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CITY OF VANCOUVER
REGULAR COUNCIL MEETING MINUTES
STANDING COMMITTEE OF COUNCIL ON
PLANNING AND ENVIRONMENT
February 5, 1998 A Regular Meeting of the Council of the City of Vancouver was held on Thursday, February 5, 1998, at 5:15 p.m., in Committee Room No. 1, Third Floor, City Hall, following the Standing Committee on Planning and Environment meeting, to consider the recommendations of the Committee.
Ken Dobell, City Manager
Nancy Largent
COMMITTEE OF THE WHOLE
MOVED by Cllr. Don Lee,
SECONDED by Cllr. Bellamy,
THAT this Council resolve itself into Committee of the Whole, Mayor Owen in the chair.
- CARRIED UNANIMOUSLY
UNFINISHED BUSINESS 1. (a) Oakridge Langara Policy Statement Institutional Replacement Policy
(b) Proposed CD-1 Rezoning of 990 West 41st Avenue
(Lubavitch Centre) File: 8017
On Thursday, January 8, 1998, following the Standing Committee on Planning and Environment meeting, Vancouver City Council deferred the following motion by Councillor Herbert to the Unfinished Business portion of the Regular Council meeting following the next Planning and Environment Standing Committee meeting:
THAT staff report back on the interpretation of an endowment fund or other mechanism that would qualify as a City benefit for charitable and philanthropic institutions.
The motion was withdrawn by the mover with Council's consent.
COMMITTEE REPORTS Report of Standing Committee on Planning & Environment
February 5, 1998
Council considered the recommendations of the Committee, as contained in the following clauses of the attached report:
Cl.1: Significant Rezoning Applications
Cl.2:Amenity Bonus Proposal - 488 Robson Street
Cl.3:City of Vancouver Regional Context Statement
Cl.4:Rezoning Request for Area 5B of False Creek
North Official Development Plan
Cont’d
COMMITTEE REPORTS (CONT’D) Report of Standing Committee on Planning & Environment
February 5, 1998 (Cont’d)
Clauses 1 and 3
MOVED by Cllr. Clarke,
THAT the recommendations of the Committee, as contained in Clauses 1 and 3 of this report, be approved.
- CARRIED UNANIMOUSLY Amenity Bonus Proposal - 488 Robson Street
(Clause 2)
MOVED by Cllr. Clarke,
THAT the recommendations of the Committee, as contained in Clause 2 of this report, be approved.
- CARRIED BY THE REQUIRED MAJORITY
(Councillor Herbert opposed)
Rezoning Request for Area 5B of False Creek
North Official Development Plan (Clause 4)
MOVED by Cllr. Kennedy,
THAT the recommendations of the Committee, as contained in Clause 4 of this report, be approved.
- CARRIED UNANIMOUSLY (Councillor Clarke was excused from voting on Clause 4, having
previously declared a conflict of interest during the Standing Committee
meeting. There was no discussion prior to the vote being taken.)
RISE FROM COMMITTEE OF THE WHOLE
MOVED by Cllr. Kennedy,
THAT the Committee of the Whole rise and report.
- CARRIED UNANIMOUSLY ADOPT REPORT OF COMMITTEE OF THE WHOLE
MOVED by Cllr. Kennedy,
SECONDED by Cllr. Bellamy,
THAT the report of the Committee of the Whole be adopted.
- CARRIED UNANIMOUSLY The Council adjourned at 5:20 p.m.
* * * * * REPORT TO COUNCIL
STANDING COMMITTEE OF COUNCIL
ON PLANNING AND ENVIRONMENT
February 5, 1998
A Regular Meeting of the Standing Committee of Council on Planning and Environment was held on Thursday, February 5, 1998, at 2:00 p.m., in Committee Room No. 1, Third Floor, City Hall.
Councillor Sam Sullivan, Vice-Chair
Mayor Philip Owen Councillor Don Bellamy Councillor Alan Herbert Councillor Lynne Kennedy Councillor Daniel Lee Councillor Don Lee Councillor Gordon Price Councillor George PuilCouncillor Nancy A. Chiavario (Civic Business)
Ken Dobell, City Manager
Nancy Largent
ADOPTION OF MINUTES
The Minutes of the Standing Committee on Planning and Environment meeting of January 8, 1998, were adopted.
