Public Hearing Minutes - September 15, 1998

CITY OF VANCOUVER

SPECIAL COUNCIL MEETING MINUTES

SEPTEMBER 15, 1998
A Special Meeting of the Council of the City of Vancouver was held on Tuesday, September 15, 1998, at approximately 7:35 p.m. in the Council Chamber, Third Floor, City Hall, to consider proposed amendments to the Zoning and Development By-law.
PRESENT: Mayor Philip Owen
Councillor Don Bellamy
Councillor Jennifer Clarke (Items 3 and 4)
            Councillor Alan Herbert
            Councillor Lynne Kennedy
            Councillor Daniel Lee
            Councillor Don Lee            
            Councillor Sam Sullivan
   ABSENT:      Councillor Chiavario (Sick Leave)
            Councillor Gordon Price 
            Councillor George Puil (Civic Business)
   CLERK TO THE
   COUNCIL:      
Nancy Largent
COMMITTEE OF THE WHOLE
MOVED by Cllr. Bellamy,
SECONDED by Cllr. Don Lee,
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. Rezoning: 1001 Hornby Street, 1050 Burrard Street,
and 1088 Burrard Street (Wall Centre)
Before any discussion began on this item, Councillor Clarke stated she was in conflict of interest on items 1 and 2 because a family member has done work for the developer, and withdrew at 7:40 p.m.
An application by Busby and Associates Architects was considered as follows:
Summary: The proposed rezoning from DD (Downtown District) to CD-1 (Comprehensive Development District) would permit heritage density transfers from 750 Burrard and 440 Cambie Street to increase the density of the previously approved Phase II of the Wall Centre development.
The Director of Central Area Planning, on behalf of Land Use & Development, recommended approval of the application, subject to the following conditions as proposed
for adoption by resolution of Council:
(a)THAT the form of development for Site 1 be approved by Council as illustrated in plans prepared by Bruno Freschi Architects and approved by the Director of Planning in Development Permit No. DE 213934 issued December 3, 1992 and as illustrated in plans prepared by Bruno Freschi Architects and approved by the Director of Planning in Development Permit No. DE 216143 issued June 9, 1994, and provided that the Director of Planning may allow minor alterations to this form of development as outlined in (c) below.
(b)THAT the proposed form of development for Site 2 be approved by Council in principle, generally as prepared by Busby and Associates, Architects, and stamped "Received City Planning Department, May 15, 1998", 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 (c) below.
(c)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 podium to:
•pull it back from the Hornby/Nelson corner to expose more of the dynamic tower shape at this corner;
•consider incorporating weather protection at the Hornby/Nelson corner;
•more closely align it with the tower’s curve on its northwest face, so as not to detract from the tower’s dynamic shape; and
•increase its transparency to add vitality and activity to the surrounding streets and open spaces;
(ii)design development to the tower’s cap to recapture the sculptural quality evident in the previous approval for what will be the tallest building in Vancouver; and
(iii)design development to the landscape architecture and perimeter uses at the edge of Volunteer Square to make this important space an inviting, active, highly integrated component of the Public Realm.
(d*)THAT, prior to enactment of the CD-1 By-law, the registered owner shall:
(i)obtain approval of a compatible subdivision plan to alter a portion of the common boundary between LMS1689 and Lot 2, Plan LMP17390, to the satisfaction of the subdivision Approving Officer; and confirm full registration of the subdivision plan and any accompanying documents at the Land Title Office, to the satisfaction of the Director of Legal Services; and
(ii)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.
* This clause was erroneously referenced as a second "c" in the original report.
Staff Comments
Rob Whitlock, Rezoning Planner, reviewed the application, including locations and uses of the increased density. Changes to the form of development are minor, and overall height remains the same. Staff support the application because it is consistent with Council policy regarding transfer of heritage density.
Applicant Comments
Peter Busby, Busby and Associates, responded to questions regarding the form ofdevelopment and signage, to which there has been no change.
Summary of Correspondence
Council received no correspondence on this application.
