CITY OF VANCOUVER SPECIAL COUNCIL MEETING MINUTES (PART REPORT) JULY 8, 1997 A Special Meeting of the Council of the City of Vancouver was reconvened on Tuesday, July 8, 1997, at 7:30 p.m., in the Council Chamber, Third Floor, City Hall, for the purpose of continuing a Public Hearing to consider proposed amendments to the Zoning and Development By-law. This Public Hearing originally commenced on May 29, 1997, reconvened on June 3, 1997, and concluded on July 8, 1997. PRESENT: Mayor Philip Owen Councillor Don Bellamy Councillor Nancy A. Chiavario Councillor Alan Herbert Councillor Daniel Lee Councillor Don Lee Councillor Gordon Price Councillor Sam Sullivan ABSENT: Councillor Jennifer Clarke (Sick Leave) Councillor Lynne Kennedy (Sick Leave) Councillor George Puil CLERK TO THE COUNCIL: Nancy Largent COMMITTEE OF THE WHOLE MOVED by Cllr. Bellamy, 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 2. (a) Text Amendment: RS-5 District Schedule An application by the Director of Land Use and Development was considered as follows: RS-5 District Schedule Summary: The proposed amendment would add RS-5S to the RS-5 District Schedule. The Director of Community Planning recommended approval of the application, subject to the following condition 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 "RS-1S and RS-5S Strata Title Guidelines" to be amended by resolution of Council to reference the RS-5S District Schedule. Staff Comments Bob McGilvray, Planner, briefly reviewed the application, noting the intent is to add provisions for secondary suites to the RS-5 guideline, to be applied to those areas where suites are permitted. Mr. McGilvray also drew Council's attention to a memorandum dated June 25, 1997 (on file) setting out the aforementioned condition with respect to strata titles. This amendment would ensure no strata titling of new or existing buildings, continuing an existing restriction. Summary of Correspondence Council received no correspondence on this item. Speakers Mayor Owen called for speakers for and against the application, and one speaker came forward. Ronald Bain, 3500 Block West 22nd Avenue (brief filed), expressed a variety of concerns about the district schedule: it is complex and not well understood by the general public; guidelines are not all available in a single coherent document; impact may vary in different neighbourhoods; and there is no set date for review of this supposedly interim zoning. Mr. Bain recommended the City create a single, clear document setting out all requirements; review the RS-5 guidelines in the contexts of different neighbourhoods to ensure a good fit; establish an RS-5 mediation process using a panel of individuals from the community, without decision-making power, to mediate between City staff and applicants; and instruct the mediation panel to report back within two years of implementation. The Mayor ascertained that there were no further speakers on this item. Staff Closing Comments Responding to a query, Mr. McGilvray felt that a mediation process such as that proposed by Mr. Bain would need to be fleshed out and reviewed carefully, but is worth considering. Council Discussion Council noted the surveys indicate majority community support for this application. MOVED by Cllr. Chiavario, THAT the application by the Director of Land Use and Development to add RS-5S to the RS-5 District Schedule , as set out in this minute of Public Hearing, be approved subject to the following condition: THAT, if approved at Public Hearing, the by-law be accompanied at the time of enactment by: (i) the "RS-1S and RS-5S Strata Title Guidelines" to be amended by resolution of Council to reference the RS-5S District Schedule. - CARRIED UNANIMOUSLY MOVED by Cllr. Bellamy, THAT staff be requested to review and comment upon Mr. Ronald Bain's submission. - CARRIED UNANIMOUSLY 2. (b) Area Rezoning: Douglas Park RS-1S An application by the Director of Land Use and Development was considered as follows: Douglas Park RS-1S Summary: The proposed rezoning of the Douglas Park RS-1S area to RS-5S would encourage the design of new development to be compatible with nearby development. The Director of Community Planning recommended approval. Staff Comments Bob McGilvray, Planner, briefly reviewed the application, noting that Douglas Park is a community which has been asking for increased design control for some time. Mr. McGilvray also reviewed statistics indicating majority area support for the proposed rezoning to RS-5S. Summary of Correspondence Council received three letters opposed and four letters in favour of this application. Speakers Mayor Owen called for speakers for and against the application and three speakers came forward. The following speakers supported the application: Rosemary Schipizky, 600 Block West 21st Avenue Rodrick