CITY OF VANCOUVER SPECIAL COUNCIL MEETING MINUTES APRIL 24,...

CITY OF VANCOUVER

SPECIAL COUNCIL MEETING MINUTES

APRIL 24, 1997

A Special Meeting of the Council of the City of Vancouver was held
on Thursday, April 24, 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.

PRESENT: Mayor Philip Owen
Councillor Don Bellamy
Councillor Nancy A. Chiavario
Councillor Jennifer Clarke
Councillor Alan Herbert
Councillor Daniel Lee
Councillor Don Lee
Councillor Gordon Price
Councillor George Puil

ABSENT: Councillor Lynne Kennedy (Civic Business)
Councillor Sam Sullivan

CLERK TO THE
COUNCIL: Gail L. Johnson

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.

- CARRIED UNANIMOUSLY
1. Text Amendment: 1201 West Hastings Street

An application by the Director of Land Use and Development was
considered as follows:

Summary: The proposed amendment would, in the short term, extend
the Coal Harbour Official Development Plan boundary to include the
Central Waterfront District-zoned (CWD) portion of the site. The
present CWD rezoning specifies uses permitted on the site, but has
no regulations. In the long term, the Planning Department intends
to enter into a cooperative process with the property owner to
develop an appropriate zoning for this site.

The Director of Land Use and Development recommended approval of
the application.

Staff Opening Comments

Ian Smith, Planner, reviewed the application, explaining that as a
result of the enactment of Marathon's "Harbour Green Neighbourhood" (501
Bute Street), a private development site on the north-eastern end of the
1200 Block West Hastings has been created, with a split "Downtown
District" and "Central Waterfront District" (CWD) zoning.
Unfortunately, the majority of this site is not regulated by the
existing Official Development Plan. As a temporary measure to correct
this situation, staff was recommending the Coal Harbour ODP boundary be
extended to include the CWD portion of this site. In the long term,
discussions will be held with the property owner to develop an
appropriate zoning for this split-zoned site. Mr. Smith noted the
owners of the land affected by the proposed rezoning opposed the
application as they claim to have no interest in developing the property
in an unreasonable and inappropriate manner for the area. Planning's
response is that the property may be sold to new owners at any time, and
the problem may then surface. Hence, the Director was recommending
approval of the application.

In response to a question from Council concerning the covenant
required by Planning against the subject site, Mr. Smith pointed out
this was in relation to the pending study of soils in the area. If the
owners wished to speed up the process, they could proceed with an
independent study and if the soil is not found to be contaminated, the
covenant could be lifted.

Summary of Correspondence

A review of the correspondence indicated one letter opposed to the
application.

cont'd....

Clause No. 1 (cont'd)

Speakers

Mayor Owen called for speakers for and against the application and
one speaker came forward.

Jonas Lehrman, area resident, explained he was not against this
particular development, but was generally opposed to over-development of
the south side of Burrard Inlet. As new high rise towers in the area
are higher than ever before and views are being obscured, he urged
Council to place limitations on development of this area and end the
wall of high rise development encircling the West End.

Staff Closing Comments

Mr. Smith responded to the speaker's comments by noting that
Planning is putting forward this application in recognition of the
possibility of an inappropriate development occurring without the
amendment. Further, the height and scale of any new building will be
determined by the public process.

Council Discussion

MOVED by Cllr. Bellamy,
THAT the application be approved.

- CARRIED UNANIMOUSLY

2. Text Amendment: Downtown Official Development Plan - Residential
Use

An application by the Director of Land Use and Development was
considered as follows:

Summary: The proposed amendments to the DODP would:

delete residential as a permitted use in the core of the
Central Business District;

delete the housing bonus in areas of the Central Business
District immediately adjacent to the core; and

cont'd....

Clause No. 2 (cont'd)

introduce "choice of use" zoning in the Triangle West area and
for sites on the south side of Alberni Street between Bute and
Burrard Streets and along Burrard Street, generally south of
Smithe Street.

The Director of Central Area Planning recommended approval of the
application.

Staff Opening Comments

Michael Gordon, Planner, reviewed the reasons for staff's
recommendation of approval of this application which proposed to update
residential zoning, and refine policies for residential rezoning in an
around the Central Business District. The changes would carry out
Council's wishes approved in 1991 as part of the Central Area Plan.