RECOMMENDATION
1. Significant Rezoning Applications File: 5304/5305
The Committee had before it a list of significant rezoning applications, prepared by the Planning Department (on file).
Rob Whitlock, Central Area Planner, reviewed an application by Moodie Consultants to rezone 735 Great Northern Way (Finning Tractor site) from M-2 to I-2, to provide for development in accordance with the I-2 zoning district. Mr. Whitlock outlined potential issues and responded to questions concerning the suitability of the I-2 zoning district to meet the needs of high technology industries.
Dave Thomsett, Senior Planner, Land Use Division, reviewed an application by Hancock Bruckner Architects to rezone 1200 Hamilton Street from HA-3 to CD-1, to develop a seven storey building with commercial uses at grade and hotel above, in accordance with the Yaletown guidelines. Mr. Thomsett noted that the application complies in every respect except density with the HA-3 zoning district, and that a heritage density transfer has been applied for. Various issues related to the density were outlined.
The following motion by Cllr. Bellamy was put and carried. The Committee, therefore,
RECOMMENDED
THAT the list of significant rezoning applications, prepared by the Planning Department, be received for information.
- CARRIED UNANIMOUSLY 2. Amenity Bonus Proposal - 488 Robson Street File: 2608
The Committee had before it a Policy Report dated January 16, 1998 (on file), in which the Directors of Office of Cultural Affairs, Land Use and Development, and Legal Services, and the Managers of Real Estate Services and Facilities Development sought Council approval for an amenity bonus proposal for a new mixed-use development at 488 Robson Street (DE 402 595). The property owner has offered to provide a 3,116 sq.ft. ground floor space suitable for a music library and resource centre in exchange for 27,191 sq.ft. of additional density. If approved, the space would be sub-leased to the Canadian Music Centre and Vancouver New Music Society. The General Manager of Community Services recommended approval, as reflected in the recommendations of this report.
cont’d
Clause No. 2 Cont’d
Sue Harvey, Cultural Planner, reviewed the particulars of the cultural amenity bonus, and rationale for recommending approval. Staff consider that the additional density will be balanced by the benefit to the public of a ground floor music library and resource centre.
Mike Kemble, Central Area Planner, reviewed the particulars of the development application, which has been approved in principle by the Development Permit Board subject to Council approval of the cultural amenity bonus. If approved by Council, the complete application is expected to be considered by the Development Permit Board in April of this year. A significant issue concerning the application has been the loss of thirty SRO units through demolition of the four storey Plaza Hotel. The City encourages, but does not require, the retention of SRO housing in this area. The architects for the developer did look at alternate schemes which would have retained the SRO units, but there were many development implications, and the developer was unwilling to undertake it. The developer will be required to submit an acceptable relocation plan for the existing tenants.
Mr. Kemble also reviewed urban design issues. The impact of shadowing is very minor. The tower height increase is not significant because there is not much frontage. There are also several other higher towers in the immediate area. The application was supported by the Urban Design Panel.
Bruce Maitland, Manager of Real Estate Services, reviewed the economics for calculation of the value of the bonus. Mr. Maitland confirmed that the numbers are very reasonable for fully finished space and twenty years operating costs.
The following speakers opposed the cultural amenity bonus:
Barry Hames, Main & Hastings Community Development Society
Kathleen Boyes, Main & Hastings Community Development Society
Neil Hagman, Downtown South Redevelopment Impacts Committee
Sam Campbell, Downtown South Residents Association
Libby Davies, MP, Vancouver East
Linda Mix, Tenants’ Rights Coalition
Sean McEwen, Lower Mainland Network for Affordable Housing
cont’d
Clause No. 2 Cont’d
Following are some of the points made by the foregoing in opposition to the bonus:
·most of the speakers had no objection to a music library, as such, but felt the loss of SRO units greatly outweighed its potential benefit to the community;
·substantial numbers of SRO units are being lost to redevelopment, particularly in downtown areas;
·although it was acknowledged that the City and Province have provided a number of replacement SRO units, there are still not enough available (evidenced by waiting lists);
·the costs of replacement housing are very high;
·SRO tenants are being forced out of their neighbourhoods by redevelopment;
·the loss of SRO hotels leads to prices being jacked up in others, affecting those whose incomes are already inadequate;
·this and previous City Councils have made commitments to SRO residents of the City to protect their housing, and these commitments should be honoured;
·the Province has granted the City the right to pass a by-law to prevent the conversion of SRO units, and the City should either do so immediately, or should declare a moratorium on SRO conversions pending the outcome of the public process;
·civic staff have also indicated concern about the loss of SRO units, and have determined that it is feasible to provide them in this development;
·SRO units could be provided in less desirable locations within the building, such as lower floors facing onto the alley;
·Council should not approve an eighteen storey tower on two small City lots, which will be one of the highest density buildings on a downtown site;
·concerns were expressed regarding setbacks and possible noise impacts on residents of the proposed development
·there will be only a forty-foot separation between this and an adjacent tower;
·the societies which will receive the benefit of the bonus do not require it, since both have existed in the City for twenty years or more;
·there is no need for a music library right next to the new Main Branch of the Vancouver Public Library, which already offers audio resources;
·this particular block is part of an anomalous "finger" in the Downtown District, which should have been designated part of Downtown South and required to adhere to the latter's guidelines;
·the City should hold a public hearing with residents to determine whether the proposed development is excessive and what the community needs.
