CITY OF VANCOUVER SPECIAL COUNCIL MEETING MINUTES (PART REPORT) MAY 29 and JUNE 3, 1997 A Special Meeting of the Council of the City of Vancouver was held on Thursday, May 29, 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. Subsequently, the meeting reconvened on June 3, 1997. PRESENT: Mayor Philip Owen Councillor Don Bellamy Councillor Jennifer Clarke Councillor Alan Herbert Councillor Lynne Kennedy Councillor Daniel Lee Councillor Don Lee Councillor Gordon Price ABSENT: Councillor Nancy A. Chiavario (Leave of Absence) Councillor George Puil (Leave of Absence) Councillor Sam Sullivan (Sick Leave) CLERK TO THE COUNCIL: Nancy Largent COMMITTEE OF THE WHOLE MOVED by Cllr. Bellamy, SECONDED by Cllr. Clarke, 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 Vary Order of Agenda Council noted a letter dated May 26, 1997 (on file) from the West Point Grey Residents' Association with respect to item 3(c), requesting a one month delay to permit the Association time to carry out a supplementary survey of those portions of the community which could be rezoned to RS-5. Council agreed to vary the order of agenda to deal with this deferral request first. * * * 3.(c) Area Rezoning: West Point Grey RS-1 MOVED by Cllr. Price THAT the Public Hearing on the application to rezone the West Point Grey RS-1 area to RS-5 be adjourned until Wednesday, July 23, 1997. - CARRIED UNANIMOUSLY Accordingly, the Mayor announced that Council would reconvene to consider item 3(c) at 7:30 p.m. on Wednesday, July 23, 1997, in the Council Chamber. * * * Items 1 (a) and 1 (b) were dealt with separately. * * * 1. (a) Area Rezoning: West Southlands RS-1, Sub-Area 1 An application by the Director of Land Use and Development was considered as follows: West Southlands RS-1, Sub-Area 1 Summary: The proposed rezoning of West Southlands RS-1, Sub-Area 1 from RS-1 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, commenced his remarks with a short history of the RS-1 and RS-1S area rezoning program intended to provide interim zoning for those neighbourhoods which will be participating in the CityPlan visioning process. Steps in the rezoning program, the available RS-6 and RS-5 options, and survey parameters were reviewed. Specifically with respect to West Southlands Sub-Area 1 (Northwest Southlands), Mr. McGilvray noted that 61% of survey respondents who wished to adopt new zoning preferred RS-5. Mr. McGilvray also noted Mr. Cliff Cheng, a Chinese interpreter, was present if required by any of the delegations. Summary of Correspondence Council received no correspondence specifically related to the proposed rezoning of West Southlands RS-1 Sub-Area 1. However, Council received 3 letters and 146 form letters generally opposed to the RS-5 and RS-6 guidelines, and 1 letter expressing a number of concerns about the RS-5 guidelines. Council enquired whether the 146 form letters came from within the application area. That information was not available. Speakers Mayor Owen called for speakers for and against the West Southlands Sub-area 1 application, and six speakers came forward: The following Southlands residents opposed the application: Mike McCarthy, 3700 block West 50th Pat Wilson, area resident June Binkert, 3700 block West 50th. The speakers opposed the application on one or more of the foregoing grounds: there are ground permeability problems in the area due to its sea-level location, and there is concern among residents that the larger houses permitted under RS-5 will exacerbate these problems; the 44% response rate to the City's initial survey was too low to base a considerable change upon; larger houses which would be permitted under the proposed new zoning (particularly taking into account the larger lot sizes in the area) should not be allowed; square footage should remain the same as permitted under RS-1, with height measured from street level (rather than the level of any fill on the lot); the small and cohesive community of West Southlands should not be split into two separate areas by different zonings, with Sub-Area 1 zoned RS-5 and Sub-Area 2 zoned RS-6; architecture is continually evolving, and the area should not be locked into a single look but permitted to evolve naturally; a deferral until October was requested to allow residents time to achieve a clear understanding of the guidelines and how they would impact their neighbourhood, and for people to be sure what they want for the area. The following speakers expressed concerns regarding the RS-5 guidelines: Arthur Erickson, Architect Kingsley Lo, Architect (letter and materials on file)) Peter Kwok, Architect (letter on file). The main points made by the foregoing speakers follow: contrary to the history and vitality of this city, the RS-5 guidelines will promote conformity and a cookie-cutter approach to design; many significant houses in the history of architecture originally met with extreme neighbourhood opposition, but