CITY CLERK'S OFFICE

CITY OF VANCOUVER

M E M O R A N D U M

DATE: July 2, 1998 File: PH362

TO: Vancouver City Council

FROM: Tarja Tuominen, Administrative Assistant to Council Committees

SUBJECT: Text Amendment: 4255 Arbutus Street (Arbutus Village Centre)

On June 22 and 23, 1998, Council heard from 55 speakers at the Public Hearing to consider the proposed text amendment to 4255 Arbutus Street.

The Public Hearing concluded on June 23rd and Council agreed a final decision on the application will be made at the July 7th Regular Council meeting.

Larry Beasley, Director of Central Area Planning, and Tom Phipps, Planner, will be present to provide closing comments from staff on the application, and to respond to questions from members of Council.

Accordingly, the following materials (Limited Distribution) are resubmitted for reference:

-Public Hearing Agenda dated June 22, 1998, with attachments;

-Memorandum dated June 22, 1998, from T. Phipps, Rezoning Planner, Land Use Control;

-Memorandum dated June 22, 1998, from the Director of Legal Services;

-Memorandum dated June 18, 1998, from Director of Legal Services.

Minutes 6 refer. (attached)

TT:dm

CITY OF VANCOUVER

SPECIAL COUNCIL MEETING MINUTES

June 22/23, 1998

A Special Meeting of the Council of the City of Vancouver was held on Monday, June 22, 1998, at 6:30 p.m. in the Hellenic Community Centre, 4500 Arbutus Street, Vancouver, B.C., for the purpose of holding a Public Hearing to consider proposed amendments to the Zoning and Development By-law. Subsequently, the meeting reconvened at 7:30 p.m. on Tuesday, June 23, 1998, in the Council Chamber, third floor, City Hall.

PRESENT: Mayor Philip Owen

Councillor Don Bellamy

Councillor Nancy A. Chiavario

Councillor Jennifer Clarke

Councillor Alan Herbert

Councillor Lynne Kennedy

Councillor Daniel Lee

Councillor Don Lee

Councillor Gordon Price

Councillor George Puil

Councillor Sam Sullivan

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. Text Amendment: 4255 Arbutus Street

(Arbutus Village Centre)

An application by James Hancock, Architect, was considered as follows:

Summary: The proposed amendment to CD-1 By-law No. 4634 for Arbutus Village, bounded by Arbutus and Yew Streets, Valley and Eddington Drive, and King Edward and Nanton Avenues, would permit development of two 6-storey multiple dwellings containing 142 dwelling units at 4255 Arbutus Street (Lot 2, D.L. 526, Plan 14750).

The Director of Central Area Planning, on behalf of Land Use and Development, recommended approval of the application, 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 James Hancock, Architect, and stamped "Received City Planning Department, April 11, 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 step the upper storeys of the multiple dwelling adjoining Arbutus Street to reduce scale on Arbutus Street;

(ii)delete portions of the 6th and 5th storeys of the multiple dwelling facing Nanton Avenue to reduce scale and strengthen the building rhythm along Nanton Avenue;

(iii)set back the top storey of the west facing multiple dwelling so that the upper storey is not apparent from the view of pedestrians using the public path from the corner of Nanton Avenue and Yew Street;

(iv)glaze the east facing wall of the main lobby in the westerly building adjoining the exterior pedestrian ramp to improve visibility and surveillance;

(v)widen the pedestrian ramp from the corner of Nanton Avenue and Yew Street to 1.6 m on each side of the support pillars;

cont’d

Clause No. 1 (cont’d)

(vi)maximize recreational usability of all roof surfaces for building residents;

(vii)design development to townhouses adjacent to Nanton Avenue, to achieve a distinct expression from the apartment structure to which they would be attached;

(viii)detailed specification of exterior materials to include brick as shown in form of development plans;

(ix)conversion of proposed public amenity spaces to building amenities or dwelling units, noting that privacy must be ensured for the latter;

(x)design development to reduce opportunities for theft and nuisance in the underground parking;

(Note to Applicant: Bicycle parking compounds should be fully secured. Consideration should be given to securing commercial parking during non-operating hours.)

(xi)design development to reduce fear in underground parking;

(Note to Applicant: Design underground parking exit stairs and lobbies to be visibly open in accordance with Parking By-law Section 4.12 and painted white. Open exit stairs to the surface parking area should be visibly open, wider, landscaped (including trees) at the lower parking levels and designed to allow maximum daylight into underground parking.)