cont’d
Clause No. 2 Cont’d
The following two speakers supported the cultural amenity bonus.
Clyde Mitchell, Resident Conductor, Vancouver Symphony Orchestra, advised he has worked closely with both Vancouver New Music and the Canadian Music Centre to promote good new music and Canadian composers. The proposed new facility will help the arts flourish and thereby make the City more livable.
Colin Miles, Canadian Music Centre, indicated the proposed facility will not be just a music library but a music centre, a street level presence for contemporary music in the downtown. The centre is, and will continue to be, free and open to the public. There will be virtually no duplication of resources offered by Vancouver Public Library Main Branch.
Larry Beasley, Chair, Development Permit Board, responded to questions regarding the potential for retention of SRO units. Mr. Beasley indicated this could be accomplished in two ways: either by retaining the existing hotel and building around it, a very difficult endeavour; or by providing some units within the new building. However, the developer does not wish to do so, and the decision is at the developer's discretion. Should Council choose not to approve the bonus, the developer has the option either to re-apply with a different bonus proposal, or to apply for a permit within the existing guidelines including a demolition permit for the hotel, without a bonus.
Jill Davidson, Senior Housing Planner, responded to questions regarding SRO conversions, numbers replaced, vacancy rate, social housing categories, and the progress of the City's Housing Plan (which does not include this area). Ms. Davidson also gave particulars of what the City would require in a relocation plan, and confirmed that the tenants wishes regarding location would be taken into account.
Mr. Kemble responded to questions about noise issues, setbacks, and consistency of this proposal with Council's goals for Robson Street. Mr. Kemble also confirmed that there will be approximately $330,000 in demolition fees and other levies resulting from this development. About half will be spent on replacement housing, and the remainder on parks and daycare.
In response to the delegations requesting a public meeting on this issue, the Committee pointed out that approval of the development permit falls to the Development Permit Board, not City Council. It was felt it would, therefore, be misleading for Council to hold such a meeting.
cont’d
Clause No. 2 Cont’d
Some members were not inclined to approve the cultural amenity bonus due to the loss of SRO units. However, the majority supported the bonus, noting it is also important to support culture. It was also noted that the City has replaced a considerable number of lost SROs and will continue to do so, and that refusal of this proposal may ultimately result in demolition of the building with no community bonus resulting.
The following motion by Mayor Owen was put and carried. The Committee, therefore,
RECOMMENDED
A.THAT the applicant’s request for cultural amenity bonus at 488 Robson Street (DE402595) as outlined in this report be approved in principle, subject to the execution and registration in the Vancouver/New Westminster Land Title Office (the "LTO") of an agreement (the "Construction Agreement") between the owner of 488 Robson Street (the "Owner") and the City providing for:
1.the design and construction by the Owner of a cultural amenity space ("Amenity Space") comprised of 3,116 square feet on the ground floor of the development to be constructed pursuant to DP402595 (the "Development") on the terms contained in this report (and any others required by the Director of Legal Services); and
2.the execution and registration in the LTO of a lease of the Amenity Space between the Owner and the City for nominal rent for a term equal to the equivalent of the life of the Development, on the terms contained in this report (and any others required by the Director of Legal Services),
to the satisfaction of the Director of Legal Services in consultation with the Director, Office of Cultural Affairs and the Managers of Real Estate and Facilities Development. The Construction Agreement shall be executed and registered in the LTO prior to issuance of the development permit for the Development.
