CITY OF VANCOUVER
SPECIAL COUNCIL MEETING MINUTES
July 9, 1997
A Special Meeting of the Council of the City of Vancouver was held
on Wednesday, July 9, 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 Don Lee
Councillor Gordon Price
Councillor George Puil
Councillor Sam Sullivan
ABSENT: Councillor Lynne Kennedy (Sick Leave)
Councillor Daniel Lee (Sick Leave)
CLERK TO THE
COUNCIL: Gary MacIsaac
COMMITTEE OF THE WHOLE
MOVED by Cllr. Bellamy,
SECONDED by Cllr. Puil,
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 and ODP Text Amendments: 800-1100 Pacific Boulevard
(Quayside, Area 4) and False Creek North Official
Development Plan
An application by the Director of Land Use and Development was
considered as follows:
Summary: The proposed text amendments would permit two
non-family, non-market housing sites (Sites 4A1 and 4D2) in the
Quayside Neighbourhood (Area 4) to be developed with market housing
in exchange for a payment-in-lieu to the City.
The Director of Central Area Planning on behalf of Land Use and
Development, recommended approval, subject to the following condition as
proposed for adoption by resolution of Council:
THAT provision of public art due to increased market multiple
dwelling floor space be obtained according to the City's Public Art
Policies and Guidelines and arranged through a legal agreement
satisfactory to the Directors of Legal Services and Social
Planning.
Also before Council was a memorandum dated July 9, 1997 from Larry
Beasley, Director of Central Area Planning advising that a required
condition was inadvertently left off the recommendations for the
Quayside rezoning application. The following additional condition was
before Council:
THAT, prior to enactment of the CD-1 By-law, the registered owner
amend the Quayside Neighbourhood Non-Market Housing Agreement, and
make such other arrangements as may be necessary, to the
satisfaction of the Director of Legal Services and the Manager of
the Housing Centre, to:
a) provide the City with a payment-in-lieu equal to $1,225,000
inflated by CPI; or
b) develop the family non-market site in Quayside Area 4, Site
4H, at 90% of the Maximum Unit Budget allowed for the family
non-market projects, and to pursue funding for the family
project in 1997;
with the City having the right to require a) or b) until December
31, 1999, at which time, if a conditional non-market unit
allocation has not been received for site 4H, Concord Pacific will
provide the City with the payment-in-lieu pursuant to a).
Staff Opening Comments
Larry Beasley, Director of Central Area Planning, advised the
application before Council would allow two-non market housing sites in
Quayside to be developed for market development in exchange for a
payment-in-lieu that will be used either:
to facilitate development of another non-market site (for
families) in the block; or
to invest in other non-market housing in the vicinity.
Mr. Beasley explained the impact this amendment would have on the
City s existing targets for a mixed neighbourhood in False Creek North
and advised this change has been necessitated for the following reasons:
These sites sit over complex private developments ready to
start construction and are for seniors housing, which is
currently receiving little funding support from the Provincial
Government;
The non-market housing envisioned for these sites will likely
not get funding, will not be developed with the rest of the
block, will be very expensive and physically problematic to
develop thereafter and will likely not yield social housing
any time soon.
Given the foregoing factors and the lack of better alternatives,
payment-in-lieu is the best approach under these circumstances. By
proceeding with this rezoning the City can probably bring forward
development of an attractive adjacent family housing site by several
years, or will have received some money to invest sooner for some other
non-market housing to be built sooner in the vicinity. The impacts of
leaving the sites unfinished will be avoided.
Mr. Beasley advised that payment-in-lieu is unlikely to be a
regular occurrence in the mega-projects as most of the non-market sites
are relatively easy to use and do not present the same complications as
the two sites which are the subject of this rezoning application.
John Jessup, Housing Centre, advised if Council approves this
rezoning, the number of senior s non-market units in the Quayside
neighbourhood will be reduced by 150 units. In reviewing the
possibilities for these two seniors non market sites a number of
alternatives were considered:
Leave the sites undeveloped and return later when seniors
non-market units are more available;
Exchange the sites for undeveloped market sites elsewhere on
Concord;
Convert the sites to family non-market;
Develop the sites with alternative affordable housing projects
not subsidized by senior government programs;
Take pay-in-lieu for the sites and explore the possibility of
reallocating the lost units to undeveloped non-market sites
elsewhere on Concord.
