7

CITY OF VANCOUVER

SPECIAL COUNCIL MEETING MINUTES

July 29, 1997

A Special Meeting of the Council of the City of Vancouver was held on Tuesday, July 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.

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 George Puil

Councillor Sam Sullivan

ABSENT: Councillor Jennifer Clarke (Leave of Absence)

CLERK TO THE

COUNCIL: Tarja Tuominen

COMMITTEE OF THE WHOLE

MOVED by Cllr. Bellamy,

SECONDED by Cllr. Chiavario,

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. Text Amendments: Downtown Official Development Plan (DODP)

and Yaletown Historic District (HA-3) - Implementation of

Downtown Liquor Licensing Strategy

An application by the Director of Land Use and Development was considered as follows:

(a) Theatre Row: Downtown Official Development Plan (DODP)

Summary: The proposed text amendment would no longer permit dwelling uses in the 800 and 900 Blocks of Granville Street, except that existing Rooming Houses would continue to be permitted.

(b) Yaletown Historic District: HA-3

Summary: The proposed text amendment would delete Cabaret as a permitted use in HA-3.

The Director of Central Area Planning recommended approval of (a) and (b).

Staff Opening Comments

Greg Yeomans, Planner, advised the proposed amendments to the Downtown Official Development Plan and the Yaletown Historic District follow Council's approval of a liquor licensing strategy for the Downtown area and its instruction to staff to reduce the impacts of liquor licensing on residential areas.

The amendment to no longer permit dwelling uses in the Theatre Row area will confirm the entertainment focus of Granville Street. It is proposed the Gresham and Siesta Hotels will remain as permitted uses, or "grandfathered". The amendment to the Yaletown Historic District will allow no new cabaret uses. The one existing cabaret, Bar None, will become a legally non-conforming use in the area.

In response to a question from members of Council, Mr. Yeomans advised legally non-conforming means the Bar None would not be able to expand its premises, and if more than 60%of its premises were destroyed, for example, by a fire, it may not be able to rebuild. However, in such a case, the owners of Bar None could seek special approval to rebuild from the Board of Variance.

cont’d....

Clause No. 1 (cont’d)

Summary of Correspondence

There was no correspondence received on this application.

Speakers

Mayor Owen called for speakers for and against the application.

Jamie Brown, co-owner of Bar None Cabaret, sought approval for "grandfathering" the Bar None as a use in the Yaletown area. The Cabaret was the first operation to begin the revitalization process in the Yaletown area. The owners of the Cabaret have made substantial capital improvements to the premises. Yaletown is an emerging area, with entertainment an important part. The owners of Bar None have paid a substantial amount of property taxes and have participated in the Yaletown Business Improvement Area. Mr. Brown urged Council to find a way to be fair and equitable to Bar None.

Charles Wertman requested the removal of development cost levies in the 800 to 900 Blocks of Granville street. Other parts of the Downtown area do not have to pay the levies.

Staff Closing Comments

Larry Beasley, Director of Central Area Planning, advised it is relatively straightforward to "grandfather" the Bar None Cabaret as a use in the Yaletown Historic District. However, staff would not recommend that course of action. The Yaletown area has been acknowledged as a residential area. Residential and cabaret uses are not compatible uses. "Grandfathering" the Bar None will mean the cabaret will remain forever as the only conforming cabaret in the area.

Regarding the issue of development cost levies, Mr. Beasley advised staff are in the process of preparing reports to regularize development cost levies in the Downtown area. Staff will be recommending the levies be applied across the Downtown area.

cont’d....

Clause No. 1 (cont’d)

Council Discussion

Council members were divided over the issue of "grandfathering" the Bar None Cabaret as a use in the Yaletown Historic District area. Some members felt the cabaret should be treated the same way as the Gresham and Siesta Hotels in the 80 to 900 Blocks of Granville Street. Without the "grandfathering", it will be difficult for the owners to expand and the Cabaret will see a loss in value. There is not much difference in legally non-conforming or "grandfathering".

Others felt if the Bar None were "grandfathered", existing cabarets in the Downtown South area would be able to come forward and also ask for "grandfathering". The Yaletown area is already a residential neighbourhood. The current owners are trying to address residential concerns with noise, but new owners may not be as cooperative. Moreover, "grandfathering" the cabaret would make it a permitted use forever, and will create a special circumstance for one cabaret.

MOVED by Cllr. Chiavario,

A.THAT the application to amend the Downtown Official Development Plan be approved.

