant, indicated the application has been in
the system for about two years, and that all issues appear to be
resolvable except for the issue of commercial use. Mr. de Gray did not
feel this broad concern regarding commercial floor space should apply to
such a small scale project. The owner wants to own his own building
with commercial space to accommodate his own store, which is currently
located in leased space next door. There is no suitable larger space
currently for rent in the area. The proposal will provide a good
transition between the adjacent existing C-2 property and the RT-2
properties across the street. Also, neighbourhood support for the
project is strong, evidenced by a 475 signature petition collected by
the property owner.
Mr. Mondor acknowledged there may be no current vacancies.
However, vacancy rates change, and are not a basis for rezoning. There
is still potential for considerably more commercial space in the area.
Mr. Mondor added that there are numerous areas in the city where zoning
changes in the middle of the block. To extend the zoning because of a
split block could trigger additional applications.
Jon Ellis, representing the property owner, acknowledged there may
be a bit of commercial reserve in the area generally. However, Mr.
Ellis did not feel the addition of 4500 square feet would have any
significant measurable impact on this reserve. It will simply allow the
owner to open his shop sooner. At the neighbourhood level, there is
concern about how to resolve the split between residential and
commercial in the same block face, and this proposal provides a
transition.
Queried about submitting another application, Messrs. De Gray and
Ellis preferred to have the existing application referred. They are
prepared to redesign in accordance with staff concerns, and there are no
fundamental changes required.
Mr. Mondor explained that once Planning has completed its
assessment and report, the department prefers not to go back to start
without a new application. Asked about the application fee, Mr. Mondor
indicated the original fee was about $4,000; the fee for a new
application would now be about $16,000. The fee paid for the initial
application has long since been used up in terms of staff time.
Rick Scobie, Director of Land Use and Development, pointed out
there are additional distinctions proposed beyond the adaptable dwelling
unit. There is also a reduction in floor space at grade.
There was some concern that referral of the existing application
may set a precedent, and that it would add to commercial floor space.
However, the majority felt there need be no precedent set, if staff are
directed to report back on a policy.
The following motions by Councillor Bellamy were put and carried.
Therefore, the Committee
RECOMMENDED
A. THAT the application to rezone the site at 6691-6699 Victoria
Drive (Lots 24 to 26, Block 2, D.L. 735, Plan 3421) from RT-2
to CD-1, for a three-storey, mixed-use development providing
commercial floor space at grade and dwelling units above, be
referred to Public Hearing;
AND THAT the Director of Legal Services be directed to prepare
the necessary by-laws for consideration at the Public Hearing.
B. THAT the Director of Land Use and Development report back with
a recommended policy pertaining to the rezoning of
residentially-zoned lands outside the Central Area for
commercial uses and development.
- CARRIED
(Councillors Chiavario, Clarke and Puil opposed to A)
2. Possible Withholding Action for 1604 East 13th Avenue
- RT-4 and RT-5 Zoning Study Area
The Committee had before it an Administrative Report dated February
21, 1997 (on file), in which the Director of Community Planning reported
on a development application for 1604 East 13th Avenue. The application
does not conform to a number of guideline provisions of proposed
amendments to the RT-5/5N District Schedule (scheduled for Public
Hearing on March 25, 1997 together with the RT-4/4N District Schedule).
Therefore, in accordance with Council s instruction when it referred the
application to Public Hearing, the General Manager of Community Services
and Director of Community Planning recommended withholding issuance of
the Combined Development and Building Permit for 30 days from the date
of submission and for an additional 60-day period, expiring May 15,
1997.
Trish French, Planner, explained the circumstances and rationale
for withholding.
Sam Yum, representing the owner, requested Council not to withhold
the application. There is currently an older house on the property,
which is very expensive and hard to maintain, and for which there would
be little market. The owner has already obtained a loan, and has paid a
non-refundable deposit to the contractor. Therefore, withholding would
constitute a severe financial hardship.
The following motion by Councillor Puil was put and carried.