The pay-in-lieu option was chosen as the best possible solution
because:
It would be extremely awkward and costly to return later to
the two non-market sites, once the market portion had been
built out;
It maximizes the likelihood of developing the 88 unit family
non-market site (4H) in the Quayside neighbourhood
immediately;
It leaves open the possibility of relocating the lost 150
seniors non-market units to undeveloped non-market sites
elsewhere on Concord.
Mr. Jessup provided information on the calculation methods used to
arrive at a direct pay-in-lieu contribution of $1.2 million. The
alternative before Council is to apply this money to the Quayside Family
Site (4H) at an amount estimated to be $1,612,000. This increase of
$400,000 reflects an additional benefit to Concord in building out the
family site, which includes a 49 space child care facility and
underground parking for the Quayside Marina.
Summary of Correspondence
The following correspondence was received:
- One (1) letter in favour of the application;
- Four (4) letters in opposition to the application, of which
three were submitted by one author;
One (1) received at the time of referral to Public Hearing,
requesting the opportunity for public consultation;
One (1) letter expressing concerns with the manner in which
the payment-in-lieu funds will be spent, and the concentration
of non-market and special needs housing in one area of the
city;
One letter from the Urban Design Panel providing support to
the underlying principles of integrated neighbourhoods and
encouraging Council to strongly push for and support these
principles.
Speakers
Kevin Murphy, Concord Pacific, advised that Concord was approached
by the Manager of the Housing Centre who was concerned with the scenario
that the two sites designated for seniors housing would not receive
senior government funding. It would be difficult to build non-market
housing in the future, after the market housing was already
constructed. Concord Pacific agree with the position taken by the
Manager of the Housing Centre and this gave rise to the application
before Council.
Sue Bennett, Chair, Gastown Historic Area Planning Committee,
advised of the Committee position on the disposition of pay-in-lieu
funds. In the event that another location cannot be found on the site,
the money for non-market housing should be used for a site in an
adjacent community that has less than 20% non-market housing, and if a
site cannot be found in an adjacent community, that the money be used in
any other Vancouver community that has less than 20% non-market housing.
Martin Yeh, area resident, (letter on file) opposed the application
and urged that the seniors non-market tower which was originally zoned
for this site be built as planned, and not replaced with market housing.
David Garrow, area resident, suggested that Council wait for the
senior levels of government to provide money to construct the non-market
housing on this site, thereby giving the community an opportunity to
determine whether it would be beneficial to construct this tower at all.
Staff Closing Comments
Larry Beasley concluded that staff would prefer to use this
pay-in-lieu money in this community in order to achieve a mixed
community. However, if unit allocations are not forthcoming from senior
levels of government, staff would report back on the issue of spending
the money in the community nearby.
MOVED by Cllr. Puil,
THAT the application be approved, subject to the condition as set
out in this minute of the Public Hearing, and subject to the inclusion
of Option (b) as set out in the memorandum from Larry Beasley dated July
9, 1997.
- CARRIED UNANIMOUSLY
2. Rezoning: 6691-6699 Victoria Drive
(Lots 24 to 26, Block 2, D.L. 735, Plan 3421)
An application by Edward de Grey, Architect, was considered as
follows:
Summary: The proposed rezoning from RT-2 Two-Family Dwelling
District to CD-1 Comprehensive Development District would permit a
three-storey, mixed-use development providing commercial floor
space at grade and dwelling units above. The maximum floor space
ratio would be 1.70. Dwellings units would be designed to meet
accessible housing standards. A Sign By-law amendment is also
proposed.
The Director of Central Area Planning, on behalf of Land Use and
Development, recommended refusal.
However, should Council approve this application, the Director of
Central Area Planning on behalf of Land Use and Development would
recommend that the following conditions be adopted by resolution of
Council:
(a) THAT the proposed form of development be approved by Council
in principle, in revised plans generally as prepared by Edward
de Grey, Architect, and stamped "Received City Planning
Department, May 28, 1997", provided that the Director of
Planning may allow alterations to this form of development
when approving the detailed scheme of development as outlined
in (b) below.
