CITY OF VANCOUVER

SPECIAL COUNCIL MEETING MINUTES

SEPTEMBER 29/30, 1998

A Special Meeting of the Council of the City of Vancouver was held on Tuesday, September 29, 1998, at 7:30 p.m., in the Council Chamber, Third Floor, City Hall, to consider proposed amendments to the Zoning and Development By-law. Subsequently, the meeting reconvened at 1:30 p.m. on Wednesday, September 30, 1998 in the Council Chamber, with the same members present, with the exception of Councillor Chiavario (on Civic Business).

PRESENT: Mayor Philip Owen

Councillor Don Bellamy

Councillor Nancy A. Chiavario

Councillor Jennifer Clarke

            Councillor Lynne Kennedy
            Councillor Daniel Lee
            Councillor Don Lee
            Councillor Gordon Price
            Councillor George Puil
            Councillor Sam Sullivan
   ABSENT:      Councillor Alan Herbert (Leave of Absence)

Councillor Nancy A. Chiavario (September 30 only)

   CLERK TO THE
   COUNCIL:      

Tarja Tuominen

COMMITTEE OF THE WHOLE

MOVED by Cllr. Bellamy,

SECONDED by Cllr. Price,

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: 1925 West 33rd Avenue (Arbutus Gardens)

An application by John Northey, Arbutus Holdings Ltd., was considered as follows:

Summary: The proposed text amendment would permit an increase in the number of dwelling units from 302 to 750. Proposed building heights will range from two to nine storeys and a majority of existing trees will be retained.

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 schematic development be approved by Council in principle, generally as prepared by Paul Merrick Architects Limited and dated January 30, 1998, provided that the Director of Planning may allow alterations when approving the detailed scheme of development in clause (c), in accordance with guidelines adopted in clause (b).

(b)THAT the CD-1 By-law be accompanied, at the time of enactment, by the "Arbutus Gardens CD-1 Guidelines" to be adopted by resolution of Council (see Appendix E of referral report).

(c)THAT, prior to final approval by Council of the form of development for each phase, the applicant shall obtain approval of development applications by the Director of Planning, who shall have regard to the following:

Engineering

(i)lay-bys, porte-cocheres, and other boulevard crossings are to be minimized to the satisfaction of the General Manager of Engineering Services and the Director of Planning;

(ii)on-site maneuvering is to be provided for all loading spaces;

(iii)the temporary southern most parking access on Arbutus Street is not to remain open as future loading access (Phase 5 loading can be served from the proposed private cul-de-sac accessed from West 33rd Avenue); and

(iv)clarification of the charges shown on title is required (a charge summary should be provided).

Clause No. 1 Continued

Crime Prevention Through Environmental Design (CPTED)

(v)design development to take into consideration the principles of Crime Prevention Through Environmental Design (CPTED) having particular regard to reducing opportunities for:

1.Theft in the underground: Theft from auto and bicycle theft is prevalent in Vancouver. These problems can be mitigated by completely separating different user groups including gating, exit stairs and elevators.

2. Fear in the underground: Security and visibility issues in the underground can be improved with adherence to section 4.12 of the Parking By-law.

3. Break and enters: Ground floor units are especially susceptible to break and enters. This can be mitigated by deleting areas of concealment in and around windows, doorways and patios.

4. Graffiti: Graffiti is prevalent in Vancouver. Graffiti artists across Canada view Vancouver as the Graffiti Mecca of Canada. Removal is costly for businesses and strata owners. Contact the City’s Graffiti Coordinator at 873-7162 for further information and resource.

5. Skateboarding: This can be achieved using non-smooth paving material and planter walls that step or have reveals cast into concrete planter sitting edges.

