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.