B.THAT the Director of Legal Services be authorized to execute and register in the LTO the Construction Agreement and, upon completion of construction of the Amenity Space, to execute and register in the LTO the lease of the Amenity Space between the Owner and the City.
cont’d
Clause No. 2 Cont’d
C.THAT the Director of Legal Services be authorized to execute a sublease of the Amenity Space with the Canadian Music Centre and Vancouver New Music Society for nominal rent on the terms set out in this report and on such other terms as are satisfactory to the Director of Legal Services in consultation with the Director, Office of Cultural Affairs and the Managers of Real Estate and Facilities Development.
- CARRIED BY THE
REQUIRED MAJORITY
(Councillors Herbert and Puil opposed)
3. City of Vancouver Regional Context Statement File: 5340
The Committee had before it a Policy Report dated January 10, 1998, in which the Director of City Plans, in consultation with the General Managers of Engineering Services and Parks and Recreation, Manager of Housing Centre and Director of Legal Services, sought Council's endorsement of a Draft Regional Context Statement based on adopted City plans, policies, and regulations. Existing City policies support green zones, complete communities, compact region and transportation policies. Principle concerns include the ability to accommodate more ground-oriented housing in the city and financing the costs associated with growth. The report also outlined a process for adoption of Vancouver's Regional Context Statement. The General Manager of Community Services recommended approval, as reflected in the recommendations of this report.
Ann McAfee, Director of City Plans, noted the Regional Context Statement brings together policies adopted by Council over the past decade, many following substantial public review. Dr. McAfee also outlined the process to be followed for its eventual adoption, following consideration of the draft by the GVRD.
Brian Riera, Senior Planner, Region and Policy Plans, noted that the Regional Context Statement identifies policies the City will pursue over the next twenty years to meet the objectives of the Livable Region Plan. No new policies are proposed.
Dr. McAfee and Mr. Riera also responded to questions regarding residential capacity and other figures, as well as the likelihood of meeting City "quotas".
cont’d
Clause No. 3 Cont’d
The following motion by Councillor Puil was put and carried. The Committee, therefore,
RECOMMENDED
A.THAT the Draft Development Plan to Comply with the Requirement for a Regional Context Statement, attached as Appendix A of the Policy Report dated January 10, 1998, be adopted.
B.THAT the Regional Context Statement Development Plan be forwarded for comment to the board of the Greater Vancouver Regional District, as required under Section 562 (2) of the Vancouver Charter, and to the School Board, as required under Section 562 of the Vancouver Charter.
C.THAT following the receipt of comments:
(i)The Director of City Plans report any proposed changes to the Vancouver Regional Context Statement to Council; and
(ii)The Director of Legal Services prepare for Council a by-law to establish the Vancouver Regional Context Statement Development Plan (as amended if necessary) as an Official Development Plan.
- CARRIED UNANIMOUSLY 4. Rezoning Request for Area 5B of False Creek North
Official Development Plan File: 5302
During the initial presentations on this item, Councillor Clarke ascertained she was in conflict of interest due to potential employment by a family member. The Councillor thereupon left the meeting and did not return until after the vote on this item was concluded. Councillor Sullivan assumed the Chair.
cont’d
Clause No. 4 Cont’d
The Committee had before it a Policy Report dated January 23, 1998 (on file), in which the Director of Central Area Planning, in consultation with the General Manager of Engineering Services, reported on a CD-1 rezoning application for Area 5B, False Creek North Official Development Plan, a piece of land at the north foot of the Cambie Bridge. Staff consider the rezoning premature and believe public interests would be better served when the issues of density, non-market housing, soils and land use patterns, among others, in the area have been appropriately addressed. Staff consider Area 5B a key part of achieving those objectives that could be characterised as a future safety valve, and believe that Concord’s long-term objectives of achieving full ODP density are better protected by not proceeding too quickly with their proposed rezoning.