Speakers
Sean McEwen, 1900 Block West 14th Avenue, did not object to any features of the proposed development, but wished to address the issue of public amenities. This amount of additional density is a substantial benefit to the developer, and public amenity contribution should be levied accordingly. Revenue is needed to pay for housing and other incentives. Mr. McEwen questioned whether heritage preservation alone is a sufficient benefit, and requested a review of the financial analysis to ensure that the public is getting full benefit.
The Mayor called for any other speakers on the application, but none came forward.
Applicant Closing Comments
Mr. Busby reminded Council that the developer is purchasing this density at a cost of approximately $ 4 million. The project is also absorbing a large part of the surplus density available for sale.
Staff Closing Comments
There were no staff closing comments.
Council Discussion
Council felt that the proposal constitutes an interesting addition to the development. The developer is not being given the density for free, but is paying for it. Viability of the transfer of heritage density program is a benefit to other heritage buildings. There are already other benefits provided, including additional parking and Volunteer Square.
MOVED by Cllr. Kennedy,
That the application be approved, with conditions as set out in the Minute of the Public Hearing.
- CARRIED UNANIMOUSLY
2. Text Amendment: 750 Burrard Street
(Transfer of Density to 1001 Hornby Street)
An application by the Co-Director of Planning, on behalf of Land Use & Development, was considered as follows:
Summary: The proposed text amendment would allow the transfer of heritage density to Phase II of the Wall Centre at 1001 Hornby Street.
(Note: A similar density transfer from 750 Burrard Street to 1200 Hamilton Street was approved June 25, 1998, 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 Street would be further reduced.)
The Director of Central Area Planning, on behalf of Land Use & Development, recommended approval of the application.
Staff Comments
Rob Whitlock, Rezoning Planner, explained this application is an administrative follow-up to the previous application, amending the FSR for 750 Burrard Street, the former Main Library.
Summary of Correspondence
Council received no correspondence on this application.
Speakers
The Mayor called for speakers for or against the application, but none came forward.
Council Discussion
MOVED by Cllr. Don Lee,
THAT the application be approved.
- CARRIED UNANIMOUSLY
(Councillor Clarke returned after the vote had been taken
on the foregoing, at 8:02 p.m.)
3. Text Amendment: 6184 Ash Street (Peretz Institute)
An application by Victor Tam, Nigel Baldwin Architects, was considered as follows:
Summary: The proposed amendment to CD-1 By-law No. 3907 would permit the replacement of the Peretz Institute and development of a maximum of 50 dwelling units.
The Director of Central Area Planning, on behalf of Land Use & 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 Nigel Baldwin, Architect, and stamped "Received City Planning Department, April 21, 1998", 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 incorporate CPTED principles (Crime Prevention Through Environmental Design), particularly to reduce opportunities for:
•graffiti on blank lane walls;
•mischief in lane alcoves;
•theft in underground parking; and
•break and enter to ground level residential units;
(ii)design development to achieve functional exterior access to 13 grade- level apartments;
(iii)submission of a detailed landscape plan, showing provision of a 0.6 m (2 ft.) landscape strip adjoining the cultural centre; and
(iv)deletion of the special paving shown in the laneway.
(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 for provision of:
•a speed hump in the lane east of Ash Street south of the site, in consultation with the neighbourhood and all at the developer’s expense; and
•a sidewalk, including handicapped sidewalk ramps on the east site of Ash Street adjacent the site, all at the developer’s expense.
(ii)make arrangements for all new electrical and telephone services to be undergrounded within and adjacent the site from the closest existing suitable service point;
(iii)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; and
(iv)contribute $11,500 towards traffic calming measures along West 45th Avenue and Ash Street.
[Note: Established as a condition of rezoning for 620 West 45th Avenue (former Vancouver Police Sub-station site) that cost of mitigation measures along West 45th Avenue and Ash Street would be shared with the St. John and Peretz sites, in a direct ratio to the amount of development on each site.]
Staff Comments
Rob Whitlock, Rezoning Planner, advised that this and the following application were undertaken in the context of the Oakridge-Langara Policy Statement. Both institutions have remained consistent in size for many years.