are now recognized as landmarks of design; what is most important to the neighbours is not the houses, but the streets and landscaping; the RS-5 guidelines are very complex, confusing to the layman and stifling to architects' creativity, and will lead to bad design; although there is much opposition to large houses, they permit property owners to realize the full value of their property; large houses which are well-designed by architects fit well into their neighbourhoods, so excessive design regulation is not required to ensure a good fit; instead of more regulation, the City should simply require that houses be designed by professional architects, as requested by the Vancouver Property Owners' Association; under RS-5, any home-owner wishing a large house will be penalized by a restrictive design process; the guidelines will encourage planners to play it safe, and approve designs based on their similarity to adjacent houses, and not to allow more creative design; Planning Department policies are not spelled out in the guidelines, but should be published to ensure everyone is aware of all applicable rules. The Mayor ascertained that there were no further speakers who wished to be heard on this item. Staff Closing Comments Mr. McGilvray responded to various issues raised by the delegations: although RS-5 permits a slightly larger footprint than RS-1, the amount of impermeable area is limited to a total of 60%; RS-5 and RS-6 are the only zones which control permeability; the differences between RS-5 and RS-6 are not so great that it will appear the community is split down the middle; for a larger house, RS-5 requires a design review process; above-basement floor area will actually be smaller than under RS-1 unless the applicant goes through the design review process, which mitigates bulk; too many houses are not designed with sensitivity to their site, and neighbourhoods have asked for zoning which will bring about more neighbourhood-sensitive design; calculation of height is made from the property line; some cutting edge designs may be lost in the design review process, but staff believe there will still be a reasonable evolution of architectural styles over time; the guidelines attempt to strike a balance between many factors and conflicting desires, for example, architects' desire for creative freedom versus neighbourhoods' desire that new development should fit well into the neighbourhood; the City does not have the legal authority to require architect-built houses; the question of whether to publish Planning Department policies is being considered in the context of the development and building process review currently underway. Council Discussion Some members felt the application should be approved. The RS-1 review was undertaken because of numerous complaints from neighbourhoods which felt new development was too often unneighbourly and did not fit well into their communities. The RS-5 zoning applied for was chosen in consultation with the community, and survey results indicate support for the application in West Southlands Sub-Area 1. Other members were concerned about the application, noting the concerns expressed by area residents that the rezoning of West Southlands as two separate sub-areas would divide their small and cohesive community. Some speakers' concerns about loss of creativity were also shared. It was felt a deferral was in order to consider this matter further. MOVED by Cllr. Kennedy, THAT the application be deferred to permit time for further consideration. - LOST (Tie Vote) (Councillors Bellamy, Clarke, Price and the Mayor opposed) MOVED by Cllr. Clarke, THAT the application by the Director of Land Use and Development to rezone West Southlands Sub-Area 1 from RS-1 to RS-5, as set out in this minute of the Public Hearing, be approved. - LOST (Tie Vote) (Councillors Herbert, Kennedy, Daniel Lee and Don Lee opposed) Due to time constraints, the Special Council adjourned at 10:20 p.m. Mayor Owen announced the Public Hearing would be reconvened on June 3, 1997. * * * The Special Council reconvened at 7:30 p.m.on Tuesday, June 3, 1997, in the Council Chamber, with the following members present: PRESENT: Mayor Philip Owen Councillor Don Bellamy Councillor Nancy A. Chiavario Councillor Alan Herbert Councillor Lynne Kennedy Councillor Daniel Lee Councillor Don Lee Councillor Gordon Price Councillor Sam Sullivan ABSENT: Councillor Jennifer Clarke (Leave of Absence Councillor George Puil (Leave of Absence) * * * 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. Kennedy, THAT the report of the Committee of the Whole be adopted. - CARRIED UNANIMOUSLY 1. (a) Area Rezoning: West Southlands RS-1, Sub-Area 1 (Cont'd) MOVED by Cllr. Kennedy, THAT the application by the Director of Land Use and Development to rezone West Southlands Sub-Area 1 from RS-1 to RS-5, as set out in this minute of the Public Hearing, be approved; and should staff