MacDonald, 600 Block West 22nd Avenue Deborah Huffaker, 3800 Block Laurel Street. The foregoing supported the application on one or more of the following grounds: there have been too many homes bulldozed and replaced by "cookie cutter", poorly constructed houses in the neighbourhood, and the elimination of even some of these would be a benefit to the community; the neighbourhood is quite diverse, so there will be many design options available even while compatibility and a humanizing scale of development are ensured; an interim solution is badly needed to address problems which have arisen under the existing zoning; there are few high-class architect-built homes in this neighbourhood, and conformity is less a concern to area residents than unneighbourly development; Mr. MacDonald also read a letter from builder Ray Mate and family in support of the proposed rezoning. The Mayor ascertained there were no further speakers on this item. Staff Closing Comments There were no staff closing comments. Council Discussion Noting there was only one by-law before Council should it wish to approve the proposed rezoning of the Douglas Park and Dunbar RS-1S areas, Council agreed to hear speakers on the Dunbar RS-1S area rezoning [Item 2 (c) refers] before making a decision on Douglas Park. 2.(c) Area Rezoning: Dunbar RS-1S An application by the Director of Land Use and Development was considered as follows: Dunbar RS-1S Summary: The proposed rezoning of the Dunbar RS-1S area to RS-5S would encourage the design of new development to be compatible with nearby development. The Director of Community Planning recommended approval. Staff Comments Bob McGilvray, Planner, briefly reviewed the rezoning process, noting that the area east of Collingwood was removed from the proposal because of an issue about views. The proposed rezoning to RS-5S was supported by a clear majority of residents to the west of Collingwood. Summary of Correspondence Council received two letters opposed to this application. Speakers Mayor Owen called for speakers for and against the application and two speakers came forward. Ronald Bain, 3500 Block West 22nd Avenue, requested Council to visit Dunbar and look at the existing housing before approving any such rezoning. Shapes, sizes, widths and orientation are all different. Mr. Bain envisioned a future where homeowners would be frustrated by the guidelines' encouragement of emulation, which may prevent new designs appropriate to new concerns. Mr. Bain also believed the neighbourhood misunderstands what RS-5 zoning will achieve. Neighbours care more about the size of houses, overlooking and overshadowing, and landscaping than the contextual aspects of the streetscape. Few are aware that RS-5 permits greater intrusion into the rear yard. Future housing costs are also a concern due to more involved application processes. To prevent possible confusion, Mr. Bain asked Council to await the outcome of the CityPlan process in Dunbar in about six months time, or if Council feels it must be approved at this time, to await the outcome before enactment. Brian Palmquist, 3800 Block West 19th Avenue, supported the proposed rezoning. RS-1 has been a strait-jacket for developers over the last decade, whereas RS-5 offers a more discretionary and more neighbourly approach from which architects will benefit as well as neighbours. Because RS-5 offers more flexibility, it will likely lead to less renovations being carried out without permits. While very deep or very wide lots may lead to problems of expansion, most lots in the area are not so large, and planners have some discretion to deal with applications for larger homes. Architects who wish to avoid design control can do so by foregoing the density bonus offered in exchange for following the design review process. Staff Closing Comments Jacquie Forbes-Roberts, Director of Community Planning, explained that the visioning process is dealing with neighbourhood issues at a very conceptual level. It will be some time before tools are developed which will enable the City to respond to residents' concerns. Mr. McGilvray pointed out that rear yard problems can also arise under RS-1, especially where older houses sit close to the street. Some of these problems will be dealt with by the provision for front-yard averaging. Since RS-5 zoning was implemented in South Shaughnessy, none of the staff present have heard instances of such concern. Queried whether such rezonings have forced speculative builders into the remaining RS-1 neighbourhoods, Mr. McGilvray acknowledged there may be some validity to this concern. However, it difficult to assess. Similar concerns have been expressed in connection with other rezonings, and staff would like to have more data. Council Discussion It was pointed out that although there may be some question