Seniors’ Committee

(vi)design development to accommodate comments of the Special Advisory Committee on Seniors resulting from a review by the Committee of development application drawings;

Clause No. 1 Continued

Subdivision

(vii)subdivide the site in a form satisfactory to the Approving Officer, in accordance with the rezoning and the proposed phases of development, including:

1.regard for retention of existing buildings in remaining phases;

2.clear identification of shared pathways among and between buildings, shared underground parking garages and other common site amenities; and

3.ensure that appropriate legal agreements are struck which guarantee unimpeded access of registered owners and any tenant among and between the buildings on the site, and any shared or common on-site facilities or amenities.

On-site Tenant/Owner Amenities

(viii)the provision of on-site owner/tenant amenities and their securement by phase or grouping of phases will need to be addressed by the applicant, to the satisfaction of the Director of Planning.

(d)THAT, prior to enactment of the CD-1 By-law, the registered owner shall, at no cost to the City:

(i)Engineering: Enter into agreement(s) to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services for the following:

1.improvements to West 33rd Avenue between Arbutus Street and Valley Drive as prescribed in a separate review process, with 100% of the cost to be paid by the applicant;

(Note: this will include, but may not be limited to, the installation of sidewalk, curb and gutter, pavement, and provision of street trees.)

2.improvements to the Arbutus and Valley Drive intersection to providea left-turn bay, with 50% of the cost to be paid by the applicant;

Clause No. 1 Continued

3.provision of traffic management measures on Valley Drive to discourage "thru" traffic, within five (5) years of occupancy of the final phase of this development, with 100% of the cost to be paid by the applicant;

4.provision of street trees adjacent the site where space permits, with 100% of the cost borne by the applicant; and

5.undergrounding of all new services for this development from the closest existing suitable service point.

(Note: Items 1, 2 and 3 will be subject to the approval of City Council in future.)

(ii)Fire: Prior to enactment, the applicant must demonstrate to Fire and Engineering Services staff the following:

1.indicate the ability to comply with Vancouver Building By-law requirements since there are no site difficulties on a new building, specifically in clause 3.2.5.2.(2) on distance from curb to principle entrance to be maximum 15 m.

(Note: The applicant has indicated there will be a feasible solution.)

2.determine the location of the required fire hydrants to the site. This information is necessary up-front to flag any main difficulties with Engineering or any unforeseen traffic problems which may involve closing off Arbutus Street for construction.

(iii)Landscape: Enter into agreement(s) to the satisfaction of the Director of Planning and the Director of Legal Services for the following:

1.submission of a comprehensive Tree Management Plan (indicating retention, relocation and replacement) at the time of the development application. This Tree Management Plan will include a tree tagging program (e.g., red for removal, yellow for possible removal and greenfor retention) and signs informing the public of the tree management intentions, prior to, during, and after construction;

Clause No. 1 Continued

2.determine the location of required to contact the Park Board with respect to any trees located on the City Boulevard. The Park Board will determine the tree retention, relocation or replacement program in consultation with Engineering Services and the Planning Department;

3.a Letter of Credit is required for those trees to be retained prior to the issuance of the development permit. The value of the Letter of Credit will be determined through assessment by a Certified Arborist based on the International Society of Arboriculture tree evaluation method;

4.a Certified Arborist will be retained by the applicant during construction to ensure that the retained trees are protected in accordance with the Private Property Tree By-law and the City’s guidelines for tree retention, relocation and replacement;

5.the applicant is required to apply for the appropriate Tree Removal and Replacement Permit(s), in accordance with the Private Property Tree By-law, prior to receiving their Development Permit;

6.a Landscape Plan is required at the time of Development Application that includes existing trees, along with other proposed landscape improvements. A plant list illustrating proposed species, quantity and size, as well as any construction details necessary to retain existing trees is also required; and

7.consideration of relocating site trees to the City Boulevard, in cases where the trees cannot be retained as a result of development, to satisfaction of the Park Board, Engineering Services and the Planning Department.

(iv)Non-Discrimination: Enter into an agreement, to the satisfaction of the Director of Legal Services, preventing discrimination against families with children in the sale and/or occupancy of residential units.

