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.