The General Manager of Community Services and the General Manager of Engineering Services commented that there are a number of issues, and significant changes in the area, that have arisen since the FCN ODP was enacted . Staff believe there are good reasons to review those issues before proceeding with a rezoning for Area 5B. However Pacific Place Holdings Ltd. consider there are also good faith reasons to continue under the existing ODP. Therefore, the following options for processing the application were put forward for consideration:
·THAT a CD-1 rezoning application for Area 5B of False Creek North be accepted in September 1998, following completion of already scheduled work and resolution of outstanding policy issues related to the False Creek North Official Development Plan; or
·THAT a CD-1 rezoning application for Area 5B of False Creek North be accepted and processed now on the basis of the current False Creek North Official Development Plan and recognising that other currently scheduled False Creek North tasks will have to be rescheduled.
cont’d
Clause No. 4 Cont’d
Regardless of Council's decision with respect to processing of the current application,
the General Managers recommended that staff proceed with terms of reference for an urban design study of the area, as follows:
·THAT the Director of Central Area Planning, in consultation with appropriate staff and Pacific Place Holdings Ltd., report back on terms of reference and a funding proposal to undertake an urban design study of North East False Creek to reconcile the various needs and patterns of development and circulation as well as soils issues in the area.
Jonathan Barrett, Planner, Major Projects Group, reviewed the report and explained staff have four primary concerns: density, non-market housing, a significant soils contamination problem, and accommodation of new factors recognized since the approval of the original FCN ODP. Mr. Barrett also responded to queries re how these concerns might be handled.
Larry Beasley, Director of Central Area Planning, provided further clarification regarding staff concerns and the need for an urban design review. Mr. Beasley also commented upon the need to retain flexibility to best address these issues. In response to a query, it was explained that ODPs precede the site specific rezonings in the case of major developments such as False Creek North.
Ken Dobell, City Manager, pointed out that additional staff are not recommended, and that current staff cannot accommodate all the proposed projects as well as Area 5B. Mr. Dobell recommended that should Council instruct staff to proceed with the application at this time, staff be instructed to report back on which resources will be affected. Mr. Dobell also commented upon the issue of holding up an application once an ODP is in place, and provided clarification on the soils remediation.
Ted Droettboom, General Manager of Community Services, clarified that Area 5B would likely be included in the urban design review even if the application goes ahead now.
cont’d
Clause No. 4 Cont’d
Jon Marcoulis, Pacific Place Holdings Ltd., advised that Wall Financial Corporation wishes to purchase the site for a development within the guidelines of the FCN ODP. The site has been held for an extended period while considerable time and resources were used to develop the ODP. The site which is the subject of the application has never been identified for social housing, and soil remediation is the responsibility of the provincial government. Regarding the issue of resources, the owners are willing to adjust the schedule for another project, Quayside Marina, in order to accommodate this rezoning. The owners will also be happy to work with Planning to further improve urban design, but are not willing to wait another year for the outcome of an urban design study and wish this site to be exempted. Mr. Marcoulis acknowledged that full ODP density may not be achieved for Area 5B if the application proceeds, as requested, prior to completion of the proposed urban design study.
Queried regarding resources, Mr. Beasley acknowledged the offer to hold off on Quayside Marina, but was unable to say whether the same resources would have been required. Staff will have to review the question and work to minimize scheduling impacts. Mr. Beasley also suggested that it would be sufficient, for purposes of processing the application now, to exclude use and density of Area 5B from the urban design study. Mr. Marcoulis indicated this would be acceptable to the owners.
Noting this area will be heavily used, the Committee felt the proposed urban design study would be useful. However, as a matter of "good faith", it was felt the rezoning application should not be held up in the interim.
The following motion by Mayor Owen was put and carried. The Committee, therefore,
RECOMMENDED
A.THAT a CD-1 rezoning application for Area 5B of False Creek North be accepted and processed now on the basis of the current False Creek North Official Development Plan, recognizing that other currently scheduled False Creek North tasks will have to be rescheduled, and that staff report back to Council on a new schedule for all tasks.
cont’d
Clause No. 4 Cont’d
The following motion by Cllr. Kennedy was put and carried. The Committee, therefore,
RECOMMENDED
B.THAT the Director of Central Area Planning, in consultation with appropriate staff and Pacific Place Holdings Ltd., report back on terms of reference and a funding proposal to undertake an urban design study of North East False Creek to reconcile the various needs and patterns of development and circulation as well as soils issues in the area;
FURTHER THAT use and density of Area 5B of False Creek North be excluded from the urban design study.
(Councillor Clarke not present for the vote)
The meeting adjourned at 5:15 p.m.
* * * * *
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