(v)Public Art: Enter into 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.

Clause No. 1 Continued

(vi)CAC: To be paid to the City in an amount, manner and terms to be determined by City Council under separate report.

(vii)Housing: Enter into agreement(s) to the satisfaction of the Manager of the Housing Centre and the Director of Legal Services, for the following:

1.that any residential units which form part of Council’s CAC consideration in (vi) above, including exclusive use of a parking stall in the same building for each unit, to be secured through a Housing Agreement and any other legal instruments to the satisfaction of the Manager of the Housing Centre and the Director of Legal Services; and

2.a relocation plan, including a survey of all existing residents and an assessment of their housing needs and plans to the satisfaction of the Manager of the Housing Centre, will be required prior to issuance of the first development permit for the site.

.

Also before Council was a memorandum dated September 29, 1998 from R. Whitlock, Acting Senior Rezoning Planner, which recommended the following changes to the draft by-law and the Conditions of Approval:

1. DRAFT BY-LAW CHANGES:

(a) Minor Adjustments

Replace TABLE 1 (Pg. 3) of the Draft By-law with the following:

Parcel	1	2	3	4	5	6	7
FSR	1.73	1.56	1.87	2.08	1.27	1.25	0.61

Add the following clause to section 4.5 (Pg. 4) of the Draft By-law:

"(b)enclosed residential balconies, provided that the Director of Planning first considers allapplicable policies and guidelines adopted by Council and approves the design of any balcony enclosure, subject to the following:

•the total area of all open and enclosed balcony or sundeck exclusions does not exceed eight percent of the residential floor area being provided; and

•no more than 50 percent of the excluded balcony floor area may be enclosed."

Clause No. 1 Continued

(b)Parking Standards

Delete existing section 6.1 and replace with the following:

"6.1Off-street parking, loading and bicycle spaces must be provided, developed and maintained in accordance with the RM-3 provisions of the Parking By-law, except that one off-street loading space for each 200 dwelling units must be provided."

2.CHANGES TO CONDITIONS OF APPROVAL (CAC)

At its September 17th IN CAMERA meeting, City Council adopted conditions related to Community Amenity Contributions, related to both a possible cash CAC, related to the proposed parking requirement reduction, and a rental housing provision.

(a)If Council approves the parking reduction recommended previously in this memo, Council should replace condition of approval (d) (vi)(pg. 5) in the Summary and Recommendation of the Agenda package, as follows:

"(vi)a Community Amenity Contribution (CAC) of $2.46 per sq. ft. of building area payable upon issuance of the first Building Permit for each phase of the development, escalated by the Consumer Price Index from the date of the Public Hearing ($1,854,000 on the total development as of the Public Hearing).

(Note: Council has further resolved:

[1]THAT staff be instructed to report back to Council at or prior to the time of enactment of the rezoning on the appropriate allocation of the CAC funds;

[2]THAT any CAC contributions paid not be applied to purposes for which DCLs may be collected; and

[3]THAT if CACs are required, a no-development covenant, to be released for each phase of the development upon payment of the CAC, be required to secure payment of the CAC);"

OR

(b)If Council chooses not to approve the recommended parking reduction, Condition (d) (vi) should be deleted;

AND

Clause No. 1 Continued

(c)Further that Council replace condition of approval (d) (vii) (1) (pg. 5) as follows:

"1.THAT 100 units of guaranteed rental replacement housing, including exclusive use of a parking stall in the same building for each unit, be secured for at least 60 years or the life of the building, whichever is greater, through a Housing Agreement and any other legal instruments to the satisfaction of the Manager of the Housing Centre and the Director of Legal Services;

(Note: in addition, Council has resolved that Polygon and the City enter into an agreement providing that the rental housing be recognized as a credit against any further Development Cost Levy (DCL) for replacement housing requiring that the City pay that portion of an applicable DCL into the Development Cost Levy Fund from City funds and on behalf of the applicant, if a DCL is implemented prior to the completion of this project.)"