Mr. Whitlock then reviewed the application for replacement of the Peretz Institute and development of a maximum of 50 housing units with reference to a model. The proposal is consistent with the Oakridge-Langara Policy Statement, with a proposed FSR 14% higher than the existing floor space, less than could have been requested. There are community concerns related to traffic arising for a number of projects being undertaken in this general location. The Engineering Department has costed traffic requirements, and these are included in the cost of the development.
Applicant Comments
Dale McClanaghan, VanCity Enterprises, noted that consistent with the Oakridge-Langara Policy Statement, a maximum of 50 housing units will be built to finance the redevelopment of the Peretz Institute. Such creative partnerships are required for the development of needed housing.
Nigel Baldwin, Architect, outlined measures undertaken to retain the development's compatibility with the neighbourhood. Child Daycare and Social Services Centre are proposed as uses; Mr. Baldwin requested Council specifically include these in the list of approved uses to ensure there is no future confusion.
Noting Social Service Centre may include some medical uses, Council sought clarification from the Planner. Mr. Whitlock read the applicable definition, and noted the extent to which the City would retain control if any major medical use were proposed. Messrs. Baldwin and McClanaghan clarified that dedicated space would not be available, precluding any uses requiring non-portable medical equipment.
Richard Rosenberg, Peretz Institute, referenced the Institute's more than fifty year history and benefits to the community, including social, educational and cultural programs. Membership is open to all, and outreach is carried out throughout the city, not just in the Oakridge-Langara area. A better facility is needed and can be financed through the associated housing. It is hoped the new building will see the Institute through its next fifty years.
Summary of Correspondence
Council received three letters and four form letters opposed to both this application and the following application (item 4).
Speakers
The following speakers addressed the rapid pace of development in the area and the issue of public benefits in connection with this and the following application:
Mrs. W. Lau (remarks read by an interpreter)
Mrs. Eileen Ng
Following are some of the comments made by the foregoing speakers:
·the Community Amenity Contribution for the Peretz Institute and St. John ambulancedevelopments should be used to expand the Oakridge Public Library and buy more books;
·Oakridge is the second busiest library in the system, and is often over-crowded or needed books are unavailable, requiring school children to be driven to other branches;
·the library is an equalizer, which children benefit from, thereby providing benefits to the community at large;
·it will be good for older residents to have these types of housing opportunities in their neighbourhood;
·area residents are extremely frustrated about the very rapid pace of development in this area;
·area residents want a neighbourhood meeting place as part of the Community Amenity Contribution; civic staff believe that there is sufficient space available, but much of it is frequently booked, or available at inconvenient times, or there are fees to be paid;
·the Engineering Department was asked to closely monitor the intersection at Cambie Street and 45th Avenue to ascertain whether it requires upgrading;
·Council should require developers to live up to their promises; for example, re-planted and new trees in Tisdall Park were allowed to die from lack of water;
·Council was requested to withhold approval of this application pending the outcome of development on the former Police Station site.
The Mayor called for any other speakers on the application, but none came forward.
Applicant Closing Comments
There were no closing comments by the applicant's representatives.
Staff Closing Comments
Mr. Whitlock advised the upgrading of Oakridge Library and a neighbourhood meeting place were not included in the priority uses for amenity contributions in the Oakridge-Langara Policy Statement. Mr. Whitlock reiterated that Engineering will be monitoring the traffic situation, including the Cambie and 45th intersection, in light of development in the area.
Council Discussion
It was noted that the Peretz Institute has a long history of service to the Jewish community, and has filled a niche not filled by organizations with a religious orientation. Inaddition, the application is respectful of architectural design and the neighbourhood's character.
MOVED by Cllr. Herbert,
That the application be approved, with conditions as set out in the Minute of the Public Hearing, subject to the addition of Child Daycare Facility and Social Service Centre to the list of permitted uses..
