CITY OF VANCOUVER SPECIAL COUNCIL MEETING MINUTES MARCH 25, 1997/APRIL 8, 1997/APRIL 28, 1997 A Special Meeting of the Council of the City of Vancouver was held on Tuesday, March 25, 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. Subsequently, a second meeting was held on Tuesday, April 8, 1997, at 7:30 p.m., to continue with Item No. 1, Rezoning: 3062-3188 West 41st Avenue, and to consider Item No. 3, Text Amendment and Area Rezoning: RT-4/4N and RT-5/5N Districts - One- and Two- Family Dwellings. A third meeting was held on Monday, April 28, 1997, at 7:30 p.m., to complete Item No. 1. These minutes represent a consolidated version of the three meetings. March 25, 1997 PRESENT: Mayor Philip Owen Councillor Alan Herbert Councillor Lynne Kennedy Councillor Daniel Lee Councillor Don Lee Councillor Gordon Price Councillor George Puil Councillor Sam Sullivan ABSENT: Councillor Don Bellamy (Leave of Absence) Councillor Nancy A. Chiavario (Leave of Absence) Councillor Jennifer Clarke (Leave of Absence) April 8, 1997 PRESENT: Mayor Philip Owen Councillor Don Bellamy (Item 3 only) Councillor Nancy A. Chiavario (Item 3 only) Councillor Alan Herbert Councillor Lynne Kennedy Councillor Daniel Lee Councillor Don Lee Councillor Gordon Price Councillor George Puil Councillor Sam Sullivan ABSENT: Councillor Jennifer Clarke April 28, 1997 PRESENT: Mayor Philip Owen Councillor Alan Herbert Councillor Lynne Kennedy Councillor Daniel Lee Councillor Don Lee Councillor Gordon Price Councillor George Puil Councillor Sam Sullivan ABSENT: Councillor Don Bellamy Councillor Nancy A. Chiavario Councillor Jennifer Clarke CLERK TO THE COUNCIL: Tarja Tuominen COMMITTEE OF THE WHOLE MOVED by Cllr. Don Lee , 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 Vary Order of the Agenda The Mayor advised Items No. 2 and 4 had no speakers registered for either application, and therefore Council would consider them first on the agenda. 2. CD-1 Text Amendment and Rezoning: 2940-2970 East 22nd Avenue (Three Links Care Facility) An application by Buttjes and Gordon Architects, was considered as follows: Summary: The proposed text amendment and rezoning from C-1 Commercial District to CD-1 Comprehensive Development District would permit the expansion of an existing care facility to provide multi-level care to an additional 26 residential rooms, and to include space at grade for retail, health care office, service and adult day care uses. An additional 18 parking spaces are proposed. A small addition is also proposed at the entrance to the existing building to increase dining and lounge areas. Maximum density would be 1.50 FSR. The Director of Land Use and Development 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 Buttjes and Gordon Architects, and stamped "Received City Planning Department, September 17, 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 improve the relationship of the massing and treatment of the north entrance addition to the existing building; (ii) design development to improve the relationship of the new addition to the existing building through the treatment of materials and massing; (iii) design development to bring the storefront glazing to the property line; (iv) design development to provide details for the adult day care facility, such as the location of washrooms, kitchen, etc.; (v) design development through submission of a comprehensive landscape plan for the entire facility, to address the following: - softening the existing parking access off East 22nd Avenue, through landscaping and surface treatment; - provide street furniture in the setback of the existing building, where feasible; - improve the transition between the surface parking on the lane and building through landscape treatments while ensuring open sightlines; and - relocation (with a tree spade) of trees on the site of the proposed lounge/dining addition to a new permanent location adjacent to the addition; (Note: Photographs reveal these trees [three Blue Spruce and one Cherry, approximately 6.0-7.6 m (20-25 ft.) high] to be in excellent condition.) (vi) design development to reduce opportunities for theft in the underground parking area. (Note to Applicant: The open exit stair at the rear will create an opportunity for easy access to the underground as well as creating an opportunity for mischief. These stairs should be relocated with a flush door on the outside of the building. Design of the underground parking in accordance with section 4.12 of the Parking By-law and painting the walls, ceilings and utility pipes white.) (c) THAT, prior to enactment of the CD-1 By-law, the registered owner shall, at no cost to the City: (i) consolidate Lots 1, 5 and 6, Section 48 NW¨, Plans 18185 and 7436; and (ii) make arrangements for all new electrical and telephone services to be undergrounded within and adjacent the site from the closest existing suitable service point. Lynda Challis, Planner, advised staff support the application. The location is well served by transit and will increase the number of multi-level care beds available in the neighbourhood. The proposal also