Staff Comments

Rob Whitlock, Planner, presented an overview of the application. The proposed text amendment will increase the number of permitted dwelling units from 302 to 750, the FSR from 0.68 to 1.45 FSR, and the heights from 3 storeys to 2 to 9 storeys. The applicant is offering a tenant relocation package. The development will be following the footprint of the original dwellings and 70% of the trees on the site will be retained. The taller buildings will be located in the middle of the site, furthest away from single family residences, with the lower two-storey buildings located closer to residential housing. Staff believe the proposed increased density and heights for Arbutus Gardens can be supported because of the site’s topography. Staff recommend approval, subject to the conditions in the report.

In addition, Mr. Whitlock reviewed the memorandum before Council on the proposed changes to the draft by-law and conditions of approval. Mr. Whitlock also reviewed a memorandum, dated September 23, 1998 from the Special Advisory Committee on Seniors, and a memo, dated September 29 with the staff response to the points raised by the Seniors Committee. The Seniors Committee does not recommend approval of the application.

John Jessup, Community Liaison, Housing Centre, discussed the social and housing aspects of the application. The current 302 rental units represent 13 or 14% of the total rental stock in the area. The proposed rental units will be somewhat smaller. The development also provides an opportunity for affordable home-ownership. The applicant is offering a comprehensive bonus package of a purchase bonus, moving costs and a rental bonus.

Clause No. 1 Continued

Michael von Hausen, Planner, reviewed the tree replacement policy for the site and responded to questions on the City’s guidelines on tree retention.

Applicant Comments

The following representatives for the applicant described the proposal, with the aid of a slide presentation and the following information handouts: Summary of Meetings with Arbutus Gardens Residents; Arbutus Gardens Incentive Program; Arbutus Gardens View Studies; Volume 1 Number 1 Arbutus Gardens News; and copies of letters from residents of Arbutus Gardens (on file):

·Michael Audain, Managing Director, Polygon Homes

·John Northey

·Linda Moore

·Paul Merrick, Architect

·Trevor Ward, Ward and Associates

The foregoing highlighted several aspects of the application, including:

·the background to the application

·the plans to minimize impacts on the existing tenants and the extensive relocation package offered to tenants

·an overview of the design of the proposed development

·the stages of construction

·70·the extensive consultation and communication process with the existing tenants and the neighbourhood·70

·traffic and parking analysis

Summary of Correspondence

Council was advised the following correspondence was received:

· 7 letters in favour of the application

·15 letters opposed to the application

Speakers

The Mayor called for speakers for and against the application and a total of 20 speakers addressed Council over the course of the two days.

Clause No. 1 Continued

The following spoke in favour of the application:

·Will E. Cook

·John Richardson

·Helen Gowan

·Michael Logie

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

·development of Arbutus Gardens is inevitable;

·the project will give families and downsizing people the opportunity to find an affordable home;

·the project can be viewed as a catalyst to develop a neighbourhood vision to provide more affordable ground location residences, similar to what has happened in Kerrisdale;

·the proposed development has a strong design and details;

·impressed with the current Arbutus Gardens management;

·the condition of the current structure does not merit renovation; the building will soon have to be replaced;

·looking forward to moving into a new suite to enjoy its ambience;

·impressed with overall plan for replacement;

·the proposed 100 rental units will easily accommodate those rentals who would be left at the end of the redevelopment.