Discussions have been held between City staff and Downtown business
groups, property owners and tenants, and staff have facilitated a
process to reconcile differences and frame updated policies. This has
resulted in a plan that emphasizes the regional importance of the CBD
and provides for its continued growth, while still maintaining some
flexibility for a limited amount of CBD housing. An inventory of office
development potential is currently being prepared, which ultimately will
be maintained by the private sector, in liaison with City staff.
Projections indicate there will be a significant shortfall of office
space in the Downtown core in the next 20 years. The new "choice of
use" zoning allows an owner to choose between residential and
non-residential uses in certain areas. The overall effect of these
zoning and policy changes will be more efficient handling of development
proposals with fewer rezonings and faster processing of applications
based upon updated policies.

Mr. Gordon also circulated a memo dated April 23, 1997 from the
Corporation Counsel, (on file City Clerk's Office), which addressed a
recommendation being presented by staff for Council's consideration,
concerning proposed covenants on the titles of dwelling units on Howe
Street between Robson and Nelson Streets. The covenant was intended to
notify owners that their unit is near an entertainment district on
Granville Street and may be impacted by noise. Mr. Gordon pointed out
that in view of Mr. Bland's advice that it is not possible to have an
effective and legal covenant registered against the title of dwelling
units as described, the Director of Development and Land Use could be
directed to apply as a condition of development, a requirement that
developers include a notice with the disclosure statement advising that
the development is adjacent to an entertainment district.

Summary of Correspondence

There was no correspondence received on this application.

cont'd....

Clause No. 2 (cont'd)

Speakers

Mayor Owen called for speakers for and against the application and
two speakers spoke in favour of the application.

Gerald Hamilton, Hamilton Doyle and Associates, explained he was
speaking as composite Chair of the DVA, UDI, BOMA and Board of Trade and
after working with planning staff over the past 18 months, the group
believes the proposed changes represent the best results that can be
achieved. The one issue that was not supported was related to the
development cost levy bylaw to be drafted for the Triangle West district
and along Alberni Street where increased demands for capital projects
are anticipated. In this instance, the amenities are already in place
and the four organizations believed the DCL's should be only applied
when starting from scratch.

Blake Hudema, Harris Hudema Consulting, explained the inventory of
potential office development space which his firm is developing will
provide the public and private sectors with an effective tool to measure
development changes in the Downtown. This will be especially helpful in
addressing the increasing demand and diminishing supply. He expressed
support for the changes being recommended by staff.

Staff Closing Comments

Responding to comments by Council that it has a duty to warn owners
about the existence of entertainment districts, Mr. Larry Beasley,
Director of Central Area Planning, recalled this problem has arisen at
other times and agreed that solutions to deal with it should be explored
further. Consideration could be given to including notification as part
of the general description of the area in the Official Development Plan
or in the Guidelines. With respect to the office inventory, Mr.
Beasley commented that staff will be able to make detailed judgements,
rather than assumptions, which will have a positive effect on the office
development sector by increasing capacity before scarcity exists.

Council Discussion

While some Council members expressed concern over the projected
scarcity of office space and were pleased to see measures to address
this, one member commented this vision is not alarming as it fits in
with the intent of the regional town centre plan to move office space
out of the core of the Downtown. Staff were requested to report back
further on the matters of notification to owners in the entertainment
district and on development cost levies for this area.

cont'd....

Clause No. 2 (cont'd)

MOVED by Cllr. Clarke,

A. THAT the application be approved.

B. THAT covenants not be required as a condition of development
permit approval on the title of dwelling units where they are
located on development sites on the east side of the 800 and
900 Blocks of Howe Street, on the understanding that staff
report back on the issue of notification with regard to the
entertainment district designation.

C. THAT staff report back on the requirement for development cost
levies for Triangle West and adjacent Alberni Street sites
prior to enactment of the Bylaw.
- CARRIED UNANIMOUSLY

3. Text Amendment: Downtown Official Development Plan - Downtown
South

An application by the Director of Land Use and Development was
considered as follows:

Summary: The proposed amendments to the DODP would:

give the Development Permit Board discretion to relax the
height limit of 70 feet to a maximum of 120 feet on small
sites to accommodate increased density for low-cost and social
housing; and

add references to emphasize the importance of the public realm
in the Downtown generally.