includes an increase in density to 1.25 and an increase in height. A small addition is proposed to increase dining and lounge areas. A comprehensive landscape plan is recommended as a condition of approval. Applicant Opening Comments The applicant offered no comments on this application. Summary of Correspondence There was no correspondence received on this application. Speakers Mayor Owen called for speakers for and against the application, and none were present. MOVED by Cllr. Puil, THAT the application be approved, subject to the conditions as set out in this minute of the Public Hearing. - CARRIED UNANIMOUSLY 4. CD-1 Text Amendment: 572 Beatty Street International Village (CD-1 By-law No. 6747) An application by the Director of Land Use and Development was considered as follows: Summary: The proposed amendment would: delete the maximum permitted tower width; delete the minimum street edge height requirements; increase the permitted tower height in Sub-Area 4; and correct wording pertaining to residential parking requirements. The Director of Central Area Planning recommended approval of the application. Staff Opening Comments Mike Kemble, Planner, advised the purpose of the proposed application is two-fold: to clear up inconsistencies between the previously adopted International Village CD-1 By-law and the International Village CD-1 Guidelines; and to revise parking standards. The proposed amendment will delete the maximum permitted tower width and increase tower height. The increase in height will not impact on public views or shadowing. The revised parking standards will correctly reflect the wording for parking requirements as approved at a Public hearing on December 14, 1995. Summary of Correspondence There was no correspondence received on this application. Speakers Mayor Owen called for speakers for and against the application, and none were present. MOVED by Cllr. Puil, THAT the application be approved. - CARRIED UNANIMOUSLY 1. Rezoning: 3062-3188 West 41st Avenue An application by Neale Staniszkis Doll Adams, Architects, was considered as follows: Summary: The proposed rezoning from RT-2 Two-Family dwelling District to CD-1 Comprehensive Development District would permit the development of two 3-1/2 storey multiple dwellings with 58 units for households in which at least one resident would be 55 years of age or older. Twenty-one of these units would have direct grade-level access. Maximum density would be 1.25 FSR. The Director of Land Use and Development 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 Neale Staniszkis Doll Adams, Architects; and stamped "Received City Planning Department, August 15, 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 design developments: (i) to reduce the scale of the south face of the buildings to minimize overlook and improve the scale relationship with single-family homes across the lane. The design should be refined to read more substantially as a three storey building from the south. This could be accomplished by bringing the eave line down to the third floor along more of the facade, by reducing the extent of development on the fourth floor, and by pulling the face of units on the top floor further into the mass of the building. It should be noted that the most conspicuous scale discrepancy occurs at the western ends of the buildings as the grade drops along the lane. In particular, the west end of the eastern building presents the most extreme circumstance. Consideration should be given to breaking the floor plates at these points, to enable the building to more closely follow the existing topography; (ii) to reduce the perceived length of the development along West 41st Avenue by breaking the buildings into more distinct masses, and by providing more substantial differences in the architectural expression of the four main masses of building; (iii) to prevent parking on the proposed laneside walkway by providing a raised, structured planting area between the lane and the walk, as well as considering the provision of lighting along the walk; (iv) to reduce opportunities for theft in the underground parking areas; (NOTE: Open exit stairs provide easy access to underground parking areas when they are visually accessible to non-residents. These exit stairs should be relocated within the building envelope, with only the door exposed, or open exit stairs can be located in the semi-private open space where they can be watched by residents. The underground parking appears ungated at the parking entrance which will become an opportunity for theft. This should be gated at the street with consideration to providing electronic communication to residents. The separate gating of townhouse parking has shown to improve security from theft in the underground and is considered positive.) (v) to reduce fear in underground parking in accordance with Section 4.12 of the Parking By-law and give consideration to painting the parking garage white; (NOTE: The openness and design of the elevator lobbies in the underground is considered very positive.) (vi) in concurrence with the Arborist report and the