Therefore, the Committee
RECOMMENDED
THAT in accordance with Council's instruction of November 26, 1996
to refer the zoning amendments to RT-4 and RT-5 Districts to Public
Hearing, Council withhold for 30 days in accordance with the
provisions of Section 570 (1) of the Vancouver Charter, the
Combined Development and Building Permit for the proposed
development at 1604 East 13th Avenue, expiring March 16, 1997 and
for a further 60-day period, expiring May 15, 1997, for a total of
90 days from the date of submission, pursuant to Section 570 (2) of
the Vancouver Charter.
- CARRIED UNANIMOUSLY
3. Strata Title Conversion - 267-271 East 23rd Avenue
The Committee had before it an Administrative Report dated February
7, 1997 (on file) in which the Director of Land Use and Development
recommended approval of a strata title conversion for the
previously-occupied building at 267-271 East 23rd Avenue under
conditions set out in the report. One of these conditions would be
execution of a Section 215 covenant to serve notice on title regarding
the uncertainty of site redevelopment. This item was originally
scheduled for the Regular Council agenda of February 23, 1997, but was
withdrawn because the applicant wished to address the proposed Section
215 covenant
Rick Scobie, Director of Land Use and Development, explained the
area s zoning and reviewed the reasons why redevelopment may be
precluded if the building were significantly damaged or destroyed. The
purpose of the Section 215 covenant would be to warn prospective
purchasers of this possibility. Responding to queries, Mr. Scobie
clarified the zoning permits conversion of the existing building;
however, it would become non-conforming if destroyed. An appeal may be
allowed by the Board of Variance in such a case, but there is no
certainty of this. Therefore, he recommended Council proceed with this
condition. Mr. Scobie added that the building is a B listing on the
Vancouver Heritage Inventory. If the owners were to enter into a
Heritage Revitalization Agreement with the City in return for
designation of the building, this would address the difficulty,
permitting the covenant to be removed.
Gregory Fitzgeorge-Watts, applicant, noted the house was originally
built as an up-and-down duplex. He purchased the house with the
intention of gradually restoring, then stratifying it. This has been a
lengthy and frustrating process. If a Section 215 covenant is
required, it may prove financially unviable since prospective purchasers
will be put off by it. Mr. Fitzgeorge-Watts felt this would be unfair,
since there are many non-conforming residential buildings in the city
which have not been forced to carry such covenants. In response to a
question, Mr. Fitzgeorge-Watts indicated he is interested in pursuing a
Heritage Revitalization Agreement, but had been advised by staff to
proceed first with the strata titling.
Mr. Scobie advised Council could choose to defer this item to
pursue a Heritage Revitalization Agreement. However, he recommended the
strata title be approved at this time, allowing the applicant to get on
with his renovations. In the interim, staff can discuss the possibility
of an agreement with the applicant. Because of the degree of
non-conformity, this would likely require a Public Hearing and resolve
the zoning issue, rendering the Section 215 covenant redundant.
The following motion by Councillor Kennedy was put and carried.
Therefore, the Committee
RECOMMENDED
THAT the application to convert the previously-occupied building at
267-271 East
23rd Avenue (Lot 15, Block 24, D.L. 301, Plan 5112) to strata title
ownership be approved in principle, but that pursuant to Section 9 (1)
of the Condominium Act, the Certificate of Approval (Form 10) shall not
be issued unless the following conditions have been met within one year
of the date of this approval:
(a) Completion of all work required by the City Building
Inspector, under the necessary permits, at no cost to the
City, in order that this previously-occupied building
substantially complies with all relevant by-laws;
(b) Execution of a Section 215 covenant, to be registered
concurrently with the strata plan, prepared to the
satisfaction of the Director of Legal Services, to serve
notice on title regarding the uncertainty of site
redevelopment.
- CARRIED UNANIMOUSLY
It was Council's understanding Planning staff will discuss with the
applicant the possibility of entering into a Heritage Revitalization
Agreement, which would, if successfully concluded, remove the need for
a Section 215 covenant.
4. Modification to the Vancouver Indy Race Circuit
On March 11, 1997, City Council heard a Report Reference on an
Administrative Report dated March 6, 1997 (on file), in which the
General Manager of Engineering Services recommended approval of
modifications to the Vancouver Indy race circuit and the use of some
City lands on the south shore of False Creek for the event. Council
then postponed a decision until this meeting to permit delegations to be
heard.