The Directors of Land Use and Development and Central Area Planning
recommended approval of the application.

Staff Opening Comments

Larry Beasley, Director of Central Area Planning, explained this
application proposed adjustments to the Downtown Official Development
Plan and the Downtown South Guidelines which became evident following a
review of development applications processed and developments built
since the community plan was approved. The changes to the DODP

cont'd....

Clause No. 3 (cont'd)

would permit live/work uses in the low-rise portion of developments;
give the Development Permit Board discretion to relax the height limit
of 70 feet on small sites to accommodate increased density for low-cost
and social housing; and add a section to emphasize the importance of the
public realm in the Downtown.

The development community and staff have come to a conclusion about
the issue of massing and the proposed changes to the Downtown South
Guidelines deal with the issues of building bulk generated by double
height or loft units which staff believe compromise overall livability.
The changes also address the issues of shadowing, safety and security
and provide future developments with more clarity and precision while
still allowing considerable design and site planning flexibility. An
additional amendment to the Guidelines being recommended for Council's
consideration would provide a 10-foot average floor-to-floor height or a
12-foot average floor-to-floor height when determining the maximum
height of developments. Mr. Beasley noted the urban designers favour
the 10-foot average restriction while area planners prefer the 12-foot
average.

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,

A. THAT the application be approved as set out in this minute of
Public Hearing. B. THAT the existing "Downtown South Guidelines (excluding
Granville Street)" be amended by Council to incorporate the
changes noted in Appendix B of the Policy Report dated October
25, 1996.

C. THAT the Downtown South Guidelines (excluding Granville
Street) be further amended to incorporate the changes noted in
Appendix C of the Policy Report dated October 25, 1996,
calling for an average floor-to-floor height in residential
developments not exceeding 10 ft.

- CARRIED UNANIMOUSLY
4. Rezoning: 1410 Granville Street (Dance Centre)

An application by Architectura Waisman Dewar Grout Carter Inc., in
association with Arthur Erickson, was considered as follows:

Summary: The proposed rezoning from BCPED (FCN) B.C. Place/Expo
(False Creek North) to CD-1 Comprehensive Development District
would permit development of a two-storey centre for the principal
dance companies of Vancouver. The centre would include six
rehearsal studios, administration, support facilities, a coffee
shop, and a retail unit. Occasional public performances are
proposed.

The Director of Central Area Planning recommended approval of the
application, subject to the following conditions as proposed for
adoption by resolution of Council:

FORM OF DEVELOPMENT

(a) THAT the proposed form of development be approved by Council in
principle, generally as prepared by Architectura Waisman Dewar
Grout Carter Inc. in association with Arthur Erickson and stamped
Received, City of Vancouver Planning Department, August 16, 1996 ,
providing that the Development Permit Board may allow alterations
to this form of development when approving the detailed scheme of
development as outlined in (b) and (c) below;

DEVELOPMENT APPLICATIONS

(b) THAT, prior to the final approval by Council of the form of
development, the applicant shall obtain approval of a development
application by the Director of Planning who shall have particular
regard to the following:

(Planning)

(i) provision for a fully detailed landscape plan.

(Crime Prevention Through Environmental Design ([CPTED])

(ii) design development to improve surveillance of the surrounding
streets and reduce opportunities for graffiti on blank exposed
walls by encouraging increased window area and articulated
surfaces carried down to the sidewalk level.

cont'd....

Clause No. 4 (cont'd)

(Engineering)

(iii) provision of a minimum of 1 parking stall per 100 m2
gross floor area, except that a minimum of 32 parking
stalls must be provided to the satisfaction of the City
Engineer;

(iv) dedication as road, a 3.0 m wide strip along the north side of
lot 2, and dedication of the portions of lot 4 north of the
continuation of this line into lot 4;

(v) dedication as road lot 1 and lot 3 to the satisfaction of the
City Engineer;

(vi) form of development not to encroach onto the sewer ROW at the
northwest corner of the site, except for non-structural
overhead architectural elements to the satisfaction of the
City Engineer;

(vii) provision of on-site garbage and recycling facilities to
the satisfaction of the City Engineer;

(viii) design development to make allowance for the future stair
link to the Granville Bridge, the location to be
determined by the City Engineer;

(ix) the stairs on Lot 3 (below the Seymour Street off-ramp) are to
be deleted;

(x) entry stairs adjacent Granville Street are not to encroach
over the property line;

(xi) the private lane on Lot 3 is to be configured with two-way
traffic, with the north end to meet Pacific Street at 75
degrees;

(xii) provision of street trees and concrete sidewalks around
the perimeter of the site to the satisfaction of the City
Engineer; and

(xiii) all new utility services are to be underground within the
site from the closest suitable point at the applicant s
expense.