- CARRIED UNANIMOUSLY

MOVED by Cllr. Chiavario,

THAT the application to amend the HA-3 District Schedule (Yaletown Historic Area) be approved, but that the existing cabaret "Bar None" be a permitted "grandfathered" use.

- LOST

(Councillors Bellamy, Herbert, Kennedy, Daniel Lee, Don Lee, and Price opposed)

MOVED by Cllr. Don Lee,

B.THAT the application to amend the HA-3 District Schedule (Yaletown Historic Area) be approved.

- CARRIED

(Councillors Chiavario, Puil, Sullivan and the Mayor opposed)

2. CD-1 Text Amendment: 550 Burrard Street

An application by Musson Cattell Mackey Partnership was considered as follows:

Summary: The proposed text amendment would add hotel use and other uses that are permitted in the adjacent Downtown District, as well as an addition in permitted height from 134.7 m (442 ft.) to 137.2 m (450 ft.) and a reduction in required parking from 932 spaces to 739 spaces. Staff recommend 801 parking spaces, as reflected in the draft By-law. Floor space ratio would also increase in accordance with the 15% hotel bonus permitted in the Downtown District.

The Director of Central Area Planning, on behalf of Land Use and Development, recommended approval, subject to the following conditions as proposed for adoption by resolution of Council:

(a)That the proposed form of development be approved by Council in principle, generally as prepared by Musson Cattell Mackey Partnership, and stamped "Received City Planning Department, December 18, 1996", provided that the Director of Planning may allow minor 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)design development to the tower base to contribute to animation of the Burrard sidewalk and to integrate the base with the entrance to the office tower;

Note to Applicant: Consideration should be given to lowering ground floor in relation to sidewalk elevations.

(ii)design development to provide a minimum setback of 0.75 m (2.5 ft.) to the ground floor of the building from the southerly property boundary (Dunsmuir Street);

cont’d....

Clause No. 2 (cont’d)

(iii)design development to Dunsmuir Street ground floor to provide pedestrian interest along the full frontage.

Note to Applicant: Proposed baggage storage should be relocated and exit stairs reconfigured.

(iv)design development at the Dunsmuir/Burrard Streets corner to provide greater visibility from the street of lobby activities;

(v)design development to improve the podium roof to provide an attractive outlook from surrounding buildings;

(vi)delete taxi spaces from the lane right-of-way;

(vii)design development to the Burrard Street vehicular entry to accommodate right turns off Burrard Street onto the site;

(viii)design development to the autocourt kiosk area to reduce its impact on pedestrians, giving careful consideration to details such as light level, landscaping, ceiling design and the interface with the sidewalk on Burrard Street;

(ix)design development to improve visibility to the pedestrian arcade and autocourt area;

Note to Applicant: This can be achieved by extensive glazing in the office tower lobby and retail and by providing openings in the blank wall at the parking entrance.

(x)design development to ensure that bicycle parking, showers and changing facilities conform to the requirements of the Parking By-law and the Building By-law;

(xi)design development to reduce opportunities for theft in the underground;

cont’d....

Clause No. 2 (cont’d)

Note to Applicant: Theft from auto and bicycle theft are the most prevalent crime in the Downtown. Open exit stairs have shown to provide easy access to underground parking areas as well as creating nuisance opportunities. These exit stairs should be relocated within the building envelope, with only the door exposed.

(xii)design development to delete the exit alcove on Dunsmuir Street; and

Note to Applicant: This can be achieved by relocating exit doors away from the property line.

(xiii)suitable arrangements made to the satisfaction of the General Manager of Engineering Services and the Director of Finance, to provide payment-in-lieu for up to 15% of the required accessory parking (401 spaces) if it can be demonstrated that as much parking as is physically and economically reasonable has been planned for and will be provided.

(c)That, prior to enactment of the amending By-law and at no cost to the City, the registered owner shall:

(i)make suitable arrangements to the satisfaction of the General Manager of Engineering Services, for the relocation of the ALRT ventilation shaft onto the site.

Note to Applicant: This will require negotiations between the applicant, City, and B.C. Transit to determine an acceptable location and design.

Also before Council was a memorandum dated July 25, 1997 from the Director of Central Area Planning, advising staff have reviewed the option of acquiring a community amenity contribution (CAC ) for the proposed Downtown Streetcar Network and, after discussions with the property owner and developer, Bentall Corporation, recommend the following:

THAT condition of approval (b)(xiii) be deleted and the following new condition be inserted as (c)(ii):

cont’d....

