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.