Public Hearing Minutes, March 24, 1998

CITY OF VANCOUVER

SPECIAL COUNCIL MEETING MINUTES

March 24, 1998
A Special Meeting of the Council of the City of Vancouver was held on Tuesday, March 24, 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 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 Sam Sullivan
   ABSENT:      Councillor Jennifer Clarke (Leave of Absence)
            Councillor George Puil
   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 By-law.

- CARRIED UNANIMOUSLY
1. Miscellaneous Text Amendments
An application by the Director of Land Use and Development was considered asfollows:
Summary: The amendments would correct or clarify various sections of the Zoning and Development By-law, CD-1 By-laws and Official Development Plans.
The Director of Central Area Planning, on behalf of Land Use and Development, recommended approval.
Staff Comments
David Murphy, Planner, advised miscellaneous text amendments are prepared every few years to improve various by-laws relating to development control. Some of the amendments included in the application are: to allow a development permit to be renewed more than once; to permit front yard setbacks to be varied when they conflict with established building lines; to exclude covered porches from the permitted floor space, in various districts, to be consistent with other district schedules; and to extend the 15% hotel FSR bonus to sites in Sub-Area O.
In response to a question, Jacquie Forbes-Roberts, Director of Community Planning, advised discussions are underway with the Architectural Institute of B.C. regarding the issue of building overhangs. Staff will be bringing forward a series of amendments to encourage the use of more overhangs and to improve building structures to address the "leaky condo" problems.