whether the City should be in the business of discretionary zoning, neighbours have asked for it in hopes of protecting their neighbourhoods. It was also pointed out that the zoning allows more freedom of design to those who are willing to forego the extra density available through the design review process. MOVED by Cllr. Bellamy , THAT the application by the Director of Land Use and Development to rezone the Douglas Park and Dunbar RS-1S areas to RS-5S, as set out in this minute of the Public Hearing, be approved. - CARRIED UNANIMOUSLY 3. (a) Area Rezoning: Dunbar RS-1 An application by the Director of Land Use and Development was considered as follows: Dunbar RS-1 Summary: The proposed rezoning of the Dunbar RS-1 area to RS-5 would encourage the design of new development to be compatible with nearby development. The Director of Community Planning recommended approval. Staff Comments Bob McGilvray, Planner, briefly reviewed survey statistics indicating that a majority of respondents supported the proposed rezoning of this Dunbar RS-1 area to RS-5. Summary of Correspondence Council received one letter containing 33 signatures opposed to this application, one letter opposed, and one letter in favour of this application. Council also received three letters and 146 form letters generally opposed to the RS-5 and RS-6 guidelines, and one letter expressing concerns about the RS-5 guidelines. Speakers Mayor Owen called for speakers for and against the application, and six speakers came forward. The following speakers opposed the application: Peter Sven, 4000 Block West 39th Avenue (brief filed) Ronald Bain, 3500 Block West 22nd Avenue Jon Ellis, Dunbar Residents Association (brief filed). The foregoing opposed the application based on one or more of the following grounds: the questionnaire was limited, and taking into account the margin of error referenced, there may actually have been a tie vote between those wishing to remain RS-1 and those preferring RS-5; the proposed RS-5 zoning allows a greater height envelope and deeper footprint than does RS-1, contrary to residents' desire to reduce the size of new houses, and height and footprint should be cut back to be no greater than that allowed in RS-1; the City should not be legislating what is or is not good or bad taste; the market will decide whether a house is well-designed at the time it is sold, and if not, the owner will pay the penalty of a lower selling price; RS-5 deals with streetscape and some design details, but does not deal with the area's real concerns such as building size; RS-5 offers no mechanism for controlling back yard detail, which may lead to overlooking and overshadowing; all owners will consider themselves entitled to the density bonus; the transfer of Shaughnessy zoning to Dunbar is inappropriate because there are many dissimilarities between the two neighbourhoods; the Dunbar Residents Association opposes the application and is not aware of any ground swell of support for RS-5; there is massive confusion about what RS-5 really means; many residents believe there will be a design panel or similar mechanism offering them an opportunity to have input into neighbourhood development; information provided by the Planning Department was very condensed and showed RS-5 in a good light, but did not talk about the implications to Dunbar; there was initial support for RS-5 only because the Planning Department asked overly simple questions and did not give people much time to make up their minds; concerned neighbourhoods have a good effect dealing directly with developers; Dunbar is currently going through the CityPlan neighbourhood visioning process, and the City should await the outcome of this process and get it right the first time rather than impose an interim zoning now and cause confusion later. The following speakers supported the application: Ross Clouston, Developer John Henshaw, Architect Charlie Richmond, 3000 Block West 24th Avenue. The foregoing speakers supported the application based on one or more of the following grounds: prominent architects have argued against RS-5 because of its design controls, but most new homes in Vancouver are not built by world class architects, but by speculative developers grinding out stock houses regardless of their lack of neighbourliness, so design controls are needed; RS-5 will offer developers an incentive to follow the design review process because it will allow them to build larger homes, but those homes will still fit better into the community; RS-5 is compatible with the intentions of many architects who are quietly doing business with their clients; this is an interim zoning, which will help to make new homes more neighbourly while work continues on improved solutions; the Dunbar Residents Association does not represent the views of all Dunbar