(xii)design development to reduce opportunities for break and enter to ground level residential units, particularly along the pathway on the west property line;

(Note to Applicant: This can be achieved by having units raised slightly above the pathway or street with open landscaping. Consider improving security to these units.)

(xiii)design development to reduce opportunities for conflicts and nuisance on the public pathway through the proposed development;

cont’d

Clause No. 1 (cont’d)

(Note to Applicant: This can be achieved by: providing highly defined public and semi-private territory; providing clear and open landscaping; encourage users to pass through the area rather than hanging out; and providing garbage containers.)

(xiv)clarification to the satisfaction of the General Manager of Engineering Services, of:

-the largest semi-trailer intended to serve the shopping centre, in order to determine adequate semi-trailer egress from loading spaces; and

-the existing loading bay connections to the Safeway store;

(xv)provide an undertaking to maintain security patrols (such as bicycle patrols) of all structured parking areas during all commercial operating hours and at a frequency as recommended by Vancouver City Police;

(xvi)comments of the Special Advisory Committee on Seniors resulting from a review by the Committee of development application drawings;

(xvii)any trees deemed suitable for transplanting are considered for relocation on site or in a nearby public space, such as a park, at the time of Development Permit application; and

(xviii)a comprehensive existing tree inventory identifying trees for relocation, retention, or removal be completed as part of the Development Application process by a Landscape Architect or certified Arborist.

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

(i)make arrangements to the satisfaction of the City Engineer and Director of Legal Services, all at the developer's expense, for:

-street modifications and signalization of the new main vehicular access from Arbutus Street, to the shopping centre;

cont’d

Clause No. 1 (cont’d)

-a traffic consultant is to work with Engineering Services staff to coordinate the development's access requirements with the related pedestrian and vehicular signalization, and street geometric requirements including curbline bulges on the north side of Nanton Avenue at Arbutus Street and on both sides of Yew Street at Nanton Avenue;

-upgrading and extension of the watermains on Arbutus and Yew Streets to serve this site (estimated developer's cost is $50,000.00 in 1996 dollars);

-undergrounding of all utility services for this site from the closest existing suitable pole; and

-control of the discharge of storm water from the site to the City storm water/sewer system, and on-site control or retention of storm water that may affect neighbouring properties. Provision of a detailed report of expected storm water discharge rates is required;

(ii)execute a legal agreement satisfactory to the Director of Legal Services, committing the applicant to participate in the City Public Art Program and obtain approval by the Director of Cultural Affairs of a Preliminary Public Art Plan;

(iii)register a covenant to the satisfaction of the Director of Legal Services providing that adaptable housing features listed in Appendices A-1 and A-2 of the RBO Architecture letter dated March 31, 1997 to Art Phillips, Larco Enterprises Inc., be completed to the satisfaction of the Director of Planning prior to residential use and occupancy of buildings on the site; and

(iv)pay to the City $5,244,000.00 as a Community Amenity Contribution, a portion or all of which may eventually be applied, to the extent the Director of Finance (in his sole discretion) considers permissible, to any City Development Cost Levy payable in relation to this rezoning proposal.

cont’d

Clause No. 1 (cont’d)

Also before Council was a memorandum, dated June 22, 1998 from Tom Phipps, Rezoning Planner, Land Use Control, advising the draft CD-1 by-law in the agenda package for the Public Hearing does not fully and correctly incorporate the provisions in the staff report dated November 12, 1998. Staff recommend the following amendments to the draft by-laws, noting the revisions are consistent with the content of the legal advertisement and notification letter for this Public Hearing:

A. In the By-law labelled "4255 Arbutus Street" in upper left corner of first page

1.In Section 1 - Uses, replace the words "The area shown included within the heavy black outline on Schedule "A", which is attached to and forms part of this by-law, shall" with "The provisions of this by-law apply to the area shown included within the heavy black outline on Schedule "A", which is attached to and forms part of this by-law (which area is a part of a larger area zoned CD-1 by By-law No. 4634), which area shall".

2.In clause 1(b), replace the words "artist studios" with the words "artist studio - class A".

3.In clause 2.4(c), insert after the words "parking and loading,", the words "the taking on or discharging of passengers,".

4.In clause 5(c), delete the word "27.8²" and substitute the words 27.8 m²".