Landscape proposal, six existing trees are to be relocated; (NOTE: Particular attention should be placed on the successful relocation of the 20 inch caliper Redwood, as noted in the Arborist report as "A beautiful specimen in superb condition. This specimen is worth serious efforts to retain or relocate".) (vii) provide low planting in front of the proposed fence along West 41st Avenue; and (viii) to improve defensibility and reduce opportunities for break and enter and nuisance on residential entrances and yards on the lane. (NOTE: Ground level units both facing streets and semi-private open space have shown to be most susceptible to break and enter. Opportunities for break and enter can be reduced by deleting areas of concealment outside of doors, windows and patios and encouraging surveillance by other residents and people passing by to these units. Semi-private open space should be secured from access by non-residents while remaining visually open. Opportunity can also be reduced by routing exits from the underground directly outside rather than into the residential lobby (in coordination with the Fire Department); and (ix) to endeavour to reduce the maximum height of buildings at the westerly end of each structure to a maximum height of 11 m (36 ft.). (c) THAT, prior to enactment of the CD-1 By-law, the registered owner shall: (i) consolidate Lots 1, 2, 3, East ´ of Lot 4, West ´ of Lot 4, and Lot 5, Plan 1987, and Lot A of Lots 6 and 7, Plan 5869, all of Blocks 1 to 3, DL 321; (ii) make arrangements to the satisfaction of the General Manager of Engineering Services for the following: - the dedication of the north 17 ft. of lots 5 and W ´ of lot 4 (plan 1987) and lot A (plan 5869), for road purposes; - the dedication of the south 10 ft. of lot 5 (plan 1987), for lane purposes; - the opening and paving of a portion of the lane south of West 41st Avenue from Carnarvon Street to the west to provide improved access to the site [approximately 76.2 m (250 ft.)]. This requires the preparation and registration of a lane drainage agreement; - the provision of street trees on West 41st Avenue and on Balaclava where possible; - all electrical and telephone services to be underground within, and adjacent the site from the closest, existing suitable service point; and (iii) execute an agreement to the satisfaction of the Director of Legal Services and the Manager of the Housing Centre restricting sales to a single person at least 55 years of age and to no more than two people, at least one of whom is at least 55 years of age, to be registered in priority over all charges which may defeat or delay the agreement. Staff Opening Comments Tom Phipps, Planner, reviewed the application to develop a 58-unit building on a 1.2 acre site on the south side of West 41st Avenue. Carnarvon Street is located to the west, Crofton House to the west, Kerrisdale Elementary School to the north, and residential to the south. The residential lots to the south are deeper than average offering separation from the proposed development. The area has been zoned RT-2 since 1956, and although townhouses are possible in the RT-2 zoning, townhouse or duplex development is very unlikely in the area because of high land costs. The development offers to accommodate a larger number of residents than a townhouse development, but will have to fit in the surrounding scale. The building will be well served by transit. The proposal also serves existing regional policies to provide ground oriented housing . Views are not an issue. However, neighbours have raised several concerns, including: lack of an area planning study; traffic impacts and shortcutting; and overlooking into rear yards. Staff are sympathetic to the concern for the need to have a planning study as the development may set off other rezoning applications; however a policy is in place to actively discourage other rezonings. A traffic impact assessment has shown the development will cause very little peak hour increases. Staff recommend a significant reduction in massing in the rear and overall density to reduce the concern with overlooking into rear yards. Applicant Opening Comments Linda Moore, applicant, advised she is the development consultant for Balaclava Mews, 3062-3188 West 41st Avenue. The elderly area residents approached her to discuss redeveloping their properties in the 3000-3100 Blocks of West 41st to build seniors housing. Her role has been one of facilitating the public consultation process. Neighbours have raised objections to the proposal because of traffic and parking concerns. Ms. Moore referred to a Record of Public Consultation dated August 14, 1996 (on file), which summarized the public consultation program for Balaclava Mews from January to August 1996. The program included a public open house in May, and an information meeting held in early June. The revised scheme reflects a fair compromise to the concerns raised as a result of the public consultation and the conditions of approval will continue to refine the proposal. Some of the revisions include: a reduction in density to 1.25; access to the underground