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. * * *