B In the By-law labelled "Arbutus Village" in upper left corner of first page

1. Delete clause 1(a) and substitute the following:

"1(a)by inserting immediately after the words "The area shown outlined in black on the said plan is rezoned CD-1," the following:

"and the area shown included within the heavy black outline on Schedule A, which is attached to and forms part of this by-law, but not including the portion that is shown hatched, shall be more particularly described as CD-1(78),".

cont’d

Clause No. 1 (cont’d)

2. Renumber section 3 as section 4 and insert the following new section 3:

"3.By-law No. 4634 is further amended by adding to it as Schedule A the Schedule A which is attached to and forms part of this By-law.."

C. Both By-laws

The legend on the schedules attached to both draft by-laws should be amended by deleting the words "The property outlined in black (___) is proposed to be rezoned: From CD-1 to CD-1".

Staff Comments

Tom Phipps, Planner, presented a brief overview of the application. Mr. Phipps noted the proposed development will not displace housing, employment opportunities or trees. The displaced commercial parking will be replaced below grade. The development will be located close to services and transit. Traffic impacts are limited. Staff recommend approval. Mr. Phipps also drew Council’s attention to the memorandums from the Director of Legal Services dated June 18 and 22, 1998, previously circulated (on file), regarding the payment of the Community Amenity Contribution at a future date.

Applicant Comments

The following representatives for the applicant described the proposal, with the aid of overhead slides:

·Wink Andres, Senior Vice-President, Larco Enterprises Inc.

·Jim Hancock, Architect, Hancock, Brückner, Eng & Wright

·Ben Ostrander, Architect, RBO Architecture

·Paul Bunt, Traffic Engineer, Bunt & Associates.

The foregoing highlighted several aspects of the application, including:

·the background to the application;

·an extensive community consultation process;

·an overview of the conceptual design of the project;

·the response to address identified security concerns;

cont’d

Clause No. 1 (cont’d)

·the proposed enhancement of the existing shopping centre;

·the accessibility and usability features of the project;

·projected traffic impacts;

·proposed improvements to traffic control and access to the shopping centre.

Summary of Correspondence

Council was advised the following correspondence was received:

·letter and brief summary of the project dated June 17, 1998, from Larco Investments Ltd.

·eight letters opposed to the application

·letter from Ishtar Investments Inc., owner of Arbutus Manor, generally in support of the application if all of its residents’ concerns relating to health and safety issues are dealt with in a satisfactory manner;

·letter from Tenants Rights Action Coalition expressing concerns regarding public amenities and affordable social and rental housing on the site.

Speakers

The Mayor called for speakers for or against this application and a total of 55 speakers addressed Council over the course of the two evenings.

The following spoke in favour of the application:

·Malcolm Craig (letter filed)

·Betty Backman

·Barbara Parson

·Tom Whittall

·George Crawford

·Leslie Bullock

·Donald Laing

·Sig Techy

·Arlene Butler

·Noreen Lamb Christopherson (letter filed)

·Bill Bogaardt

·Phyllis Diana Lavelle

cont’d

Clause No. 1 (cont’d)

·Bryce Margetts

·Peter Katevatis

·Scott Wells

·Gillian Watson, Special Advisory Committee on Seniors

·Leroi Daniels

·Robbie McKenzie

·Bruce Chown

·Robin Van Heck

·Sandra Lang

·Mary Williams, B.C. Coalition of People with Disabilities

·Bill Wan

·Stephen Chan

·Tony Letvinchuk

·Beverley Thomas

·Karen Travis.

The foregoing supported the application based on one or more of the following grounds:

·the proposed development will provide needed additional density to protect the viability of the shopping mall and improve the stores and mix of shops; the mall will be open more hours and the restaurant will be re-opened;

·the proposed "aging in place" concept is a much needed form of housing, and will adapt to seniors’ changing needs;

·the number of seniors is increasing; this type of development allows seniors the opportunity to remain in their own neighbourhood and to live independently;

·the designed parking facilities will ensure adequate, accessible and convenient parking for customers, with protection from adverse weather conditions;

·the development will create a safe pedestrian route to the centre and the proposed signalized intersection will improve access to and exit from the shopping mall, as well as improve the traffic flow;

·the development will be close to shopping, accessible transit, other amenities;

·many people cannot afford single family residences; cannot send everyone to the Fraser Valley; need to have additional choices in the city;

·the development will not be displacing parks, homes, or trees;

· the traffic analysis shows there will be minimal impact on the neighbourhood;

cont’d

Clause No. 1 (cont’d)

·the additional density will also provide a base of riders for improved transit and increase the frequency of transit service in the area;

·all new design and construction should adhere to universal design standards;

·hope Council and developer will work together to develop some amenities of direct benefit to seniors in the proposal.