(b) 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 improved
transition to surrounding residential development
(involving reconsideration of setbacks from the south and
west property lines and terracing of upper storeys) and
improved building articulation (involving simpler
combination of building forms and simpler decorative
features).
(ii) further design development according to principles of
crime prevention through environmental design to reduce
opportunities for theft in the underground parking (by
internalizing the exit stair and retaining external
door), break and enter (by externalizing the door from
the internal exit stair), mischief (by keeping landscaped
areas visibly open) and graffiti (by reducing blank wall
areas);
(iii) design development according to accessible housing
specifications, including
(1) doors which are a minimum of 86 cm wide,
(2) extra space so a person in a wheelchair can move
around with ease, particularly in circulation areas,
halls, bathroom and kitchen,
(3) backing support or plates behind bathtub for
anchoring hand rails,
(4) lever door handles instead of knobs for ease of
turning,
(5) light switches and sockets positioned on walls at a
height to make them accessible from a seated
position, and
(6) accessible balcony and door thresholds;
(iv) the advice of the Urban Design Panel on a detailed scheme
of development.
(c) 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 underground 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 for the provision of
street trees adjacent the site;
(iv) make arrangements to the satisfaction of the General
Manager of Engineering Services for the provision of a
curb on East 51st Avenue adjacent to the site and
handicapped ramps at the southwest corner of Victoria
Drive and East 50th Avenue and the northwest corner of
Victoria Drive and East 51st Avenue.
(v) execute an agreement, to the satisfaction of the Director
of Legal Services and the Vancouver Police Department
CPTED Liaison Officer, to secure the narrow sideyard of
the adjoining building to the north against intruders.
(vi) 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, advised staff do not recommend approval of
this application. In arriving at this conclusion staff are following a
policy which has been in place since the early 1970s which discourages
the rezoning of residential land for commercial developments or
mixed-use of residential and commercial developments, except where
mitigating circumstances provide a rationale for doing so. In the
original application which was submitted, staff believed no such
rationale was provided.
Mr. Mondor advised that staff will be reporting back in the Fall on
a policy pertaining to the rezoning of residential sites next to
commercial sites. In this instance staff have not reassessed the new
application which was received, nor the decision to recommend refusal
of the initial application. However, in the event that Council may wish
to approve this application, staff have developed conditions of
approval.
Mr. Mondor reviewed the various conditions of approval before
Council. It was noted that condition (iv) requires the application to
go to Urban Design Panel, and upon reflection it may be better to reword
this condition to remove the obligation of sending the application to
the Panel, in the event it is unnecessary to do so.
Applicant Opening Comments
Jon Ellis advised this application will achieve the following
improvements for this site:
It will rectify the juxtaposition of the commercial and
residential zoning on the block by taking the commercial use
and extending it to the corner of 51st Avenue and overlaying
residential uses on top. This will act as a buffer zone
between the existing zoning on the block;
It will provide for a reasonable separation between
residential and commercial uses that did not exist before;
It allows the continuation of retail activity to a natural end
point, which will benefit the existing retail;
The CD-1 zoning will allow for a known form of development;
It will serve as an experiment to provide market housing that
can be easily adapted to serve people with physical
disabilities.
Edward de Grey, Architect, provided additional detail about the
revised application and some of the techniques to be used to achieve
market housing which can be easily adapted to suit persons with
disabilities. Both the Seniors and Disabilities Issues Committees of
Council support this application.
Letters of support from 90 immediate neighbours and 441 customers
of the owner of this site were submitted to Council (on file in City
Clerk's office).
Summary of Correspondence
There was no correspondence received prior to the Public Hearing.
Speakers
Mayor Owen called for speakers and the following delegations spoke
in favour of the application:
- Nelson Yu
- Alex Lim
- John Skender.
The foregoing speakers supported the application on the basis that
it will be a positive addition to the neighbourhood.
Council Discussion
During discussion of this matter Council members expressed support
for the application noting it is consistent with CityPlan and the site
is a logical place for such a development. One member of Council
objected to the application on the basis that it is inconsistent with
the policy that has been in place in the City since the early 1970s.
MOVED by Cllr. Bellamy,
THAT the application be approved, subject to the conditions as set
out in this minute of the Public Hearing.
- CARRIED
(Councillor Puil opposed)
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. 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 9:35 p.m.