CITY OF VANCOUVER

SPECIAL COUNCIL MEETING MINUTES

September 25, 1997

A Special Meeting of the Council of the City of Vancouver was held on Thursday, September 25, 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 Jennifer Clarke
					Councillor Alan Herbert
					Councillor Daniel Lee
					Councillor Don Lee
					Councillor Sam Sullivan
ABSENT:					Councillor Nancy Chiavario
					Councillor Lynne Kennedy (Leave of Absence)
					Councillor Gordon Price (Leave of Absence)
					Councillor George Puil
CLERK TO THE
COUNCIL:					Tarja Tuominen

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

1. Text Amendment: CD-1 - 6475 Elliott Street

An application by Lloyd Plishka, Architect, was considered as follows:

Summary: The proposed amendments to CD-1 By-law No. 3914, would permit redevelopment of the site at maximum floor space ratio of 1.25 for 100 non-market seniors rental dwellings and 90 market dwellings. Through joint market/non-market development, the Baptist Housing Society which owns and manages the site would maintain the same amount of affordable seniors rental housing on the site and provide larger, more accessible dwellings.

The Director 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 Lloyd Plishka, Architect, and stamped "Received City Planning Department, March 21, 1997", 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, including the advice of the Urban Design Panel as may be necessary:

(i)further design development as follows:

1.to minimize the depth of first storey below grade,

2.to remove the dog-leg and cantilevering of the south building over the parking entrance at the south-east corner of the site as this takes up too much space on too significant a part of the site and because proximity to the shopping centre suggests a more public outdoor amenity space be provided there,

3.to give the south building a more appropriate and prominent principal entrance and a better relationship to the church south of the lane,

4.to eliminate or separate the townhouse dwellings in the corners at the interior of the site to improve their livability (sunlight access and privacy),

cont'd....

Clause No. 1 (cont'd)

5.to reconsider the elevations of the apartment buildings so as to improve their visual relationship to the proposed townhouses and surrounding development, and

6.to reduce the obtrusiveness of the underground parking entrance ramp on Waverley Avenue;

(ii)principles of crime prevention through environmental design (CPTED), having regard to reducing opportunities for:

1.theft in the undergrounding parking areas by securing ramp access and by locating exits so they less visible from the street (Note: Whitepainting the underground areas will also make them feel safer.), and

2.breaking and entering by minimizing concealed areas on the site;

(iii)a landscape plan prepared by the applicant showing:

1.the existing trees which are noted on the Tree Survey and which are to be retained or relocated,

2.the open spaces for market and non-market housing at the interior of the site to be combined or coordinated to provide shared, more useable space, and

3.annotations to describe how the landscaping will mature and be maintained over the long term (with reference to principles for crime prevention through environmental design);

(iv)"aging in place" principles, including:

1."aging in place" features in the seniors housing, including the provision of adequate kitchen facilities in the fourth-storey amenity room, weather protection for the walkway which joins the two seniors buildings, and handicapped parking spaces in visitor and resident parking areas both at-grade and underground, and

2.consideration of similar "aging in place" features in the market housing, and

3.a relocation plan for the existing tenants; and

cont'd....

Clause No. 1 (cont'd)

(v)fire prevention measures to include relocation of the principal entrance to the apartment building adjacent to lane to ensure that it is no more than 15 m (50 ft.) from Clarendon or Elliott Streets.

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

(i)make arrangements, to the satisfaction of the Director of Legal Services and the Manager of the Housing Centre, to execute the following:

1.a covenant to be registered on property title, restricting subdivision or strata-titling of the seniors rental buildings,

2.a Housing Agreement to ensure that the seniors housing will be eligible for SAFER assistance and will be operated by a non-profit reporting society registered in the Province of B. C., and

3.a legal agreement providing that a meeting shall be convened in each calendar year for the purpose of organizing a resident’s council in the seniors rental housing buildings;

(ii)make arrangements to the satisfaction of the Director of Legal Services and General Manager of Engineering Services, at no cost to the City, for:

1.the extension of an 8-inch water main 350 ft. west of Elliott Street along Waverley Avenue to Clarendon Street and a water hydrant on Waverley Avenue (estimated cost of $54,000),