Brent MacGregor, Deputy City Engineer, reviewed the existing race
circuit and modifications proposed from 1998 through 2001, the last year
of the Molson Indy s existing agreement with the City. The timing is
feasible within the City s timetable for development of the False Creek
lands. Circuit changes are necessary because of encroaching development
of the Concord lands, and there is also interest in adjusting the track
to allow more passing opportunities. Traffic will generally be improved
during the event weekend, because it will no longer be necessary to
close the Cambie Bridge, and noise will lessen in Yaletown. However,
there will be increased noise impacts further east, especially on the
City Gate development.
Phil Heard, Molson Indy Vancouver, noted 1997 will be the eighth
year on the Concord site. Concord has been very cooperative, but the
existing track will no longer be feasible in 1998 due to loss of
grandstand areas. It will take $1.2 million to bring the proposed new
circuit up to racing standards, and Molson had hoped for an extension at
least until 2003. However, it is understood this must await further
discussion. Mr. Heard
noted the Vancouver race is the fourth most attended in the Indy
calendar of events, and cited its economic benefits. Mr. Heard also
responded to questions about the race course, public consultation
process, and mitigating measures which Molson is willing to undertake,
including clean-up and posting security people on the City Gate site.
The following speakers opposed the recommendations of the General
Manager of Engineering Services::
Dave Olsen, Manager, Ridon Apartments (did not represent
tenants)
Denise Tascherea
Gaching Kong, Environmental Youth Alliance
Carmen Mills, Better Environmentally Sound Transportation
(BEST)
Eva Ricciu, Southeast False Creek Working Group
Gil Yaron
John Irwin
Tana Worcester
Frank Friga, Mount Pleasant Neighbourhood Association
The foregoing were opposed on one or more of the following grounds:
the Molson Indy will have terrible noise impacts on residents and
businesses which will be close to the new race course;
an event like the Molson Indy, which glorifies the environmentally
unsound car, is not appropriate for southeast False Creek, an area
where the City proposes to develop a sustainable community;
cement roads put in for the Molson Indy will detract from
opportunities for greenspace and other environmental features of
southeast False Creek;
the runoff from large areas of pavement will have a negative impact
on the water of False Creek;
racing promotes speeding and reckless behaviour;
public consultation has been token, at best, and not nearly enough
time has been allowed for the process, nor was information on the
proposals publicly available until very recently;
the end-of-March deadline is an artificial deadline imposed by
Molson to force the City to approve the race without sufficient
opportunity for public input;
prostitution and crime will increase in the area due to undesirable
types attracted to the event;
ostensible economic benefits of the event do not outweigh the high
social costs associated with the race and area residents loss of
peace of mind;
The following residents of City Gate opposed the change in the race
circuit unless satisfactory mitigation measures can be agreed upon:
Jan Enders, City Gate Tower 3
Joe Thompson
Judy Barker, City Gate Tower 4
Frank Kelly, City Gate Tower 2
Colleen Heenan
Merv Therriault, City Gate Tower 1
The foregoing opposed the change based on one or more of the
following grounds:
Molson has not negotiated in good faith with the residents of City
Gate, or has only done so in a token manner so far;
not nearly enough time has been allowed for the Strata Councils to
consult with all residents, nor has any agreement been reached with
Molson contrary to reports;
the residents of City Gate will be heavily impacted by the noise
and exhaust from race cars going right by their doors, and the City
should not approve the change until a signed agreement satisfactory
to City Gate residents has been reached;
concerns included noise, security from thousands of strangers
hanging around or cutting through the property, littering, property
damage, safety in case of race accidents considering the close
proximity of the speeding cars, and loss of landscaping and park
space to road widening;
Molson should be required to post a bond against potential damage
and other issues;
some speakers suggested they should be able to go away for the
weekend at Molson s expense.