parking will be at Carnarvon Street; the roof will be pitched, the eaves dropped and the development will be reminiscent of the larger Craftsman-style of the area; ground oriented units will be offered. The development will benefit and fill the needs of the community and not detract from it. In response to a question on the projected price of the units, Ms. Moore advised the prices are targeted at $170,000 to $350,000. Brian Wallace, N.D. Lea & Associates, advised preliminary estimates showed the development should provide close to 1.2 parking spaces per unit; the applicant will be providing 1.4 spaces and 10 visitors parking spaces. Summary of Correspondence A review of the correspondence on this application indicated the following: covering letter enclosing 68 letters in support; 47 letters in support; 4 letters expressing concerns with the proposed rezoning; 22 letters opposing the rezoning application. Speakers Mayor Owen called for speakers for and against the application. Council heard from 18 speakers on March 25, 1997, before adjourning to reconvene on April 8, 1997. For the purposes of clarity, speakers' comments are consolidated in the next section of the minute. MOVED by Cllr Puil, THAT the Public Hearing adjourn to be reconvened on Tuesday, April 8, 1997, at 7:30 p.m. in Council Chamber, to hear the remainder of speakers. - CARRIED UNANIMOUSLY * * * * * The Special Council adjourned at 10:00 p.m. * * * * * The Special Council reconvened on Tuesday, April 8, 1997, at 7:30 p.m., in the Council Chamber, Third Floor, Vancouver City Hall, to continue to hold a Public Hearing to consider proposed amendments to the Zoning and Development By-law with the same members present, and the addition of Councillors Bellamy and Chiavario for Item 3 only. Vary Order of Agenda The Mayor advised 12 speakers were registered to speak on Item No. 3, and 26 speakers registered for Item No. 1. The Mayor also noted as Item No. 1 had 26 registered speakers, it may not be concluded this evening. MOVED by Cllr. Kennedy, THAT the agenda be varied to consider Item No. 3 prior to continuing with Item No. 1. - CARRIED UNANIMOUSLY 3. Text Amendment and Area Rezoning: RT-4/4N and RT-5/5N Districts (One and Two Family Dwellings) An application by the Director of Land Use and Development was considered as follows: Summary: The proposed text amendment to the RT-4/4N and RT-5/5N Districts Schedules would make one and two-family dwellings conditional approval uses in the following areas: Grandview-Woodland RT-4 and RT-5/5N area; Mont Pleasant RT-5 area; Cedar Cottage West RT-5/5N area; Cambie RT-5 area; and Burrard RT-5 area. The proposed text amendment would also create new RT-4A/AN and RT-5A/AN Districts Schedules to keep these uses outright, and the proposed area rezoning would apply to two areas as follows: Joyce RT-4/4N area to RT-4A/AN; and Cedar Cottage East RT-5/5N area to RT-5A/AN. The Director of Community Planning recommended approval of the application, subject to the following conditions as proposed for adoption by resolution of Council: THAT, if approved at Public Hearing, the by-law be accompanied at the time of enactment by: (i) the "RT-4/RT-4N, RT-5, RT-5N and RT-6 Guidelines" to be amended by resolution of Council to reflect the Districts Schedules changes. Staff Opening Comments Trish French, Planner, advised most of the areas affected by the proposed amendments are located in the east side of the city, with some small pockets located in the west side. The RT-4A/4AN and RT-5A/5AN Districts are new labels for those areas which will have no changes - to keep one- and two-family dwellings outright. In the proposed RT-4/4N and RT-5/5N areas, an annual average of 13 developments go through the development permit process as outright, and approximately seven in the RT5/5N areas are conditional. Staff have received some complaints from residents about dwellings which are extra long, have minimal rear yard requirements, and are unattractive architecturally. All renters, owner- occupiers and absentee landlords were surveyed on making the one- and two-family developments conditional and subject to existing design guidelines. The response was between 26 to 30%, with occupier and absentee owners 56 to 73% in favour. Other major changes proposed by the amendments will affect the architectural character of the buildings, such as pitched roofs, wood siding, and window treatment. The permit processing time and fees will be increased. However, the amendments will address the main concerns raised about the existing built form of the dwellings. Summary of Correspondence A review of the correspondence on this application indicated the following: - two (2) letters in support. - one (1) petition containing 62 signatures in support. one (1) letter expressing concern with having his building permit application put on hold pending the Public Hearing. one (1) letter enclosing a petition containing 25 names in support of the application. Speakers Mayor Owen called for speakers for and against the application. The following speakers supported the application: Arno Schmidt