CITY OF VANCOUVER SPECIAL COUNCIL MEETING MINUTES MAY 7, 1997 A Special Meeting of the Council of the City of Vancouver was held on Wednesday, May 7, 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 Lynne Kennedy Councillor Daniel Lee Councillor Don Lee Councillor Sam Sullivan ABSENT: Councillor Gordon Price (Sick Leave) Councillor George Puil (Civic Business) CLERK TO THE COUNCIL: Gary MacIsaac COMMITTEE OF THE WHOLE MOVED by Cllr. Bellamy, SECONDED by Cllr. Chiavario, 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. CD-1 Text Amendment: 505-595 West Pender Street An application by Malcolm Elliot, Architectura, was considered as follows: Summary: The proposed text amendment would add Service Uses to the list of uses already permitted on the site, consistent with permitted uses in the surrounding zoning districts. No additional floor space is planned. The Director of Land Use and Development recommended approval. Staff Comments Staff offered no additional comments regarding this application. Applicant Comments The applicant offered no additional comments regarding this application. Summary of Correspondence There was no correspondence received regarding this application. Speakers Mayor Owen called for speakers for and against the application, and none were present. MOVED by Cllr. Bellamy, THAT the application, as set out in this minute of the Public Hearing, be approved. - CARRIED UNANIMOUSLY (Councillor Sullivan absent for the vote) 2. Text Amendment: Section 3.2.1 - School Facilities An application by the Director of Land Use and Development was considered as follows: Summary: The proposed amendment would amend the Zoning and Development By-law to provide discretion to the Director of Planning in considering development applications for the placement of portable classrooms or new elementary or secondary school buildings. The Director of Land Use and Development recommended approval. Staff Comments Larry Beasley, Director of Central Area Planning, advised staff had no additional comments, other than to remind Council the zoning amendments arising from this application will respond to concerns raised by the School Board at an earlier meeting with Council. Summary of Correspondence There was no correspondence received regarding this application. Speakers Mayor Owen called for speakers for and against the application, and none were present. MOVED by Cllr. Chiavario, THAT the application, as set out in this minute of the Public Hearing, be approved; FURTHER THAT the Mayor write to the Chair and members of the School Board advising of Council s actions in this regard. - CARRIED UNANIMOUSLY 3. Rezoning: 1762 Davie Street An application by Baker McGarva Hart Architects Inc., was considered as follows: Summary: The proposed rezoning from C-5 Commercial District to CD-1 Comprehensive Development District would permit an increase in floor space ratio from 2.2 to 3.4 for a mixed-use development having one storey of commercial uses at grade, six stories of dwelling use above and parking below grade. Density is proposed to be transferred from a heritage donor site (see Clause 6 - Text Amendment: 750 Burrard Street). The Director of Land Use and Development recommended approval, subject to the following conditions as proposed for adoption by resolution of Council: 1. THAT the proposed form of development be approved by Council in principle, in revised plans generally as prepared by Baker McGarva Hart Architects Inc. and stamped Received City Planning Department, February 24, 1997", 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 (2) below. 2. 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) further design development to improve the character and livability of proposed development, including: a) redesign at south-west corner of seventh storey to bring development within the maximum building height allowed, b) more prominent treatment of the residential entrance, c) providing flexibility for greater pedestrian interest at grade by locating the entrance and services of the grade-level commercial floor space in such a way that it can accommodate two occupancies and not just one, and d) consideration of improved treatment of the commercial space, such as opening the exposed sides of the building for a pavilion-like effect, (ii) design development according to principles of crime prevention through environmental design, to reduce opportunities for theft from auto, bicycle theft, break and enter, and mischief such as graffiti and skateboarding; and (iii) the advice of the Urban Design Panel on a detailed scheme of development. 3. THAT, prior to enactment of the CD-1 By-law, and at no cost to the City, the registered owner shall: (i) make arrangements to the satisfaction of the General Manager of Engineering Services for consolidation of the site; (ii) make arrangements to the satisfaction of the General Manager of Engineering Services for all electrical and telephone services to be undergrounded within and adjacent the site from the closest existing suitable service point; (iii) make arrangements to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services for notification of prospective purchasers about the use of the Davie Street frontage as a B.C. Transit bus terminus; and (iv) execute a legal agreement, to the satisfaction of the Director of Legal Services, to not discriminate against families with children in the sale of dwelling units. Staff Opening Comments Phil Mondor, Planner introduced the application, noting this site has languished for a long time without a major tenant wishing to stay for more than a few months. Also, there has been little interest from the development community to develop this site within the existing C-5 zoning. This is a difficult site in that there is little retail activity surrounding it, little pedestrian activity in the area, and a bus terminus is located immediately in front of it. The site is small and the owners felt a need for additional density to allow development on the site to succeed. This application proposes to purchase heritage density which will be transferred from a donor site. Mr. Mondor advised staff support this application and have concluded there will be minimal impacts from the form of development, relative to what could be permitted under the existing C-5 zoning, and relative to the benefits that will be obtained, such as the preservation of a heritage building and the facilitation of development