bring forward for Council approval a modified or simplified zoning, in advance of the CityPlan Process for this area, that this area be reviewed. - CARRIED UNANIMOUSLY (Councillors Chiavario and Sullivan were excused from voting) COMMITTEE OF THE WHOLE MOVED by Cllr. Bellamy, SECONDED by Cllr. Kennedy, 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. (b) Area Rezoning: West Southlands RS-1, Sub-Area 2 An application by the Director of Land Use and Development was considered as follows: West Southlands RS-1, Sub-Area 2 Summary: The proposed rezoning of West Southlands RS-1, Sub-Area 2 from RS-1 to RS-6 would establish a minimum standard of design quality for new development. Staff Comments Bob McGilvray, Planner, presented a slide show on the history of RS-5 and RS-6 zoning and the review thereof, with attention to various design features, impermeability requirements, building heights, landscaping and design control. The Planning Department's experiences with previous rezonings of this nature were discussed. Mr. McGilvray also reviewed the consultation process and noted that 56% of survey respondents in Sub-Area 2 who wished to adopt new zoning preferred RS-6. Summary of Correspondence Council received five letters in favour of RS-6, one letter in favour of RS-6 with some changes, five individual letters opposed, five similar letters opposed, and sixty similar letters opposed. Council also received 3 letters and 146 form letters generally opposed to the RS-5 and RS-6 guidelines. Responding to a query raised by Council on the evening of May 29th, Mr. McGilvray advised staff have now reviewed the 146 form letters generally opposed to RS-5 and RS-6 guidelines. Only eight came from addresses within the current study area, thirteen were duplicates or triplicates, seven bore addresses which could not be verified, and twenty-four came from non-RS-zoned areas. Speakers Mayor Owen called for speakers for and against the application, and sixteen speakers came forward. * * * June Binkert, Southlands resident, queried how a motion which was lost could be raised again [in reference to item 1 (a)]. It was clarified that during consideration of this application on May 29th, two motions were put and both were lost. Therefore, no action had yet been taken on this application, and Council members were at liberty to move further motions. * * * The following speakers opposed the application based on neighbourhood concerns: Joan Holme, 6300 block Alma Street Beverley Green, 3500 block West 49th Mary Meredith, Southlands resident Wendy Turner, former Southlands resident Mike McCarthy, 3700 block West 50th. The foregoing speakers opposed the application on one or more of the following grounds: the small community of West Southlands should not be split down the middle by being rezoned into two different sub-areas with different zoning; it would be preferable to retain RS-1 until the neighbourhood is able to proceed with CityPlan and arrive at a definitive solution; across the entire West Southlands RS-1 area, there were more people in favour of retaining RS-1 than either option of RS-5 or RS-6, and this should have been offered as an option in the final survey; the survey phrasing was slanted, and not enough information was provided; the proposed zoning will not prevent monster houses because it permits greater fsr. The following speakers opposed the application based on concerns about design guidelines: Bryce Rositch, Architectural Institute of BC Kingsley Lo. Architect (materials filed) Peter Kwok, Architect (Mr. Kwok withdrew his opposition on being advised the proposed zoning was RS-6 rather than RS-5). The foregoing speakers opposed the application on one or more of the following grounds: although greater neighbourliness and improved design are worthy objectives, they should be achieved by means which do not increase regulations at greater expense to the City and to applicants; more regulations and increased discretionary powers for the City will lead to planners, rather than architects, doing the designing, resulting in homogenization of the street scape and loss of design integrity; over-regulation is incompatible with democracy, and may stifle efforts to incorporate cultural values into residential designs; residents' interest is not in regulatory details, but in properly designed buildings; if the City is unable to require that buildings be designed by architects, it should at least exempt architects' designs from these regulations, then attempt to change the law to permit such a requirement; the speakers conceded that RS-6 is at least an improvement over RS-5. Mr. Rositch offered the Institute's assistance to work out a solution to over-regulatory guidelines. Hal Kalman, Vancouver Heritage Commission, expressed concern that the RS-5 and RS-6 guidelines are intended to preserve neighbourhood character, rather than heritage buildings, and are likely to result in more