CITY OF VANCOUVER

SPECIAL COUNCIL MEETING MINUTES

January 22, 1998

A Special Meeting of the Council of the City of Vancouver was held on Thursday, January 22, 1998, 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 and Heritage By-laws.

PRESENT:	Mayor Philip Owen Councillor Don Bellamy Councillor Nancy A. Chiavario Councillor Jennifer Clarke Councillor Alan Herbert Councillor Daniel Lee Councillor Don Lee Councillor George Puil (Item 1) Councillor Sam Sullivan
ABSENT:	Councillor Kennedy (Civic Business) Councillor Price (Civic Business)
CLERK TO THE COUNCIL:	Tarja Tuominen

COMMITTEE OF THE WHOLE

MOVED by Cllr. Bellamy,

SECONDED by Cllr. Herbert,

THAT this Council resolve itself into Committee of the Whole, Mayor Owen in the Chair, to consider proposed amendments to the Zoning and Development and Heritage By-laws.

- CARRIED UNANIMOUSLY

1. Rezoning: 976 West 54th Avenue

An application by Besharat Friars Architects was considered as follows:

Summary: The proposed rezoning from RS-1 to CD-1 would permit development of 25 units in a 3 ½ storey apartment building and 6 units in 2 ½ storey townhouses.

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 Besharat Friars, Architects, and stamped "Received City Planning Department, July 31, 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:

(i)a Certified Arborist be retained throughout construction to supervise the protection, pruning (both root and branch) and relocation of the trees on the site;

(ii)design development considering CPTED principles with particular regard to:

-reducing opportunities for theft in the underground parking, by:

•screening the parking exit facing the school field, and

•screening underground exit doors facing Oak Street,

-reducing graffiti by stepping or landscaping in front of the exposed retaining wall (east property line);

-painting walls, ceiling and utility pipes in the underground parking garage (double-gating is considered positive);

cont'd

Clause No. 1 (cont'd)

(iii)provision of a structural detail, as part of any development application, showing that attic space with a height of 1.2 m (4 ft.) or more could not be occupied as floor space;

(iv)design development to achieve functional exterior access to five grade-level apartments;

(v)submission of a reflected elevation of the adjacent development to the south to determine potential privacy issues between overlapping windows and doors; and

(vi)provision of 6 grade-level units fully accessible to persons with mobile disabilities, containing a minimum area of 576 m² (6,200 sq. ft.) to the satisfaction of the Director of Planning on the advice of the Special Advisory Committee on Disability Issues.

(c)THAT, prior to enactment of the CD-1 By-law, the registered owner shall:

(i)pay to the City $155,150.00 as a community amenity contribution;

(ii)provide security to the City in an amount determined by the Director of Planning to be sufficient to cover the value of the retained and relocated trees prior to the issuance of the development permit, or prior to any site work, whichever is sooner. The security will be held until following occupancy, when a certified Arborist confirms with the City, in a Site Inspection Report, that the retained and relocated trees are in healthy condition and that the longer term management guidelines have been confirmed. The security will be 150% of an estimated dollar value for the replacement cost of the retained and relocated trees completed by a certified Arborist. This security obligation will be a separate written agreement between the applicant and the City. Such security to be satisfactory to the Director of Legal Services in her sole discretion and may include, without limitation, a letter of credit;

(iii)make arrangements to the satisfaction of the City Engineer and Director of Legal Services for provision of:

cont'd

Clause No. 1 (cont'd)

-sewer main upgrading (estimate cost $215,000) to serve the site;

or

ensure that the peak stormwater discharge rate from the site does not exceed 14 litres/second AND provide an on-site stormwater storage container with a capacity of 30.5 cubic metres;

-all electrical and telephone services to be undergrounded within and adjacent the site from the closest existing suitable service point; and

(iv)execute a legal agreement satisfactory to the Director of Legal Services providing that owners will not discriminate against families with children in the sale of their property.