The following speakers opposed the application:

·Jack Volrich

·Karen Thomson

·Steve Floris

·Shirley Bowers

·H.M. Speirs (petition with 1,642 names opposing the application filed)

·Orene Robinson

·Colin Connor

·John Heath

·Susie Ning

·Jack Singer

·Doreen Braverman

·Moira Notman

·Jim Skelton

·Emilie Sion (letter filed)

·Charles Flavelle

·Hans Philipp

·Don Marquardt

·Hilda Ko

·William Lees

·Michael Roburn

·Barbara Speirs

·Margaret MacDonald

·Barbara Norris

·Graham Wright

·Sanford Crawford.

cont’d

Clause No. 1 (cont’d)

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

·the application proposes a substantial increase in density;

·the proposed density for Arbutus Village site should not be compared to the density allowed in a commercial district;

·the community should be consulted about what type of development it wishes, and the development should reflect the wishes of the people who live in the area;

·the proposed development will provide high cost market housing for the very few who can afford it and will not provide affordable housing for seniors or the disabled;

·the community will also have to absorb other large housing developments which are being proposed in the area, for example, Arbutus Gardens, Quilchena Gardens, and a proposed Greek seniors home;

·the GVRD Livable Region strategy encourages the growth of town centres and decentralizing population growth in the Greater Vancouver region, not centralizing growth in the city;

·the apartments will be sold to anyone who wishes to buy them, not just seniors; families may also purchase units, which will then increase the load on schools; overcrowding in the schools will mean portables, an overload on resources such as library and gym space;

·the development will create an increase in traffic congestion and parking demands, resulting in safety concerns; and an increase in noise and pollution in the neighbouring area;

·the proposed underground parking for the Arbutus Shopping Centre raises security concerns particularly for seniors and women;

·area residents will be forced to shop elsewhere to avoid unsafe underground parking area;

·currently there are a large number of empty condo units in the City of Vancouver; why do we need more?

·there are fears once the rezoning is approved, Larco may demolish the existing shopping centre to put up additional units, thereby increasing the density in the area even more;

·area residents want no more intrusions by developers;

·the proposed six-storey building will completely dominate and overwhelm the residential neighbourhood, obstruct light for neighbouring residences, and destroy the ambience of the area;

cont’d

Clause No. 1 (cont’d)

·can the existing roads, sewers, and water pipes can handle the increased density;

·the densification process should be slowed down; figures show there is not as rapid growth as originally projected.

Sean McEwen, Kits-Arbutus Residents Association, expressed concern with the public benefits proposed as part of the conditions for the application. He hoped the public benefit package would be increased if the application is approved.

Barbara Rodman supported the application in principal, however questioned that all three cornerstones of universal design (accessibility, usability, affordability) are being addressed positively. Ms. Rodman also expressed concerns regarding the school capacity, affordability of the units for young couples, and Larco’s ability to meet safety and sustainability needs.

John Silbernagel suggested all rezoning applications should be put to a plebiscite to allow citizens to participate more fully in the decision making process.

Conclusion

At the conclusion of the hearing of the speakers, Mayor Owen advised that a final decision on this application would be made at the July 7, 1998 Regular Council Meeting as Unfinished Business.

Staff were requested to provide the following additional information:

1.Could a single level of parking be located at ground level, open to view, and with the tower above?

2.Could the City ensure retention of the shopping centre?

3.A clarification of the discussions heard from delegations as to whether this a zoning issue or a by-law issue?

4.Would affordable housing be able to be achieved within the framework of what was considered for the Public Hearing, should Council wish to consider it?

cont’d

Clause No. 1 (cont’d)

5. Is there any information from the School Board as to the school capacity issue?

6.If the housing that is being discussed as "aging in place" is supposed to be dedicated to seniors and/or persons with disabilities, does Council need to discuss having a covenant to ensure the continuation of that?

7.What happens if the developer sells the property after a rezoning is approved? Is there any possibility within the legal ability of this Council to ensure that should that occur, the rezoning does not go with the sale?

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. Price,

THAT the report of the Committee of the Whole be adopted.

- CARRIED UNANIMOUSLY

The Special Council adjourned on June 23, 1998 at 9:55 p.m.

* * * * *

(c) 1998 City of Vancouver