- CARRIED UNANIMOUSLY
4. TEXT AMENDMENT: 6111 Cambie Street (St. John Ambulance)
An application by Greystone Properties Ltd. was considered as follows:
Summary: The proposed amendment to CD-1 By-law No. 3907 would permit the replacement of the existing St. John Ambulance facility and development of a maximum of 56 dwelling units.
The Director of Central Area Planning, on behalf of Land Use & Development, recommended approval subject to the following conditions as proposed for adoption by resolution of Council, except that the FSR be reduced to 1.86 if the applicant is unwilling to provide the necessary City desired public benefit under condition (f):
(a)THAT the proposed form of development be approved by Council in principle, generally as prepared by Hancock Brückner Eng & Wright Partners, Architects and stamped "Received City Planning Department - May 4, 1998", provided the Director of Planning may allow minor changes to this form of development when approving the detailed scheme as outlined in (b) below; and
(b)THAT prior to the final approval by Council of the form of development, the applicant shall obtain approval of a development application by the Director of Planning. In considering the development application, the Director will have regard for the following considerations:
(i)design improvements to the Ash Street building, to provide a better residential scale and expression along West 45th Avenue and Ash Street, noting comments of the Urban Design Panel;
(ii)changes to meet Fire Department requirements (identified in Appendix F of the Manager’s report);
(iii)retention or relocation of existing trees where possible;
(iv)design development to reduce opportunities for theft in the underground parking;
(v)design development to reduce opportunity for break and enter;
(vi)design development to reduce opportunities for graffiti; and
(vii)design development to reduce fear for residents and for vulnerable appellations in the neighbourhood, such as seniors.
Prior to enactment of the CD-1 by-law, the owner shall undertake the following, at no cost to the City:
(c)Make arrangements to the satisfaction of the General Manager of Engineering Services:
(i)for removal/relocation of the existing wood pole in the lane, and corresponding easement on Lot 1, which affects access to parking and loading;
(ii)for provision of concrete sidewalk on the east side of Ash Street from West 45th Avenue, south, to the south property-line of the site; and
(iii)for undergrounding of all services for this site to be from the closest suitable pole.
(d)Execute an agreement, satisfactory to the Director of Legal Services and Manager of the Housing Centre, providing that occupancy or possession of dwelling units shall not be denied to families with children, with the exception of units that may be designated as senior citizens' housing*; and
(e)Contribute $21,000 towards traffic calming measures along West 45th Avenue and Ash Street; and
[Note: Established as a condition of rezoning for 620 West 45th Avenue (former Vancouver Police Sub-station site) that cost of mitigation measures along West 45th Avenue and Ash Street would be shared with St. John and Peretz sites, in a directratio to the amount of development on each site.]
(f)Pay to the City a Community Amenity Contribution to provide for City-desired public benefits in an amount to be determined by City Council in a separate report.
* NOTE: Senior citizens’ housing is not presently part of proposal.
Also before Council was a memorandum from R. Whitlock, Rezoning Planner dated September 15, 1998, advising that at its meeting of September 8, 1998 (In Camera), City Council established the amount of $400,000 as the total combined charge for the Development Cost Levy (DCL) and Community Amenity Contribution (CAC) for this site. Accordingly, Council was requested to amend Condition of Approval (f) to read as follows:
(f)Pay to the City a Community Amenity Contribution of $169,125.00, with expenditure of the funds to be determined at a future date through a report to Council.
Staff Comments
Rob Whitlock, Rezoning Planner, reviewed the St. John Ambulance application, noting the height is below that provided in the Policy Statement. The full extent of the emergency response centre is below grade, and the applicant has worked hard to reduce neighbourhood concerns about the original proposal. The project is fully consistent with the Oakridge-Langara Policy Statement, and now that the CAC/DCL has been settled, supported by staff. Mr. Whitlock requested that the record strike the clause " except that the FSR be reduced to 1.86 if the applicant is unwilling to provide the necessary City desired public benefit under condition (f)" from the foregoing recommendation of the Director of Central Area Planning.