residents, nor even the views of all of its members, and may not be hearing all sides of the issue; the public consultation process afforded ample opportunity for participation and input by interested residents. The Mayor ascertained that there were no further speakers on this item. Staff Closing Comments Mr. McGilvray responded to a variety of concerns raised by the speakers: the RS-5 envelope is larger to allow for more flexible use of allowable floor space, but not that much more floor space is allowed; some neighbourhoods have been willing to accept downsizing and less floor space to achieve their goals; RS-5 is more equitable and less punitive than, for example, RS-3; documentation has always been clear that there is no design panel included with RS-5; there will still be neighbourhood notification and neighbours will have the opportunity to comment on any conditional applications; RS-5 is applicable to a neighbourhood with a wide variety of housing types; RS-5 is not perfect, but represents a good overall balance, and enjoys strong community support. Jacquie Forbes-Roberts, Director of Community Planning, commented on the responses to the questionnaire and follow-up telephone survey, which indicated a high degree of awareness of issues in the neighbourhood and the planning process. Council Discussion Some members felt the application should not be approved because many residents appear to be confused about the proposed zoning, or concerned about problems which they believe RS-5 may not adequately address. It was questioned whether the democratic process was being properly carried out. However, the majority felt neighbourhood support for RS-5 has been clearly indicated., and it would be confusing to the neighbourhood not to proceed at this time. Not everyone will ever agree with any position, and indeed, RS-5 is not intended to be a permanent solution. It will take some time before the visioning is complete, and RS-5 will help to design many houses in a more neighbourly way than would RS-1. MOVED by Cllr. Daniel Lee, THAT the application be rejected. - LOST (Councillors Bellamy, Chiavario, Herbert, Price, Sullivan and the Mayor opposed) MOVED by Cllr. Bellamy, THAT the application by the Director of Land Use and Development to rezone the Dunbar RS-1 area to RS-5, as set out in this minute of the Public Hearing, be approved; AND FURTHER THAT the by-law be enacted with respect only to maps 12-18 being those maps referring to the Dunbar RS-1 area. - CARRIED (Councillors Daniel Lee and Don Lee opposed) 3. (b) Zoning of Southlands Elementary School, 5351 Camosun Street An application by the Director of Land Use and Development was considered as follows: Zoning of Southlands Elementary School, 5351 Camosun Street Summary: The proposed RS-5 zoning of the Southlands Elementary School site would encourage the design of new development to be compatible with nearby development. The site is presently not zoned. The Director of Community Planning recommended approval. Staff Comments Bob McGilvray, Planner, noted this application is intended to address an oversight of many years' standing. The Southlands Elementary School site has never been zoned, and this application would zone it to be the same as the surrounding neighbourhood, as has been done with other schools and parks. The Vancouver School Board has no objection to the application. Schools are always a conditional use In all RS schedules. However, should the School Board wish to sell the site or use it for another purpose, it should at least be compatible with surrounding properties. Summary of Correspondence Council received no correspondence specifically related to this application. However, three letters and 146 form letters generally opposed to the RS-5 and RS-6 guidelines, and one letter expressing concerns about the RS-5 guidelines, were received. Speakers Mayor Owen called for speakers for and against the application, but none came forward. Staff Closing Comments There were no staff closing comments. Council Discussion Council felt the proposed zoning was appropriate in accordance with the usual practice. MOVED by Cllr. Bellamy, THAT the application by the Director of Land Use and Development to zone the Southlands Elementary School site RS-5, as set out in this minute of the Public Hearing, be approved. - CARRIED UNANIMOUSLY 3.(c) Area Rezoning: West Point Grey RS-1 After Council's decision on May 29, 1997 to defer consideration of the West Point Grey area rezoning until July 23rd, the date was changed to July 28, 1997. The item was subsequently re-advertised, and will be minuted as a separate Public Hearing. RISE FROM COMMITTEE OF THE WHOLE MOVED by Cllr. Bellamy, 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. Chiavario, 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 10:05 p.m.