Simon Royle Eric Teevens Richard Green. The foregoing supported the application based on one or more of the following reasons: The proposed text amendment will enhance the quality and character of the housing stock in the Grandview-Woodlands area, which is one of the older areas in Vancouver; The amendment will encourage the retention of the older housing stock, and thereby address an important ecological issue - to encourage the recycling of buildings and building materials, such as baseboards and moldings ; The amendment will encourage preservation of the old style of buildings and encourage residents to take pride in the preservation of heritage. Hazen Sise, a resident in the Grandview Woodlands area, generally supported the application, but raised several concerns. Mr. Sise pleaded for some mechanism in the proposed zoning amendment to allow for more leeway on design issues and relaxations for atypical situations, such as setbacks and rear yard restrictions . Mr. Sise cited problems in trying to remodel his house and requested that his property be exempted from the RT-4 zoning and given RT-4A zoning. Houses not incorporating the stylistic elements of the neighbourhood are not necessarily ugly. The area has a mix of houses from all eras; all are a product of their time. Mr. Sise asked for greater latitude for diversity and innovation. Staff Closing Comments Trish French advised a certain amount of flexibility is built into the guidelines and any issues may be resolved within the development permit review. The only other alternative is to go before the Board of Variance. MOVED by Cllr. Bellamy, THAT the application be approved, subject to the condition as set out in this minute of the Public Hearing. - CARRIED UNANIMOUSLY * * * * * (Councillors Bellamy and Chiavario left the Public Hearing at the conclusion of Item No. 3 and were not present for the continuation of Item No. 1) * * * * * The following speakers spoke in favour of the application before Council: Dr. Josephine Mallek Maurice Spanza (photographs filed) Louise McGregor Iona Douglas Bill Higgins Alan Artibise Barbara Hanson Joan Johnston Dexter Pettigrew Mary Hardy Ken Mayhew (brief filed) Elizabeth Ballard Nightingale Michael Flamer, on behalf of Rea Flamer Ken Rowley. The foregoing supported the application based on one or more of the following reasons: the Advisory Committee of Council on Seniors unanimously approved the proposal and are anxious to see the project go ahead; the development will provide suitable affordable housing for seniors who have lived in the area for years but now are living alone in their home and have become persons at risk; currently, there is no accommodation for them to go to; the development will address an important community need; already an increase in density occurring in the area; houses on West 42nd Avenue across from proposed development (photographs refer) are developed with large double garages, no grass or trees; where once had 4 houses, now have 7; the proposed development will be well built and will include wider doorways, easy access, good lighting; wanted to stay in immediate neighbourhood, but unable to find any other senior's housing in the area; if senior's housing is not build in Kerrisdale, where will it be built; the West 41st Avenue Property Owners Group is committed to the best for themselves, but are also concerned about the needs and quality of life for their peers in the area; need to provide a larger amount of housing for seniors in the area; the neighbourhood is self-contained; shops are easily reached by walking or transit; the project is a way to reduce traffic; the seniors are creating their own solution and part of a long-term solution; the project will be build on a main arterial, close to transit, shops and services, a basic concept of City Plan; the project is a responsible approach, providing medium density housing with some ground oriented units; a lot of long-time Kerrisdale residents hope the project will be approved; they don't want to move to White Rock or Richmond, and don't want to have to drive everywhere; need to have some places with higher density to accommodate an increasing number of seniors; there are many Kerrisdale homeowners who could benefit from such a development; a single family home is expensive to maintain; looking for senior's accommodation, and choices in accommodation which offer safety for older people; the proposed complex will have security and a caretaker; transportation is nearby; as far as the traffic problem, the traffic is there already; seniors don't clutter up the highways and avoid driving in high density times; the Kerrisdale/Dunbar community has one of the highest density populations of seniors in the city, but has no affordable and senior oriented retirement housing; 41st Avenue is not primarily a single family residential avenue; within the 14 blocks between Dunbar and West Boulevard, only four of the blocks, on either side of 41st Avenue, are exclusively single family residences; in addition, there are 4-storey apartments on 41st Avenue at Maple Street; important to respect