AGREEMENTS

cont'd....

Clause No. 4 (cont'd)

(i) execute a Bridge Nuisance covenant, satisfactory to the City
Engineer and the Director of Legal Services, to ensure that
the City is not responsible for any noise, falling objects or
other disturbances associated with the proximity of the
building to the bridge;

(ii) the applicant will cause lot 1 and 3 to be established as
street. Arrangements to be made to the satisfaction of the
City Engineer and Director of Legal Services to close, stop
up, and lease back lot 1 and lot 3 to the Dance Centre;

(iii) execute an agreement satisfactory to the City Engineer,
Director of Legal Services, Manager of Real Estate
Services, to provide for vehicular manoeuvring area on
lot 4, adjacent to lot 3, concurrently with a development
of the rezoned lands; and

(iv) execute an agreement satisfactory to the City Engineer and the
Director of Legal Services to provide for the upgrading of the
sidewalks adjacent to the site concurrent with any
development;

Where the Director of Legal Services deems appropriate, the preceding
agreements are to be drawn, not only as personal covenants of the
property owner, but also as Covenants pursuant to Section 215 of the
Land Title Act.

The preceding agreements are to be registered in the appropriate Land
Title Office, with priority over such other liens, charges and
encumbrances affecting the subject site as is considered advisable by
the Director of Legal Services, and otherwise to the satisfaction of the
Director of Legal Services prior to enactment of the by-law; provided
however the Director of Legal Services may, in her sole discretion and
on terms she considers advisable, accept tendering of the preceding
agreements for registration in the appropriate Land Title Office, to the
satisfaction of the Director of Legal Services, prior to enactment of
the by-law.

The preceding agreements shall provide security to the City including
indemnities, warrantees, equitable charges, letters of credit and
withholding of permits, as deemed necessary by and in a form
satisfactory to the Director of Legal Services.

Staff Opening Comments

Jonathan Barrett, Planner, reviewed the application explaining the
proposed rezoning would permit construction of a dance centre offering
collective rehearsal and administrative space for Vancouver's dance
companies. Occasional public performances were also

cont'd....

Clause No. 4 (cont'd)

proposed. Staff was recommending approval of the application as the
location provides good access to the site which is at a major crossroads
in the downtown peninsula (Granville Street and Pacific Street); the
site has both a major street frontage on Pacific Street and lower
Granville Street as well as high visibility from the Granville Bridge;
and the proposed use complements the adjacent land use included in the
Granville Slopes Neighbourhood Concept Plan.

Mr. Barrett provided further information on two issues related to
the application. First, the disposition of City-owned land to the east
of the proposed CD-1 site (lot 4), which the Dance Foundation was
proposing to use as open space in the short term and for future building
expansion in the long term. Staff do not believe that this lot is
necessary to ensure the success of the Dance Centre and in view of other
conceptual plans for the neighbourhood, did not support the request that
Lot 4 be leased to the Dance Centre.

Secondly, the City Engineer had required the stairs on Lot 3 (below
the Seymour Street off-ramp) to be deleted from the design as this area
is considered critical to the on-going maintenance of the off-ramp. A
memo dated April 24, 1997 from Mr. Barrett (on file) was circulated to
Council indicating that as the applicant considers this requirement to
be detrimental on the internal design of the proposed building, staff
have reconsidered the condition and reached agreement with the applicant
that a new replacement condition be recommended to Council as follows:

"(ix) the applicant will enter into an agreement to the
satisfaction of the City Engineer and Director of Legal
Services to permit the encroachment of the main entry
stairs within the bridge ramp maintenance area;"

In response to a question, Mr. Barrett agreed that staff will
explore the possibility of the Dance Centre obtaining a Pacific Street
address due to the obscurity of the 1400 Block Granville Street.

Applicant Opening Comments

The applicants did not offer any additional comments.