Staff Comments

Tom Phipps, Planner, advised the form of development presented by the applicant successfully addresses a balance of the policy objectives contained in the Oakridge Langara Policy Statement. The applicant made major revisions to retain trees and is proposing ground-oriented multiple dwellings. Staff have agreed to support a height increase, reduce townhouse setbacks and support a target density of 1.05 FSR. The applicant proposed six fully accessible dwelling units as a basis for a density bonus. The application was referred to Public Hearing at a density of 1.15 FSR with a Public Benefit to include the provision of six fully accessible units and a bonus density payment of $155,150.

Staff recommend approval. The applicant has provided a list of accessible features as was requested at the time of referral. However, Mr. Phipps understands the applicant wishes to propose an amendment to the conditions relating to the Public Benefit contribution. The Public Hearing ad was generalized to permit and accommodate flexibility.

Applicant Comments

Helen Besharat, the applicant, advised the application was supported by the Urban Design Panel and includes significant tree preservation. Ms. Besharat requested endorsement of the next step of the process and consideration of an amendment to the conditions of a payment of a cash only Public Benefit contribution of $235,750. The cash only option was on the table at the beginning of the application process. There is no problem in meeting, in general, all other conditions.

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 and none were present.

Staff Closing Comments

Tom Phipps advised staff are prepared to support the applicant’s request and have no dispute with the amount of the proposed cash only contribution proposed. The $235,750 figure is calculated as the worth of the 0.10 FSR bonus, based on a density target of 1.05 FSR, and is identified on Page 5 of the Policy Report, dated December 12, 1997 referring the application to Public Hearing. The provision of the six fully accessible units was the applicant’s proposal in the first place.

Should Council agree to the cash only public benefit contribution, staff recommend the following amendments to the conditions and the Draft By-law:

·90·Delete condition (b)(vi);·90

·90·Amend condition (c)(i), to read:·90

"Pay to the City $235,750.00 as a community amenity contribution"

·90·Amend Draft CD-1 By-law to delete after clause (a)(ii) the words:·90

"So long as six of the total number of dwelling units are designed to be fully accessible to persons with mobile disabilities."

·90·Amend Section 6 of the Draft CD-1 By-law to delete the words:·90

"including a minimum of one disability space for each dwelling unit designed to be fully accessible to persons with mobile disabilities"

cont'd

Clause No. 1 (cont'd)

·90·Amend Section 6 of the Draft CD-1 By-law to increase the minimum number of off-street parking spaces to 53.·90

(Underlining denotes amendment)

MOVED by Cllr. Bellamy,

THAT the application be approved, subject to:

·90· the conditions as set out in this minute of the Public Hearing;·90

·the applicant’s proposal to pay the $235,750.00 as a community amenity contribution; and

· the consequential amendments to the conditions and draft by-law proposed by staff in response to the applicant’s proposal and set out in this minute of the Public Hearing.

- CARRIED UNANIMOUSLY

2. Heritage Designation: 679 East Georgia Street

An application by Birmingham & Wood Architects was considered as follows:

Summary: The proposed amendment to Heritage By-law No. 4837 would designate the existing building, listed in the 'B' evaluation category on the Vancouver Heritage Register as a protected heritage property in return for an increase in the maximum floor space and a reduction in the required number of parking spaces.

The Director of Central Area Planning, on behalf of Land Use and Development, recommended approval.

Staff Comments

Gerry McGeough, Heritage Planner, explained the development application for the development of the existing grocery store into three market dwelling units and construction of three single family dwelling in-fill buildings in the rear yard was approved with conditions. Heritage designation of the "B" listed grocery store is one of the last conditions to be met by the applicant. The property is in the Strathcona residential area and is zoned RT-3. The intent of the RT-3 zoning is to retain the streetscape and heritage buildings. The

cont'd

Clause No. 2 (cont'd)

Director of Planning may relax parking and zoning regulations in return for preservation of heritage buildings, and therefore is willing to increase the maximum floor space ratio to 1.1 and reduce the required number of parking spaces from 6 to 5.