Clause No. 2 (cont’d)

"Make suitable arrangements for payment of a community amenity contribution, in an amount to be determined by Council, to be used at Council's discretion for improvements to Downtown transit and specifically, if possible, a Downtown streetcar network."

The Director also advised if Council adopts these amendments to the conditions of approval, then the following motion is required to ensure that the parking requirement in the amended by-law will reflect the negotiated number of parking spaces:

THAT Section 5(c) of the draft by-law be amended by deleting the figure 351 and substituting the figure 289.

Staff Opening Comments

Lynda Challis, Planner, advised the application will allow a mixed hotel and office development. The hotel use is consistent with the uses permitted in the adjacent Downtown District. The proposed amendment will increase the maximum height from 442 to 450 feet. Staff support the application and expect further design development to the tower base will result in an animated publicly accessible space.

Staff also support the parking requirement to be significantly reduced from the required parking spaces of 932, as different users will share the parking during different parts of the day. Staff previously have recommended the reduction of parking spaces to 801, but support the applicant's proposal of a reduction to 739 and the payment of a community amenity contribution.

Staff recommend the approval of the application as amended in the memorandum before Council this day.

In response to a question from a member of Council, Larry Beasley, Director of Central Area Planning, advised taxi, bus and courier loading and drop-off zones will be located off the public right-of-way and on the applicant's land off Burrard Street.

cont'd....

Clause No. 2 (cont'd)

Applicant Opening Comments

Alan Whitchelo, applicant, reviewed the parking issue, advising the Bentall Corporation believes the parking requirement should be set at 739 spaces and is offering payment-in-lieu for the reduction of 62 fewer spaces, at $10,000 per space, for a total of $620,000. Mr. Whitchelo also requested the deletion of condition c(i) which requires the applicant to relocate an ALRT ventilation shaft onto the site. He had been surprised to find the relocation as a condition of zoning. Relocating the shaft is very complicated. The shaft is filled with machinery and is a difficult item to be moved. In addition, the relocation will involve negotiations between the applicant, the City and BC Transit and would, therefore, take several months.

Frank Musson, Architect, elaborated on the difficulty of moving the shaft. The relocation would be a multi-million dollar exercise. Furthermore, the planned street tree plantings on the sidewalk could not be accommodated if the shaft is moved as proposed in condition c(i).

Summary of Correspondence

There was no correspondence received on this application.

Speakers

Mayor Owen called for speakers for and against the application and none were present.

Staff Closing Comments

Bob Macdonald, Parking Engineer, responded to questions on the proposed relocation of the ALRT ventilation shaft. Engineering staff would like to have the shaft relocated to make bicycle road improvements on Dunsmuir Street.

MOVED by Cllr. Puil,

A.THAT the application be approved, subject to the conditions as set out in this minute of the Public Hearing, with the exception of condition c(i);

- CARRIED UNANIMOUSLY

cont’d....

Clause No. 2 (cont’d)

MOVED by Cllr. Puil,

B.THAT condition of approval (b)(xiii) be deleted and the following new condition be inserted as (c)(ii):

"make suitable arrangements for payment of a community amenity contribution, in an amount to be determined by Council, to be used at Council's discretion for improvements to Downtown transit."

- not put

MOVED by Cllr. Chiavario (in amendment),

B.THAT condition of approval (b)(xiii) be deleted and the following new condition be inserted as (c)(ii):

"make suitable arrangements for payment of a community amenity contribution, in an amount to be determined by Council, to be used at Council's discretion for improvements to Downtown transit and specifically, if possible, a Downtown streetcar network."

- CARRIED

(Councillor Puil and the Mayor opposed)

MOVED by Cllr. Puil,

C.THAT Section 5(c) of the draft by-law be amended by deleting the figure 351 and substituting the figure 289.

- CARRIED UNANIMOUSLY

3. Rezoning: 1005 Beach Avenue

An application by James K.M. Cheng Architects Inc. was considered as follows:

Summary: The proposed rezoning would permit a multiple dwelling up to 28 storeys in height, containing approximately 145 dwelling units with underground parking. Floor space ration would be 2.90. The site is adjacent to the north end of Burrard Bridge.

The Director of Central Area Planning recommended approval, subject to the following conditions as proposed for adoption by resolution of Council:

(a)THAT, prior to enactment of the CD-1 By-law, the registered owner shall, at no cost to the City:

(i)make suitable arrangements, to the satisfaction of the Social Planning Department, for the relocation of the existing day care spaces to an appropriate site in the West End;

(ii)execute an agreement, to the satisfaction of the Director of Legal Services, to not discriminate against families with children in the sale of residential units; and

(iii)make suitable arrangements to the satisfaction of the General Manager of Engineering Services for the conveyance and thence consolidation of the easterly 3.00 metres of Lot B, Plan 12302 with the abutting Lot C, Block 14, District Lot 185, Plan 12302.