Summary of Correspondence

A review of the correspondence indicated one letter in support of
the application.

cont'd....

Clause No. 4 (cont'd)

Speakers

Mayor Owen called for speakers for and against the application and
none were present.

Council Discussion

MOVED by Cllr. Bellamy,
THAT the application be approved, subject to the conditions as set
out in this minute of the Public Hearing, with the exception of Clause
(b)(ix) which is amended to:

- CARRIED UNANIMOUSLY

5. Area Rezoning: 8400 - 8500 Blocks Adera Street (Both Sides)
and 8418 - 8428 East Boulevard

An application by the Director of Land Use and Development was
considered as follows:

Summary: The proposed rezoning from RS-1 to RS-6 would permit
development under this district schedule. RS-6 provides standards
for selected design elements and landscaping.

The application was initiated by Council in association with a
privately-initiated application to amend the Subdivision By-law to
change the subject properties from Subdivision Category "C" to
Category "A". That application was approved on November 28, 1996,
with the understanding that enactment of the by-law to reclassify
the properties would be withheld until after the Public Hearing on
the pending rezoning application.

The Director of Land Use and Development recommended approval of
the application.

cont'd....

Clause No. 5 (cont'd)

Staff Opening Comments

Robert McGilvray, Planner, reviewed the circumstances leading to
this rezoning application which arose when Council approved an
application to reclassify the properties on the east side of the 8400 -
8500 Blocks Adera Street from Category"'C" to Category "A". Staff
believe the RS-6 zoning will result in new houses being designed with a
higher degree of care than under RS-1 zoning and generally lessen
flooding potential, given the impermeability provisions of the zoning.

A public information initiative and survey provided mixed results,
with property owners on the east side of Adera Street and 8418 - 8428
East Boulevard being clearly in support of the subdivision/rezoning
application while most of the property owners on the west side of Adera
street objected to both initiatives. In view of the mixed results,
staff was forwarding the application for Council's consideration.
However, Mr. McGilvray pointed out that a recent letter received from a
property owner on the west side of Adera Street, and previously
circulated to Council, included signatures from a majority of property
owners on the west side who are now in favour of the rezoning as they
have been given a clearer understanding of the RS-6 zoning implications.
It was also pointed out the RS-1 lots to the north of the subject site
may also seek rezoning the future.

Summary of Correspondence

A review of the correspondence indicated one letter and petition
containing seven names in support of the application.

Speakers

Mayor Owen called for speakers for and against the application.
There were three speakers in favour of the application and one speaker
opposed.

Hardwin Von Hahn, area resident, expressed his support of the
rezoning application to RS-6. He provided Council with a letter dated
April 19, 1997 (on file City Clerk's Office) containing signatures of
nine residents of the subject area who also expressed support for the
application.

cont'd....

Clause No. 5 (cont'd)

Ann Lunghamer, area resident, explained she was not opposed to
development in the neighbourhood, but if houses are to be demolished and
more landfill created, she would prefer development of a seniors home or
multi-family housing rather than single family housing. She was
concerned that staff has never offered a choice beyond rezoning to RS-6
and a poll of her neighbours indicated they were surprised that another
option exists. An aging and growing population creates land use
challenges and people should be able to stay in their own
neighbourhoods. The problem needs to be addressed now. People do not
feel this kind of development is wrong for the neighbourhood, but is too
difficult a process to endure. She urged Council to defer the
application and look at development of multi-family housing.

John Friesen, area resident, indicated his support for the
application and provided an updated petition of property owners on the west side indicating that 70% are now in support. He also referred to a
letter dated March 13, 1997 from Mr. McGilvray which explained that upon
rezoning of this block to RS-6, any future rezoning proposals for higher
density development for residential or other uses could still be
considered.

Larry Meyer, area resident, advised Council of his support for
rezoning both sides of Adera Street, believing it will help control
housing design problems associated with RS-1 zoning.

Council Discussion

Council members received clarification from staff that other
applications for higher density development can indeed be considered in
the future, and pointed out that multi-family housing is supported by
Council, however there are many issues involved that affect residents
within a one mile radius of the subject site. If multi-family housing
is desired, proponents should closely follow the events related to other
such developments before considering this option.

MOVED by Cllr. Clarke,
THAT the application be approved.

- CARRIED UNANIMOUSLY

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. 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 9:05 p.m.