2.the provision of curb, gutter and pavement on Waverley Avenue (both sides) between Elliott and Clarendon Streets,

3.the provision of street trees adjacent the site on Elliott and Clarendon Streets and Waverley Avenue where space permits, including the north side of Waverley Avenue between Elliott and Clarendon Streets, and

4.the undergrounding of all utilities from the closest existing suitable service point;

(iii)make arrangements to the satisfaction of the Subdivision Approving Officer and the Director of Legal Services for subdivision of the site; and

(iv)execute a legal agreement, to the satisfaction of the Director of Legal Services, to not discriminate against families with children in the sale of market dwelling units.

cont'd....

Clause No. 1 (cont'd)

Also before Council were two memorandums, dated September 25, 1997, from Dave Thomsett, Senior Planner, Land Use Control, providing the following additional staff advice concerning the draft by-law and the approval conditions before Council:

(a)the draft CD-1 by-law in the agenda package does not fully and corrrectly incorporate the provisions recommended in the staff report dated July 15, 1997, and therefore revisions to the CD-1 by-law are recommended to ensure the appropriate by-law provisions are considered by Council at the Hearing.

Planning staff recommend the following amendments to the Draft CD-1 By-law:

1. THAT Section 2 of the draft by-law be deleted and replaced with the following:

"2. Uses

The only uses permitted within the area referred to in section 1, subject to such conditions as Council may by resolution prescribe, and the only uses for which development permits will be issued are

(a)Multiple Dwelling, provided that in sub-area A shown in the diagram below multiple dwellings will be limited to dwellings eligible for government funding and limited to occupancy by at least one person that meets the age criteria of the senior government subsidized housing program for seniors, and

(b)Accessory Uses customarily ancillary to the above use."

(map)

cont’d...

Clause No. 1 (cont'd)

2.THAT Section 3 of the draft by-law be amended in Section 3.1 by replacing the figure "827.5" with the figure "11 073" and that it be amended in Section 3.4(b) by replacing the figure "100" with the figure "1 000".

3.THAT Section 4 of the draft by-law be deleted and replaced with the following:

"4. Height

The maximum height of a building measured above the base surface is 12.8 m, except that height will not exceed 10.5 m for buildings, or fronting portions of buildings, on those parts of the site which directly abut Elliott Street north of East 48th Avenue, Waverley Avenue and Clarendon Street."

4.THAT Section 5 of the draft by-law be deleted and replaced with the following:

"5. Building Grade

The first storey of all buildings will be on average no more than 0.3 m below finished grade, except that this maximum may be increased to 1.0 m at the southwest corner of the site due to the topography at this location."

5.THAT Section 6 of the draft by-law be re-numbered as Section 9.

6.THAT the following Sections 6, 7 and 8 be inserted in their proper numerical sequence:

"6.Yards and Setbacks

6.1A minimum setback of 6.0 m will be provided from Elliott and Clarendon Streets and Waverley Avenue, but this may be relaxed to 5.5 m for the provision of bay windows and bay projections, porches, stairs, balconies and similar projections.

6.2A minimum setback of 4.6 m will be provided from the rear property line abutting the City lane south of the site.

cont’d...

Clause No. 1 (cont'd)

7. Site Coverage

The maximum site coverage for buildings will be 45 percent of the site area.

8. Off-Street Parking, Loading and Bicycle Spaces

Off-street parking, loading and bicycle spaces will be provided, developed and maintained in accordance with the applicable provisions of the Parking By-law, except that parking spaces for market dwellings will be provided at the rate of 0.85 space per dwelling unit plus 1.0 space for every 250 m² of total floor area for market dwellings and parking spaces for non-market seniors rental dwellings will be provided at the rate of 0.50 spaces per dwelling unit."

(b)the applicant requests that the owner not be required to pay for street improvements on both sides of Waverley Avenue (between Elliott and Clarendon Streets) as recommended by Planning staff, but only for the south side adjacent the site. Engineering staff have clarified that improvements are typically not required to both sides of a street unless a new road is being constructed. As in local improvement schemes, the City would likely pay the costs for the opposite side of the street as it is adjacent a City-owned school site, subject to the City Manager's approval of funding. The desirability of traffic calming measures would first be investigated.