demolitions of heritage houses which will be replaced by second-generation copies. The Commission would prefer to see a balance, with more emphasis on the retention of existing heritage buildings which created a neighbourhood's character in the first place. Mr. Kalman expressed the Commission's desire to work with City staff to this end. To a query how this might be achieved, Mr. Kalman suggested infill is often a good compromise. Use of the Heritage Inventory was also discussed. The following speakers supported the application: Ken Teskey, area property owner Bill Jones, 3600 block West 49th (petition filed) Tom Lutzke, 3600 block West 40th Doug Wark, 3700 block West 50th Rob McKay, 3500 block West 48th. The foregoing speakers supported the application on one or more of the following grounds: the RS-6 requirements are reasonable and superior to RS-1, and will lead to long-term benefits such as a more cohesive and neighbourhood-compatible street scape; the present RS-1 zoning will not prevent development which doesn't fit into the neighbourhood; a variety of design benefits were cited; the survey carried out by the City indicated clear majority support for RS-6; this was voted for by residents and should, therefore, be approved; a survey carried out door-to-door in Sub-Area 2 by interested area residents found that over 85% of those contacted supported the proposed rezoning; the different results in Sub-Area 1 and Sub-Area 2 probably occurred because the majority of Sub-Area 1 homes are not located in the flood plain, whereas the majority of Sub-Area 2 homes are located in the flood plain; the proposed new regulations will benefit the neighbourhood rather than the developers. Bill Higgins, 6300 block Durbar, expressed concern that the choice between RS-5 and RS-6 appears to be a choice between two evils, but understood the need to take some action as an interim measure. Mr. Higgins hoped that a satisfactory solution covering the entire West Southlands neighbourhood will be reached through the CityPlan process. The Mayor ascertained there were no further speakers to be heard on this item. Staff Closing Comments Mr. McGilvray responded to various issues raised by the delegations: many of the concerns cited by the architects apply to RS-5 rather than the RS-6 zoning proposed in this application; the RS-6 guidelines are relatively simple compared to RS-5, and do not reference adjacent buildings; while many buildings complained about as unneighbourly were built from stock plans, there are also many complaints about architect-designed buildings; the Law Department has advised it is not possible to exempt architect-designed buildings, and even if it were possible, Council would have to carefully consider whether it wished to make an exemption purely on grounds of professional standing; with respect to the issue of dividing the neighbourhood, staff do not expect any major disruption to the area: many neighbourhoods have more than one type of zoning, which has not made them any less cohesive; in addition, the division has been made largely in lanes with few facing houses affected; this rezoning and that approved for Sub-Area 1 should not affect the CityPlan process or close off the option of a single area zoning. Jacquie Forbes-Roberts, Director of Community Planning, responded to a query concerning the nominations process for the Heritage Inventory. Ms. Forbes-Roberts also commented on the incorporation of cultural values into design features. While the guidelines must be consistently interpreted, staff would certainly endeavour to work with applicants on matters important to their cultural values. Council Discussion Council noted concerns that increased regulation may not be philosophically desirable, but noted that no other workable mechanism to prevent unneighbourly development has yet been arrived at. Council acknowledged the offers of assistance from the Architectural Institute and Heritage Commission, and indicated they would be welcome to participate in any future discussion. However, at this juncture of the planning program, it would be inappropriate and unfair to the neighbourhoods involved to defer. The area residents have participated in the interim rezoning program and indicated their choices, which will not preclude future options. MOVED by Cllr. Kennedy, THAT the application by the Director of Land Use and Development to rezone West Southlands Sub-Area 2 from RS-1 to RS-6, as set out in this minute of the Public Hearing, be approved. - CARRIED UNANIMOUSLY (Councillor Bellamy was not present for the foregoing vote) RISE FROM COMMITTEE OF THE WHOLE MOVED by Cllr. Sullivan, THAT the Committee of the Whole rise and report. - CARRIED UNANIMOUSLY ADOPT REPORT OF COMMITTEE OF THE WHOLE MOVED by Cllr. Sullivan, 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 10:35 p.m. Mayor Owen announced the Public Hearing would be reconvened on July 8, 1997. * * *