seniors' wishes to remain in the community; it is society's tendency to push seniors out of the way to suburbs; continuity and predictability become very important to seniors. The following speakers opposed the application: Allison Murray Jim Stewart Laurie Grant Paul Yue Jim Skelton Bruce Arbo Maxwell Anderson Ruth Freeman Marcia Chi Jane Grant Zayed Gamiet Johanna Albrecht Mrs. Clark Binkley Kim Richards Dara MacGowan Lee Higinbotham Ian Stewart Bryan Kynoch Agneta Wright Jim Diggins Harry Gray Pat Fulton Sammy Su Jim Lehto (brief filed) Anne Rowland Peter Wright Marlene Allen Steven Khan Bruce Stuart (brief filed) James Dodds Tony Ryan (petition filed) Jenny So. The foregoing opposed the application based on one or more of the following reasons: the density and height suggested for the development will change the character of the area; the current RT-2 zoning would allow townhouse development; a two-storey building, with 20 units, would be more in keeping with the neighbourhood; although agree need more senior's housing, a 58-unit development contains too many units for the neighbourhood; the neighbourhood is primarily composed of single detached homes; any development with high density should not be encouraged; the height of the proposed development will affect views; the height of the proposed development should be limited to the same height as the neighbouring detached housing or the height of Oak Gardens; a development with two storeys in the front and three at the back would be more appropriate for the area; the massing of the proposed building is too intrusive; concerned about the magnitude of change due to the development as proposed; transitional development would be more appropriate for the location; another development is proposed to the east of this proposal, which will add an additional 33 parking stalls; concerned about the traffic at Carnarvon and the traffic patterns on West 41st Avenue; concerned about the access from Carnarvon; visibility would be better from Balaclava Street access; the development will add more traffic pressure and drivers will go through the surrounding neighbourhood, by schools, to try to avoid congestion; a traffic study completed by the applicant was done when UBC was not in session; a further traffic study was promised but the neighbourhood has not seen it; there are three schools in the vicinity - Kerrisdale, Kerrisdale Annex, and Crofton House, with approximately 1,500 students in total, primarily of elementary school age; concern with students safety walking back and forth to school because of the already high level of traffic in the area; opposition to the proposed densification; the developer should be able to develop the project within current zoning; the development will be at least three times more than the current allowable zoning, and will be adding to the traffic; the mark-up of the units to market value will generate high profits to the developer; the developer would benefit the most; the residents should work with planners to create a better environment for seniors and children; a seniors' site should be located close to shopping, medical centres, services, recreational facilities and community centres; the proposed 82 parking spaces for the development falls short of what is required for the number of units in the development; want to see an overall community plan for the area, not indiscriminate changes to the character of the area; would like to stress a minimum 20-foot setback to accommodate a Kerrisdale-style of landscaping; the development must have extensive greenery and conform to RS-5 setbacks of 24 feet or more; the proposed 58-unit development is a large development built on a small property, and will eliminate valuable green space; all developments in the area have recognized and lived within the important characteristics of the community; the community was not properly notified of the development; only residents who received notice were the properties directly south of the proposed development; need to have a proper notification of the neighbourhood; many supporters of the proposal are from outside of the neighbourhood and will not have to live with the impacts; request report back on revised massing envelope for multiple dwelling development for the site; the impact of the proposed development on the neighbourhood will be huge; the area is composed of big houses and big yards; the proposed development is about profits not seniors, with a project profit increase worth $3,440,320; the proposed development will set the standard for other development along 41st Avenue; the proposal is for a massive intrusive development; the laneway behind the development is very narrow, has poor visibility and already has bottlenecks, as well as dumpsters backing out of it onto the street. Applicant Closing Comments Michael Geller, applicant, addressed the questions raised by the speakers: Oak Gardens was developed on four single lots and contains 43 units; the average age of residents is 82; none of the concerns about traffic, change in character and inappropriate precedent have