Therefore, Planning staff recommend that condition (c)(ii)2 be amended by removing the words "(both sides)" and replacing them with the words "adjacent the site to centreline".

(c)the applicant requests that the owner not be required to execute a covenant to be registered on the property title, to restrict subdivision or strata-titling of the seniors rental building. The project already has a strong covenant registered against its title by the Provincial Government and administered by the BC Housing Management Commission.

cont'd...

Clause No. 1 (cont'd)

However, Legal Services staff have advised that a separate covenant is required as the City is not a party to the existing covenant. Furthermore, the existing covenant, the covenant requested in condition (c)(i)1 and the Housing Agreement

requested in condition (c)(i)2 are separate legal instruments which must be kept separate for their effectiveness. Planning staff recommend that condition (c)(i)l remain unchanged.

Staff Opening Comments

Phil Mondor, Planner, advised the application is a public/private development, which will result in the retention of 100 seniors affordable units. The units will be increased in size from 348 to 600 square feet. Market housing of townhouses and apartments at the north end of the site will add diversity to the area. Both the affordable and market units will have "aging in place" features. The development is compatible with the surrounding area and provides an opportunity for large trees to develop. The Urban Design Panel and staff were impressed with the look of the development. The proposed parking will be more than adequate.

The neighbours have concerns about the significant increase in floor space ratio; the increase in building height from two to three and four storeys; and traffic and parking impacts. However, staff feel the positives outweigh the negatives, and therefore support the application.

Mr. Mondor referred to the memorandum recommending amendments to the Draft CD-1 By-law circulated to Council this day and advised the Legal Services Department confirms the amendments are consistent with the newspaper ads and notification for the Public Hearing.

Applicant Comments

Howard Johnson, representing the Baptist Housing Society, advised the current personal care home needs to be replaced. The building does not meet fire or livability standards. The units are small, difficult to rent and do not meet the needs of the seniors in the neighbourhood. The project will be financed through four sources: a small capital reserve of the Baptist Housing Society; increased borrowing; rental income, with assistance through the SAFER program; and sale of the market units. The project will provide new respectable housing for seniors, but the 1.25 fsr is essential to make the project financially feasible.

cont’d...

Clause No. 1 (cont'd)

Lloyd Plishka, Architect, advised there are several multiple residential sites in the neighbourhood. Only 20 percent of the project will face residential homes. Arrangement of the buildings allows visual sharing of courtyard space, and plazas provide visual amenities for the neighbourhood. There will be only three-storey buildings facing family homes. The market homes will provide a standard of living consistent with condominiums in the area, and are not targeted to budget buyers. The applicant is willing to alter the main floor levels of the buildings a further one foot out of ground. Mr. Plishka requested that Section 6.1 of the Draft CD-1 Bylaw be amended to allow relaxation of the minimum setback of 6 metres to 5.0 metres, instead of 5.5 metres, for the provision of bay windows, porches, and balconies.

Jack Clerkson, (brief filed) described the public consultation process undertaken for the project. Three neighbourhood information meetings were held. The last one was held on July 7, 1997, with 33 people in attendance. Of 28 responses received, 10 were in support and 17 were opposed. The residents of Clarendon Court were also invited to three information meetings; 46 comment forms in favour of the redevelopment were returned by the attendees.

Doug Purdy, (brief and map filed), described resident, business and church congregation surveys conducted in the area. A majority of those in support of the proposal are long term residents. Those opposed are concerned with increased development in the area, lost views, and intrusion into the single family neighbourhood with resulting increase in traffic, loss of street parking, and school overcrowding.

Trevor Ward, Traffic consultant, described the results of a traffic study undertaken in the area. Elliott and 49th Avenue are arterial streets; sidewalks are located on all three sides of the site; Elliott and 49th have bus routes; the intersection at Elliott and 49th Avenue has traffic signals; and the intersection at 49th and Clarendon has a pedestrian crossing. Mr. Ward did not believe many vehicles will go into the neighbourhood. Seniors have a very low number of trips. The projected volumes will be well within guidelines. The proposed parking for the non-market units is considerably more than what is required. In addition, there are 40 parking spaces on-street adjacent to the site.

cont'd...