Summary of Correspondence
No correspondence was 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
2. Text Amendment: Awning Signs
(Sign By-law Amendment)
An application by the Director of Land Use and Development was considered as follows:
Summary: The amendment would revise the regulations in the Sign By-law which apply to signs on awnings, in response to suggestions made by representatives of the awning industry.
The Director of Central Area Planning, on behalf of Land Use and Development, recommended approval.
Staff Comments
Pat Johnston, Planner, briefly reviewed the application. The recommended amendments will allow the vast majority of awning permits to be processed and issued by staff without referral to Development Permit, Engineering or Heritage staff. The amendments will streamline the process while ensuring awning structural integrity. The awning industry representatives have agreed with the requirement to include engineering structural drawings with the permit application.
Summary of Correspondence
No correspondence was received on this application.
Speakers
Mayor Owen called for speakers for and against the application, but none were present.
MOVED by Cllr. Chiavario,
THAT the application be approved.
- CARRIED UNANIMOUSLY
3. Text Amendments: 1529 West Pender Street
An application by Busby & Associates Architects was considered as follows:
Summary: The proposed amendments to CD-1 #312 and the Coal Harbour Official Development Plan would permit an increase in the number of dwelling units and height, and reduce the number of parking spaces.
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 Busby and Associates Architects and stamped "Received City Planning Department, November 6, 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)design development to the layouts of the residential units to provide greater variety in unit type and size, and to provide usable private open space for each unit, in the form of open, enclosed or "French" balconies;
(ii)design development to the podium level amenity and deck areas to maximize their usability for residents and to improve the deck’s appearance when viewed from above;
(Note to applicant: Consideration should be given to accommodating urban gardening container systems, and other landscaping on the podium roof.)
(iii)design development to the western party wall of the commercial podium to improve its interface with adjacent approved residential development;
(Note to applicant: Consideration should be given to breaking up the expanse of wall with window openings, recessed sections, or other architectural treatments.)
cont’d
Clause No. 3 (cont’d)
(iv)lowering of the pedestrian canopy on Pender Street to an approximate height of 3.1 m (10 ft.) above the sidewalk to improve its effectiveness for weather protection;
(v)design development to take into consideration the principles of CPTED (Crime Prevention Through Environmental Design) having particular regard to reducing opportunities for theft in the underground parking garage, break and enter, vandalism such as graffiti.
(c)THAT, prior to enactment of the amending By-Law, and at no cost to the City, the registered owners shall:
(i)execute an agreement, satisfactory to the Director of the Office of Cultural Affairs and the Director of Legal Services, for the provision of public art in accordance with the City’s Public Art Policy, such agreement to provide for security in a form and amount satisfactory to the aforesaid mentioned officials;
(ii) make suitable arrangements, to the satisfaction of the General Manager of Engineering Services, for all electrical and telephone services to be underground within and adjacent of the site from the closest, existing suitable service point;
(iii) execute an agreement, to the satisfaction of the Director of Legal Services, not to discriminate against families with children in the sale of residential units;
(iv)execute a Housing Agreement to the satisfaction of the Director of Legal Services and the Manager of the Housing Centre to secure the rental tenure in perpetuity;
(v)make suitable arrangements, to the satisfaction of the General Manager of Engineering Services for the provision of sidewalk, curbing and street trees.
(vi)make suitable arrangements, to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services for the dedication of a 1.5 m x 1.5 m corner cut-off at the southeast corner of the site;
cont’d
Clause No. 3 (cont’d)
(vii)execute an agreement drawn to the satisfaction of the Director of Legal Services and the General Manager of Engineering Services providing for the continuing support of Pender Street insofar as this support may be affected by any development of the site; and
(viii)make suitable arrangements, to the satisfaction of the General Manager of Engineering Services that parking associated with commercial uses must be available to residents’ visitors outside of business hours.
Where the Director of Legal Services deems appropriate the preceding agreements are to be drawn, not only as personal covenants of the property owner, but also as Covenants pursuant to Section 215 of the Land Title Act.
The preceding agreements are to be registered in the appropriate Land Title Office, with priority over such other liens, charges and encumbrances affecting the subject site as is considered advisable by the Director of Legal Services, and otherwise to the satisfaction of the Director of Legal Services prior to enactment of the by-law; provided however the Director of Legal Services may, in her sole discretion and on terms she considers advisable, accept tendering of the preceding agreements for registration in the appropriate Land Title Office, to the satisfaction of the Director of Legal Services, prior to enactment of the by-law.
The preceding agreements shall provide security to the City including indemnities, warranties, equitable charges, letters of credit and withholding of permits, as deemed necessary by and in a form satisfactory to the Director of Legal Services.
The timing of all required payments shall be determined by the appropriate City official having responsibility for each particular agreement, who may consult other City officials and City Council.
(d) THAT, if approved at Public Hearing, the by-law be accompanied at the time of enactment by the "Marina Neighbourhood CD-1 Guidelines for Land Development" to be amended by resolution of Council.
cont’d
Clause No. 3 (cont’d)
Staff Opening Comments
Michael Gordon, Planner, explained the proposal is for a residential rental tower with some retail. The application is an already approved form of development for the site. However, the applicant proposes a number of changes: an addition in the total number of residential units; a reduction of parking spaces; and an increase in the tower height. No increase in floor space ratio is requested. The application is an improvement to the original application, as the proposal is a slimmer building and provides smaller and more affordable rental units. Staff recommend approval.
Paul Pinsker, Transportation Engineer, advised the parking requirement for the site has been reduced, as the unit sizes have become smaller. The number of parking spaces proposed is 210; 30 commercial spaces will be made available for visitors outside of office hours. The general Coal Harbour formula for parking requirement has a higher standard. However this site can support a lower parking formula. It is not top of the line and therefore, will not attract as affluent an occupant, with as high a car ownership.
Applicant Comments
Peter Busby, applicant, explained two standards for parking requirements have been developed for Downtown South. As the application proposes units similar to the smaller Downtown South units, it is appropriate to apply the same parking requirement formula.
Correspondence

A review of the correspondence indicated the following:
- 5 letters in support of the application;
- 4 letters opposed.
Speakers
Don Buchanan, representing BEST, supported the application. The resident bicycle parking spaces are located in an ideal site which is dry, visible and convenient. However, as the building is located close to the water and will be rental, there may be a need for increased visitor spaces.
cont’d
Clause No. 3 (cont’d)
Paul Pinsker, Transportation Engineer, advised the requirement is for six visitor spaces.
Peter Busby, applicant, advised he is willing to consider reapportioning some of the resident bicycle spaces for visitor spaces.
MOVED by Cllr. Price,
THAT the application be approved, subject to the conditions as set out in this minute of the Public Hearing.
FURTHER THAT THE issue of visitors versus residents bicycle parking be considered by the Development Permit Board.
- 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 8:10 p.m.
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