Note to applicant: The applicant is advised to consider the registration of an option to purchase over the subject area for future conveyance and consolidation as an alternative to conveyance at this time. The applicant should consult with the City Surveyor and the Director of Legal Services in regards to the structure of any such option to purchase.

(b)THAT, prior to approval by Council of a form of development, an applicant shall obtain approval of a development application by the Director of Planning or the Development Permit Board, who shall have particular regard to the following:

cont’d....

Clause No. 3 (cont’d)

(i)make suitable arrangements, to the satisfaction of the General Manager of Engineering Services, for any new electrical and telephone services to be undergrounded within and adjacent to the site from the closest, existing suitable service point;

(ii)make suitable arrangements, to the satisfaction of the Fire Protection Engineer, for the provision of a standard City fire hydrant within 45 m of the site and west of the Burrard Bridge;

(iii)make suitable arrangements, to the satisfaction of the General Manager of Engineering Services, for the future provision of garbage and recycling facilities in the proposed development;

(iv)make suitable arrangements, to the satisfaction of the General Manager of Engineering Services, for the provision of parking and bicycle parking as per the RM-5A standards of the Vancouver Parking By-Law, and for the provision of one standard loading bay;

(v)make suitable arrangements, to the satisfaction of the Director of Planning, to ensure that the design development takes into consideration the principles of CPTED having particular regard to reducing opportunities for: break and enter to ground level units; theft in the underground; and, ensuring visibility and surveillance by residents of areas under the bridge and walkway from the bridge;

(vi)that an Acoustical Consultant’s Report be completed, to the satisfaction of the Health Department, which assesses noise impacts on the site and recommends noise mitigating measures; and

(vii)that an Arborist Report be completed that: outlines the type and condition of the existing trees on the site; recommends those trees for retention in the context of the proposed plan; stipulates the requirements to protect these trees during construction and any ongoing maintenance program.

Note to applicant: Every effort should be made to retain significant healthy trees, especially along the property line, with slight adjustments to the parking structure if necessary.

cont’d....

Clause No. 3 (cont’d)

Staff Opening Comments

Jonathan Barrett, Planner, advised the rezoning proposal is for a multiple dwelling up to 28 storeys in height for residential use. The Urban Design Panel supports the proposal. Approximately 1,100 notification letters were sent out; 18 people attended a public meeting, some of whom opposed the proposal due to concerns over loss of views. Public benefits of the application include increased residential located near the Downtown. The proposal complies with the Downtown Bridgehead study. Staff believe the resulting form is neighbourly and compatible with the surrounding area. The proposal is subject to conditions. Relocation of the existing daycare facility on the site will be completed prior to enactment of the rezoning.

Applicant Opening Comments

James Cheng, Architect, advised he concurred with the staff recommendations.

Summary of Correspondence

There was no correspondence received on this application.

Speakers

Mayor Owen called for speakers for and against the application.

Susan Low, representing the YMCA, spoke on behalf of the operators of the daycare facility located in the existing building. She supports condition (a)(ii) that the owner relocate the existing daycare facility to an appropriate site prior to enactment. Currently, 70% of those who use the facility work in the Downtown area. Families are very concerned as to where the facility will be relocated. The YMCA requests to be involved in the process to find an appropriate site.

Ron Smith pointed out development of the site would adversely affect the City-owned site at 1400 Hornby, the Kettle of Fish site. The 1400 Block Hornby site could handle a much larger rezoning with enhanced value which could generate a larger amount of money towards parks in the area.

cont'd....

Clause No. 3 (cont'd)

Staff Closing Comments

Responding to a question from a member of Council, Ann Bancroft-Jones, Deputy Manager, Real Estate Services, advised the City has been working in the Central Area to find another site, preferably a City-owned site. She also advised the Kettle of Fish site is a much more problematic site to achieve higher density because of the potential Hornby connector.

Larry Beasley, Director of Central Area Planning, advised two possible sites in the Property Endowment Fund are being considered. There will be no interruption of the daycare spaces until alternative arrangements are found and are suitable to the Director of Social Planning.

MOVED by Cllr. Puil,

THAT the application be approved, subject to the conditions as set out in this minute of the Public Hearing.

- CARRIED UNANIMOUSLY

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 9:55 p.m.

(c) 1997 City of Vancouver