materialized; character and setbacks - sideyards are greater than those being suggested; the traffic consultants have been involved in a number of seniors projects, and with Crofton House and have also been retained by UBC to come up with a comprehensive plan to reduce traffic, so are familiar with the area and seniors' needs; the age restriction of 55 has been established by courts and the Real Estate Act; it will allow a 58-year-old widow to move into building; the proposed 82 spaces for 58 homes is reasonable; an increase in the amount of parking will decrease the number of ground oriented units; the location is good, the residents will not need cars; if the number of units are reduced, the price of each unit will be increased; asking $76 per square foot, with the developer getting 15%; concern with overlooking - will have mews and extensive landscaping; planners have identified a number of conditions to increase the setback; will agree to plant more trees to lessen impact. Mr. Geller advised he is willing to reduce the height of the buildings to 35 feet and circulated a memorandum (on file) summarizing the applicant's requested modifications: include a caretaker's suite as part of the amenity area; modify the parking requirement from RM-3 standard to 82 spaces; and make arrangements to the satisfaction of the Director of Legal Services to consolidate the affected properties. Staff Closing Comments Mr. Phipps noted the application has flaws with the upper storey massing and overlooking, but these have been resolved with the recommended reduction in FSR to 1.25 and change in the height to 36 feet. The site is located on two bus routes. Staff do not recommend the caretaker suite be deducted from the FSR as that will be inconsistent with the practice elsewhere in the city. Setbacks are greater than asked for. The neighbours concerns about traffic are not attributable to the project. It is anticipated 10 to 15 cars will be added to the area; this is a fairly marginal increase and would be the same if single family or townhouse development was approved for the site. Services and shopping are located nearby. Although reluctant to reduce the parking requirement, staff would rather give up six parking spaces than have fewer ground oriented units. Paul Pinsker, Transportation Engineer, advised the problems along Carnarvon Street are existing problems related to the shortage of capacity along Marine Drive. The remedy is to deal with short-cutting traffic, such as the upcoming West Kerrisdale traffic calming project. Many developments are built on arterial routes and are doable at countless intersections throughout the City. The reduction of parking spaces to 82 is less than a 10% reduction; every fourth unit may have a second car. There is good transit service east and west, and from north to south. One solution with identified concerns with garbage loading would be to open up the lane, however the residents want the lane closed. Bruce Maitland, Manager of Real Estate Services, advised the buildable rate in the west part of the City is $75 to $80/square foot and needs a minimum density of 1.25 FSR. A townhouse development would be too expensive to build. Land is available in RM-3 zoned areas in Kerrisdale, however, most of that land is built with framed rental apartments and inhabited by seniors. MOVED by Cllr. Price, THAT the application be approved, subject to the conditions as set out in this minute of the Public Hearing. - CARRIED (Councillor Puil opposed) MOVED by Cllr. Kennedy, THAT the application be subject to the following amendments: 1. THAT Clause 6 of the By-law be revised to amend the parking requirement to 82 spaces. 2. THAT condition (c)(i) be amended to read: Make arrangements to the satisfaction of the Director of Legal Services to consolidate Lots, 1, 2, 3, etc. FURTHER THAT the development application plans be reviewed by the Special Advisory Committee on Seniors prior to formal approval by Council of the form of development. - CARRIED (underlining denotes amendment) (Councillor Puil opposed) MOVED by Cllr. Sullivan, THAT the application be subject to the following additional amendments: 3. THAT Clause 3.3(d) of the By-law be revised to include a caretaker's suite as part of the amenity area. 4. THAT condition b(ix) be amended to allow the maximum height of the buildings to be kept at 12 metres (39.5 feet), unless the buildings can be built at a maximum height of 10.7 metres (35 feet) without detracting from the development's amenities and aesthetics. - CARRIED (Councillor Puil opposed) MOVED by Cllr. Puil, THAT condition (c)(iii) be amended to change the years of age from 55 to 65. - LOST (Councillors Herbert, Kennedy, Daniel Lee, Don Lee, Price, Sullivan and the Mayor opposed) RISE FROM COMMITTEE OF THE WHOLE MOVED by Cllr. Sullivan, THAT the Committee of the Whole rise and report. - CARRIED UNANIMOUSLY ADOPT REPORT OF COMMITTEE OF THE WHOLE MOVED by Cllr. Don Lee, SECONDED BY Cllr Kennedy, 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 10:00 p.m. on March 25, 1997, 9:55 p.m. on April 8, 1997 and 11:15 p.m. on April 28, 1997.