The following spoke in opposition to the application:

·Vanessa Geary, TRAC

·Pamela Sauder (petition filed)

·Bob Louttit

·Elizabeth Baverstock

·John Volrich

·Colin Connor

·Francois-Xavier Guimond

·Jean-Francois Guimond (petition filed)

·Moira Notman

·Muriel Allen (petition filed)

·Orene Robinson

Clause No. 1 Continued

·John Keen

·Doreen Braverman

·Linda Mix, TRAC

·Mrs. Spears

·Gillian Watson-Donald, Special Advisory Committee on Seniors

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

·the redevelopment will result in the loss of 200 rental housing units; there is a need in the city for more affordable rental housing;

·every rental unit is a scarce resource which must be preserved;

·very few purpose-built rental housing units are built in the city;

·the rate of change by-law should be reviewed with an intent to extend to other neighbourhoods;

·the photographs showing potential view impacts were all taken in the summer months; most of the trees in and around Arbutus Gardens are deciduous; there will be a degradation of view, especially from the east and south of Quilchena Park;

·the proposed density is a significant increase;

·increased traffic on 33rd Avenue, and surrounding streets such as Pine and Maple Crescents, and Angus Drive is a major concern;

·the development will create a significant impact on the community;

·the existing units are roomy, comfortable and in fine condition; Arbutus Gardens is a community and offers unique rental units;

·there is nothing in the proposal that benefits the Arbutus community;

·the project will destroy good housing in the city and lessen rental housing stock;

·the proposed density and height will serve as a precedent for other rezoning applications;

·prior to the receipt of any more applications , a visioning process needs to takeplace in the community; the character of the community must reflect the wishes of the people who live there;

·the proposed units will not be affordable housing;

·the proposed heights and massing will overwhelm the existing neighbourhood;

·the extended demolition and construction period over six years will severely impact the quality of life for the residents in Arbutus Gardens and in the neighbourhood;

·the increase in units will cause an increase in traffic and will create parking problems.

Clause No. 1 Continued

Applicant Closing Comments

Michael Audain and John Northey responded to the concerns raised by the speakers. The welfare of the existing tenants became the steppingstone to the proposal. The applicants do not believe it will be necessary for any current tenants to leave who wish to remain. The current buildings were built in the 1960's and any renovations to them will come up against current building code requirements. The 35-year old systems are wearing out. The tallest buildings will be slightly lower than the tallest tree on the site. The original view analysis was done in the winter. The proposed traffic calming measures on Valley Drive will make it unattractive to use it as a short-cut.

Staff Closing Comments

Paul Pinsker, Traffic Engineer, advised the proposed left turn bay on Arbutus is required to make it safe for residents heading home; it will be easier for other traffic to continue on Arbutus with no obstruction by left turners. The proposed access on Valley Drive is the safest place to have it.

Rob Whitlock advised renovation of the units would entail full upgrade and relocation of the tenants as well. The recommended conditions of approval try to ensure the tenants will be looked after. Mr. Whitlock also advised of the following minor change to the conditions of approval:

(d) (iii) Landscape:

2. the applicant is required to contact the Park Board ...........

(underlining denotes amendment)

Council Discussion

Following brief discussion, some members of Council suggested deferring decision on the application to the October 6 Council meeting to allow staff clarification on legal and zoning issues.

Clause No. 1 Continued

MOVED by Cllr. Clarke,

THAT Council defer its decision on the application to the October 6th Regular Council meeting to allow staff to provide clarification on:

(i)specific development rights of the owner of the site, taking into consideration the CD-1 By-law, the Minutes of the 1993 Public Hearing and authority of Council under the Vancouver Charter; and

(ii)the extent to which Council can secure a "right-to-rent" option for condominium owners by covenant or through the Condominium Act; and

(iii)what rights do future Strata Councils have under the Condominium Act to override covenants or other agreements entered into between the current owner and the City in regard to the "right-to-rent".

- CARRIED

(Councillors Bellamy, Don Lee, Sullivan and the Mayor opposed)

* * * * *

NOTE FROM CLERK:

The decision on the application is deferred to Council’s meeting of October 20 toallow staff time to provide the requested information.

* * * * *

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. Puil,

SECONDED BY Cllr. Bellamy,

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

- CARRIED UNANIMOUSLY

The Special Council adjourned at 3:45 p.m.

* * * * *

(c) 1998 City of Vancouver