Applicant Comments
Renee Rose, Greystone Properties, noted that enlargement of the St. John Ambulance facility will make possible better community service and training as well as emergency response capability. Funding derived from the housing component will enable St. John to redevelop while staying in this central location. Height and number of housing units, have been reduced, and the access to underground parking changed, in response to neighbour's concerns,
Lucille Johnston, St. John Ambulance, reviewed services provided on the site. There are over one thousand events per year, including youth programs and training and education for the broader community. Classes are provided in seven languages. The existing building is now insufficient for emergency response, and it is difficult to cope with the volumes.
Summary of Correspondence
Council received one letter and one e-mail opposed to this application. Council also received three letters and four form letters opposed to both this application and the former application (item 3).
Speakers
The Mayor called for speakers on this application, but none came forward. Speakers on item 3 addressed issues pertinent to this proposal, i.e. pace of development and use of CACs.
Applicant Closing Comments
There were no closing comments from the applicant's representatives.
Staff Closing Comments
Mr. Whitlock provided additional clarification with respect to CACs.
Council Discussion
Council noted the existing building is clearly sub-standard and in need of replacement. St. John Ambulance's significant record of service to the community and fine programs were cited. Public benefits are also being provided consistent with the Oakridge-Langara Policy Statement public benefits strategy. It was noted that St. John also provides benefits to non-profit agencies, by providing a needed service to their events affordably.
MOVED by Cllr. Clarke,
THAT the application be approved, subject to the conditions set out in the Minute of the Public Hearing amended as follows (italics denote amendment):
Recommended Approval: By the Director of Central Area Planning, on behalf of Land Use & Development, subject to the conditions as proposed for adoption by resolution of Council [wording deleted]:
(a)THAT the proposed form of development be approved by Council in principle, generally as prepared by Hancock Brückner Eng & Wright Partners, Architects and stamped "Received City Planning Department - May 4, 1998", provided the Directorof Planning may allow minor changes to this form of development when approving the detailed scheme as outlined in (b) below; and
(b)THAT prior to the final approval by Council of the form of development, the applicant shall obtain approval of a development application by the Director of Planning. In considering the development application, the Director will have regard for the following considerations:
(i)design improvements to the Ash Street building, to provide a better residential scale and expression along West 45th Avenue and Ash Street, noting comments of the Urban Design Panel;
(ii)changes to meet Fire Department requirements (identified in Appendix F of the Manager’s report);
(iii)retention or relocation of existing trees where possible;
(iv)design development to reduce opportunities for theft in the underground parking;
(v)design development to reduce opportunity for break and enter;
(vi)design development to reduce opportunities for graffiti; and
(vii)design development to reduce fear for residents and for vulnerable appellations in the neighbourhood, such as seniors.
Prior to enactment of the CD-1 by-law, the owner shall undertake the following, at no cost to the City:
(c)Make arrangements to the satisfaction of the General Manager of Engineering Services:
(i)for removal/relocation of the existing wood pole in the lane, and corresponding easement on Lot 1, which affects access to parking and loading;
(ii)for provision of concrete sidewalk on the east side of Ash Street from West 45th Avenue, south, to the south property-line of the site; and
(iii)for undergrounding of all services for this site to be from the closest suitable pole.
(d)Execute an agreement, satisfactory to the Director of Legal Services and Manager of the Housing Centre, providing that occupancy or possession of dwelling units shall not be denied to families with children, with the exception of units that may be designated as senior citizens' housing*; and
(e)Contribute $21,000 towards traffic calming measures along West 45th Avenue and Ash Street; and
[Note: Established as a condition of rezoning for 620 West 45th Avenue (former Vancouver Police Sub-station site) that cost of mitigation measures along West 45th Avenue and Ash Street would be shared with St. John and Peretz sites, in a direct ratio to the amount of development on each site.]
(f)Pay to the City a Community Amenity Contribution of $169,125.00, with expenditure of the funds to be determined at a future date through a report to Council.
* NOTE: Senior citizens’ housing is not presently part of proposal.
- 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. Clarke,

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 8:50 p.m.
* * * * *

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