Of 35 notifications, three letters were received in support and two opposed. The major concern for opposition is the loss of two rental units located in the existing building. However, only one of the rental units is a legal unit. No provisions exist in the RT-3 schedule for saving the rental units. The proposal fulfills the intent and scope of what can be approved under the District schedule. The proposal will create affordable market housing. The developer proposes to build six residential family units; he could apply to build only two family dwellings. Staff is prepared to approve the designation and application as the proposal meets the District schedule, maintains the streetscape, provides family housing and preserves and protects an important heritage building in Strathcona.

Applicant Comments

James Burton, Architect, with the aid of photographs and drawings, noted the form of development of the application is similar to other buildings in the neighbourhood. The requested 1.1 FSR for the project is far less than other development in the area. The gabled facades will be typical of buildings in the area. The inclusion of verandas in the design will promote safer streets by adding more eyes onto the street.

Priidu Juurand, applicant, believes the proposal to preserve a landmark building will help the community achieve the goals expressed in the Strathcona District schedule and will make the area more residential. The neighbourhood store building has been an important part of Strathcona life for a century. The proposed in-fill buildings mimic other residential buildings on the block and in the area and will retain and enhance the neighbourhood character and heritage. All units will have street access. With the requested increased FSR, the applicants will be able to be offer the units at below market values.

Brad Alberts, applicant, advised the average unit sale price will be approximately $280,000 to $285,000 per unit, which is 15 to 20 percent below the price of east side units. The applicants are trying to address one of the District objectives, which is to provide affordable housing, by spreading the total cost over the six market units.

Summary of Correspondence

Council was advised two letters in support of the heritage designation were received.

cont'd

Clause No. 2 (cont'd)

Speakers

Mayor Owen called for speakers for and against the application.

The following speakers supported the heritage designation:

·90·Phyllis Burk·90

·90·Rick Stonehouse·90

·90·Brian Espaillat·90

·90·Cameron Little·90

·90·Jo Scott-B, Vancouver Heritage Commission.·90

The foregoing speakers supported the heritage designation on one or more of the following grounds:

·90·the proposal complements the community and will encourage additional housing in the area , adding a dimension of safety;·90

·the heritage designation will allow the proposal to proceed, which will bring more homeowners into the neighbourhood and make it safer;

·the attention to detail in the proposed development requires a substantial amount of work and makes it very costly; the cost requires all six units be offered for sale; keeping the heritage building and offering family housing outweighs protecting rental housing;

·the Vancouver Heritage Commission supports the project; the Commission reviewed the application twice and its concerns were well met when the project came back as a development application.

The following speakers supported the preservation of the heritage property, but opposed the application for six market units, with no provision for rental units:

·90·Thomas Burrows·90

·90 ·Jamie Lee Hamilton·90

·Keith Jardine.

The following points were made by the foregoing speakers:

·the current rental units provide low rental artist studio space;

·the proposed project could have five market units; the strata could retain one low rental unit for artist live-work space;

cont'd

Clause No. 2 (cont'd)

·90·these types of buildings are homes to many artists who are forced into homelessness due to the lack of low rent space;·90

·90·it is important to preserve heritage property, but the Strathcona area deserves protection from densification. ·90

Staff Closing Comments

In response to a question on existing policy for preserving interiors, Mr. McGeough advised the zoning speaks only of preserving the exterior of buildings.

Applicant Closing Comments

Brad Alberts advised the Manager of Real Estate Services completed a financial analysis of the proposal, and concluded the creation of six market units does not result in excessive profits. If one rental unit was provided, the cost of the development would have to be spread over the remaining five units. The five units would no longer be affordable.

MOVED by Cllr. Don Lee,

A.That the property at 679 East Georgia Street, listed on the Vancouver Heritage Register in the "B" evaluation category, be designated as a Protected Heritage Property;

B.THAT Council instruct the Director of Legal Services to bring forward for enactment an amendment to the Heritage By-Law.

- CARRIED

(Councillor Chiavario 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. Herbert,

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 9:37 p.m.

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(c) 1997 City of Vancouver