Clause No. 1 (cont'd)

Summary of Correspondence

A review of the correspondence received on this application indicated the following:

·46 similar form letters received in support of the application;

·letter from Doug Purdy & Associates Ltd. enclosing three petitions and 11 form letters from area merchants in support of the application.

Speakers

Mayor Owen called for speakers for and against the application and 11 speakers were heard.

The following spoke in favour of the application before Council:

·Gillian Watson-Donald, Chair, Housing Subcommittee of the Special Advisory Committee on Seniors, advised the Committee has reviewed the project twice. The Committee is in favour of the project. Very few affordable projects are developed. The project will use SAFER guidelines so that rents can remain low, and incorporates many "aging in place" aspects. The Committee has one concern: the "aging in place" features may disappear as the project goes through the different permit stages. The Committee would like an opportunity to review the project again at the building permit stage.

·Don Balzer and Frank Dyck also supported the application on one or more of the following grounds:

·the project will meet the needs of the elderly;

·the new premises will provide accessible and amenity spaces.

The following speakers opposed the application before Council:

· Steve Simon

· Kenneth Lore

· Nancy Tompkins

· John Tompkins

· Pat Kanopski

· Dave Ohori

· Celia Chung

· Dharminder Hundal

cont’d...

Clause No. 1 (cont'd)

The foregoing speakers opposed the application on one or more of the following grounds:

·four storeys are too high for the neighbourhood;

·the development will add traffic noise;

·the increased density is too much for the area;

·the development will attract many additional people and cars to the area, and will impact the many children in the area;

·development of the market units is not supported;

·the validity of the traffic study is questioned;

·the proposed new development at Corpus Christi has not been considered in the potential impacts to the immediate neighbourhood;

·the neighbourhood needs an area plan so that development will be coordinated;

·the schools, community centre and traffic will not be able to handle the increased development.

The developer of the proposed site at Corpus Cristi advised there is a market for smaller accommodation in the area.

Applicant Closing Comments

Howard Johnson provided a brief history of the Baptist Housing Society and advised its purpose is to provide affordable housing for seniors. The Society has the skills necessary to go into a community and address concerns. The project cannot be reduced in size due to CMHC restrictions.

Staff Closing Comments

Mr. Mondor responded to questions on whether "aging in place" features will carry through the permit process, and advised Planning staff is instituting a practice to ensure requirements flow through the process.

cont'd...

Clause No. 1 (cont'd)

MOVED by Cllr. Bellamy,

THAT the application be approved, subject to the conditions as set out in this minute of the Public Hearing, and subject to the amendments to the CD-1 By-law proposed in the memorandum from Dave Thomsett dated September 25, 1997, and set out in this minute of the Public Hearing.

FURTHER THAT the Draft CD-1 By-law be amended as follows:

6.1A minimum setback of 6.0 m will be provided from Elliott and Clarendon Streets and Waverley Avenue, but this may be relaxed to 5.0 m for the provision of bay windows and bay projections, porches, stairs, balconies and similar projections.

- CARRIED UNANIMOUSLY

(Note: underlining denotes amendment)

2. Text Amendment: CD-1 - 750 Burrard Street

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

Summary: The proposed amendment to comprehensive Development District By-law No. 7426 would permit the transfer of density rights, in the amount of 384.6 m², from the former Vancouver Public Library heritage building at 750 Burrard Street, to a development site at 1128 West Hastings Street. The maximum floor space ratio would thereby be reduced to 12.77.

(Note: A similar density transfer from 750 Burrard to 1762 Davie Street was approved May 7, 1997, but the related by-law amendment has not yet been enacted. Should that by-law also be enacted, the maximum floor space ratio for 750 Burrard would be further reduced, from 12.77 to 12.36).

The Director of Land Use and Development, recommended approval of the application.

Staff Opening Comments

Staff offered no additional comments on this application.

cont'd...

Clause No. 2 (cont'd)

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.

MOVED by Cllr. Bellamy,

THAT the application be approved.

- 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. Clarke ,

SECONDED by Cllr. Bellamy,

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 9:30 p.m.

* * * * *

(c) 1997 City of Vancouver