The following supported the recommendations of the General Manager
of Engineering Services:
Andrew Watts, Racing Event Volunteers of Vancouver (REVV)
Ray Lord, Science World
Marc Lotzer, Motor Sport Expo
Jim Barkman, Eagle West Truck and Crane
Thomas Auer, Mount Pleasant resident
Jeff Caughlin
Randy Vanatter, Vancouver AM Tourist Services Association
Glen Ringdal, City Gate resident
Ray LeBlond, B.C. Place Stadium
Paul Vallee, Tourism Vancouver
Susan Mendelssohn, Lazy Gourmet
The foregoing speakers supported the recommendations on one or more
of the following grounds
the Molson Indy is a world-class event which many cities would love
to have, not readily replaceable, which is greatly enjoyed by huge
numbers of tourists and residents alike;
international media coverage of the event is a valuable marketing
tool, which draws other events, conventions, tourists, etc. to
Vancouver;
the event in 1998 will provide Science World with a valuable
opportunity to showcase itself;
without the Indy race, other events such as Motor Expo would be far
less well attended;
there would be a huge loss of jobs and revenue to Vancouver if the
Molson Indy were to relocate to another city;
the event is good for small businesses, providing much valuable
work, and also providing experience with large events;
charitable events and volunteers associated with the race do much
good for the community;
many technological improvements in areas such as automobile safety
and fuel efficiency have been developed in conjunction with the
sport of auto racing;
far from being reckless, the racing fraternity promotes safe
driving and opposes drug use and drunk driving;
the many benefits to Vancouver clearly outweigh a single,
periodically noisy weekend.
Norman Stowe, Molson Indy Vancouver, pointed out that media are not
just reporting on the race but on Vancouver. The marketing value of
what they say about the city is invaluable. Mr. Stowe felt no concerns
had been raised which cannot be
addressed in a reasonable way, and encouraged Council to support the
race and the proposed circuit change.
Mr. Heard assured Council the deadline is imposed not by Molson but
by the race governing body, and is necessitated by the lead time which
would be required for another city to prepare for the 1998 race. Mr.
Heard also apologized to the residents of City Gate for the short
notice. Negotiations will certainly continue with the residents of the
entire complex. Willingness to post a bond was also indicated, should
this be a measure deemed necessary.
Committee members reiterated that the City has an agreement to hold
the Molson Indy until 2001. Any extension beyond that date would have
to be negotiated based on a variety of factors. Clearly there would be
substantial economic losses to the city if the race were cancelled
prematurely. Mr. Heard was asked to continue his discussions with City
Gate with a view to arriving at mutually satisfactory mitigation
measures through better communication.
The Committee was unanimous on the majority of recommendations.
However, there was some difference of opinion regarding recommendation
D, which proposed that race organizers provide amenities for the
affected neighbourhood. Some members felt this was inappropriate, since
contributions of this nature are not normally required of event
organizers. Those in favour noted there is no requirement being
imposed, simply an instruction to staff to see if something can be
negotiated for the benefit of the area residents who will bear much of
the impact.
The following motions by Councillor Puil were put and carried.
Therefore, the Committee
RECOMMENDED
A. THAT Council approve a modification to the Vancouver Indy race
circuit to include Quebec Street, First Avenue and the
necessary City lands on the south shore of False Creek as
generally shown in Figure 3 of the Administrative Report dated
March 6, 1997; with details to be approved by staff under the
FEST Committee review process.
B. That Council direct staff to modify the Agreement with Grand
Prix Management Inc. ("owners" of the Vancouver Indy race) to
facilitate the modified track as described in the
Administrative Report dated March 6, 1997, all to the
satisfaction of the Director of Legal Services and City
Manager.
C. THAT mitigation measures be worked out to the satisfaction of
the FEST Committee.
- CARRIED UNANIMOUSLY
The following motion by Councillor Price was put and carried.
Therefore, the Committee
RECOMMENDED
D. THAT staff be instructed to discuss with Vancouver Indy
opportunities to provide improvements for year around
enjoyment, such as trees along the median of Quebec Street,
green space and playgrounds on the Southeast Shore lands, or
other amenities of value for the nearby neighbourhoods.
- CARRIED
(Councillors Clarke, Daniel Lee, Puil,
Sullivan and the Mayor opposed)
The following motions by Councillor Price were put and carried.
Therefore the Committee RECOMMENDED
E. THAT the Indy race track not be incorporated into the
Southeast False Creek sustainable development.
F. THAT a bond be posted to deal with City Gate liability issues
to the satisfaction of the Director of Legal Services and
General Manager of Engineering Services.
- CARRIED UNANIMOUSLY
The meeting was adjourned at 6:20 p.m.
* * *