on a mixed-use site. The application before Council has received considerable comment as well as advice from the Urban Design Panel. This application is a significant decrease from what was originally contemplated. Mr. Mondor concluded that there will be some negative impacts relating to shadowing and traffic and parking, but believe that the proposed transfer of 10,375 square feet to this site can be accommodated with very little impact, and the benefits make this a worthwhile thing to do, and staff recommend approval. Applicant Comments Graham McGarva, Architect, advised this project is seeking to achieve community repair. There has been a productive process with the community and the impacts on the immediate neighbours have been addressed. Responding to a question from a member of Council concerning the siting of the entrances, Mr. McGarva advised there is no disagreement about the importance of the entrances and the use of the commercial at grade with the bus terminus in front and with the residences above. There is a condition of approval before Council requiring further design development. Summary of Correspondence The following correspondence was received: - one letter opposing the application; - one letter from the applicant providing results of an open house meeting. Speakers A resident from the 1200 Block Cardero Street urged Council not to approve this application because it will block the views down the lane which are presently experienced by owners in her building. This rezoning will be precedent setting and will force the neighbours to pay for the losses incurred by the owners of 1762 Davie Street. If approval is given, than the building should be set back 30 feet from the back of the lane. Staff Closing Comments Responding to issues raised by the delegation, Mr. Mondor concurred the view of the beach experienced by some residents in this building will be lost, but noted that similar view loss would result if this site was developed under existing zoning. Council Discussion While generally supportive of the application, Council members raised questions about the siting of the entrances, as well as the rather flat appearance of the proposed development. MOVED by Cllr. Kennedy, THAT the application be approved, subject to conditions as set out in this minute of the Public Hearing. - CARRIED UNANIMOUSLY 4. Text Amendment: 2750 Granville Street (Relating to 1001 Hornby Street) An application by the Director of Land Use and Development was considered as follows: Summary: The proposed text amendment would reduce the "banked" heritage density by 4087.6 m2 (44,000 sq. ft.) to allow for a density transfer to the Wall Centre development site at 1001 Hornby Street. Maximum floor space ratio would be reduced from 4.53 to 1.81, thus depleting the heritage density available for transfer from this site. Approval of this text amendment is a condition of development permit issuance (DE 401256) for the Wall Centre project, and was referred to Public Hearing without a resolution of Council. The Director of Land Use and Development recommended approval. Staff Comments Staff offered no additional comments regarding this application. Summary of Correspondence There was no correspondence received regarding this application. Speakers Mayor Owen called for speakers for and against the application, and none were present. MOVED by Cllr. Kennedy, THAT the application, as set out in this minute of the Public Hearing, be approved. - CARRIED UNANIMOUSLY 5. Text Amendment: 750 Burrard Street (Relating to 1001 Hornby Street) An application by the Director of Land Use and Development was considered as follows: Summary: The proposed text amendment would reduce the "banked" heritage density by 573 m2 (6,170 sq. ft.) To allow for a density transfer to the Wall Centre development site at 1001 Hornby Street. Maximum floor space ratio would be reduced from 13.17 to 12.93, leaving 9216.23 m2 (99,205.9 sq. ft.) available for further transfers. Approval of this text amendment is a condition of development permit issuance (CD 401256) for the Wall Centre project, and was referred to Public Hearing without a resolution of Council. The Director of Land Use and Development recommended approval. Staff Comments Phil Mondor, Planner, advised that the summary of the application before Council contained an error, and requested that the figure of 99,205.9 square feet (9,216.23 square metres), which reflects the balance transferable density should be amended to read 188,830 square feet (17,542.3 square metres). Correspondence There was no correspondence received relating to this application. Speakers Mayor Owen called for speakers for and against the application, and none were present. MOVED by Cllr. Clarke, THAT the application, as set out in this minute of the Public Hearing, be approved. - CARRIED UNANIMOUSLY 6. Text Amendment: 750 Burrard Street (Relating to 1762 Davie Street) An application by the Director of Land Use and Development was considered as follows: Summary: The proposed text amendment would reduce the "banked" heritage density by 964 m2 (10,375 sq. ft.) to allow for a density transfer to the rezoning site at 1762 Davie Street. Maximum floor space ratio would be reduced from 13.17 to 12.76, leaving 8825.58 m2 (95,000.9 sq. ft.) available for further transfers. (Note: Should agenda item #5 and this item both be approved, the maximum floor space ratio would be reduced from 13.17 to 12.52, leaving 8 252.39 m2 (88,830.9 sq. ft.) available for further transfers.) The Director of Land Use and Development recommended approval. Staff Comments Phil Mondor, Planner advised that the summary of the application before Council contained an error, and requested that the balance of transferable density should read 184,625 square feet (17, 151.7 square metres), rather than 95,000.9 square feet (8,825.58 square metres). Also, the summary referred to the balance of transferable density remaining if agenda item #5 were approved and this number should read 178,455 square feet (8,252.39 square metres), rather than 88,830.9 square feet (8,252.39 square metres). Summary of Correspondence There was no correspondence received regarding this application. Speakers Mayor Owen called for speakers for and against the application, and none were present. MOVED by Cllr. Herbert, THAT the application, as set out in this minute of the Public Hearing, 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 8:20 p.m.