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CITY OF VANCOUVER

SPECIAL COUNCIL MEETING MINUTES

MARCH 30, APRIL 12 and 26, MAY 4 and JUNE 21, 1999

A Special Meeting of the Council of the City of Vancouver was held on Tuesday, March 30, 1999, 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. The Public Hearing was subsequently reconvened on April 12 and 26, May 4 and June 21, 1999, at the same time and place, with the same members present except for Councillors Bellamy, Chiavario, and Kennedy.

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 George Puil Councillor Sam Sullivan
ABSENT:	Councillor Don Bellamy (May 4 and June 21) Councillor Nancy A. Chiavario (May 4 and June 21) Councillor Lynne Kennedy (April 12 and 26, May 4 and June 21) Councillor Gordon Price
CLERK TO THE COUNCIL:	Nancy Largent

* Denotes presence for part of the meeting.

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. CD-1 Rezoning 4470 West 8th Avenue File: 1401-4

(Sasamat Gardens)
February 5, 1999

The Public Hearing on the proposed CD-1 rezoning of 4470 West 8th Avenue (Sasamat Gardens) was held over five evenings. The Minutes have been consolidated for ease of reference.

An application by Home Investments Ltd. was considered as follows:

Summary: The proposed rezoning from RS-1 to CD-1 would permit the development of up to 48 residential units in two-family and multiple dwellings, each containing a maximum of three dwelling units, with underground parking.

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 Roger Hughes + Partners, Architects, and stamped "Received City Planning Department, October 13, 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) deletion of the lane connection to 8th Avenue;

(ii) provision of vehicular access along an east-west alignment from Sasamat Street either:

(1) connecting to the existing lane with a 6 m (20 ft.) jog immediately east of an underground access point, to deter exiting eastward; or
(2) stopping at approximately the point of an underground entry from Sasamat Street and, if desired, with a secondary underground entry from the existing lane a minimum of 10 m from the east property line and serving no more than 10 parking spaces;

(iii) relocation of garbage collection facilities away from adjacent houses to points on the east-west lane alignment closer to Sasamat Street than to the east end of the site;

(iv) reduction in height of the two mid-block buildings along Sasamat to a maximum of 7.6 m (25 ft.) and no more than 1.5 storeys facing Sasamat Street;

(v) increased variety in building massing, including roof forms and building composition along West 8th and 9th Avenues, to achieve better integration with the surrounding `grain' of development;

(vi) provision of a view analysis to demonstrate that there will be no increased view impact from building elements greater than 9.2 m (30 ft.) in height;

(vii) reduce size of 4-unit Multiple Dwellings to a maximum of 3-units, with a maximum floor area of 5,000 sq. ft. in each Multiple Dwelling;

(viii) design development of the two family dwelling on West 9th Avenue adjacent to existing single family dwelling to emphasize its single family scale and character, and a maximum height of 2 storeys;

(ix) reconfiguration of proposed interior 4-unit Multiple Dwelling on lane alignment as 2 Two-family Dwellings, having front doors oriented towards the Avenues to provide direct street access and minimize overlook toward homes east of the site, with 2-storey maximum height; a minimum 10 m (33 ft.) setback from the east property line; and a comfortable separation between the structures along the lane alignment, or a further 5 m setback of the second structure from the east property line;

(x) design development to take into consideration the principles of CPTED (Crime Prevention Through Environmental Design), having particular regard for;

- break and enter by reducing the permeability for cutting through private areas of the site. The semi-private open space can remain visible with the use of low open fencing and gating;

- theft in the underground by securing parking areas and by ensuring perimeter exit stairs minimize exposure to the streets. Parking garage walls ceiling and utility pipes to be painted white;

(xi) design development to reduce opportunities for graffiti (Note: Opportunities for graffiti can be mitigated by reducing areas of exposed wall, covering these walls with vines, hedges or latticework or by using protective covering material);

(xii) to achieve early maturing landscaping, plant materials other than ground covers should conform to the following minimum sizes:
· coniferous trees: 4 m minimum height
· deciduous trees: 8 cm minimum caliper
· shrubs: 3 to 5 gallon sizes

(xiii) at least two elevators must be shown in locations convenient to units suitable to seniors;

(xiv) design development to the 8 units proposed as available for seniors housing to make access (exterior and interior) and livability suitable for elderly people;

(Washroom size and layout is particularly important, and should allow manoeuvring space for a person using a walker and/or a home support worker to safely assist the person bathing.)

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

(i) make arrangements to the satisfaction of the General Manager of Engineering Services and Director of Legal Services for the following:

1. Dedication of the south 33 ft. of the site for road and construction thereof;

2. Dedication and construction of a 6.1 m (20 ft.) east-west lane aligned to include an offset, designed to the satisfaction of the Manager of Engineering Services and the Director of Planning, to deflect traffic from the east end of the lane;

OR

Provision of a legal agreement to the satisfaction of the Manager of Engineering Services and the Director of Legal Services securing access for garbage collection and recycling vehicles and pedestrians through a statutory right of way providing for public utilities and generally aligned with the existing east-west lane alignment adjacent to the site.

OR

only if 8th Avenue lane access is approved:

Dedicate a 30 ft. x 125 ft. portion of the site for lane; and

Dedicate a 10 ft. x 10 ft. corner cut off from the adjacent Lot 1 for lane;

3. Upgrading of the City water system to serve this development;

4. A maintenance agreement for the landscaping shown on the east side of the proposed lane, if the 8th Avenue alignment and lane dedication requirement is approved;

5. Curb, gutter and pavement to centre line on north side of 9th Avenue and east side of Sasamat Street adjacent the site. (South side of 8th Avenue was deleted);

6. Sidewalk on the south side of 8th Avenue and the north side of 9th Avenue, adjacent the site;

7. Replacement of the existing non-standard sidewalk with a standard 5 foot-wide sidewalk on the east side of Sasamat adjacent the site;

8. Street lighting on the north side of 9th Avenue adjacent the site;

9. Street trees adjacent the site where space permits; and

10. Undergrounding of all telephone and hydro services from the closest existing suitable service point.

(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.

Also before Council was a memorandum dated March 30, 1999 from the Director of Legal Services and the Director of Central Area Planning, commenting on legal issues regarding a Court Order made in 1994. The Directors recommended that the foregoing condition c(i) be amended as follows (italics denote amendment):

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

(i) make arrangements to the satisfaction of the General Manager of Engineering Services and Director of Legal Services [including notice by the registered owner to the Public Trustee of the proposed dedications or the proposed statutory right of way referred to below and evidence to the satisfaction of the Director of Legal Services that the dedications or the statutory right of way are not contrary to any Court Orders in B.C. Supreme Court action no. A940325 (Vancouver Registry)] for the following:

1 Dedication of the south 33 ft. of the site for road and construction thereof;

2. Dedication and construction of a 6.1 m (20 ft.) east-west lane aligned to include an offset, designed to the satisfaction of the Manager of Engineering Services and the Director of Planning, to deflect traffic from the east end of the lane;

OR

Provision of a legal agreement to the satisfaction of the Manager of Engineering Services and the Director of Legal Services securing access for garbage collection and recycling vehicles and pedestrians through a statutory right of way providing for public utilities and generally aligned with the existing east-west lane alignment adjacent to the site.

OR

only if 8th Avenue lane access is approved:

Dedicate a 30 ft. x 125 ft. portion of the site for lane; and
Dedicate a 10 ft. x 10 ft. corner cut off from the adjacent Lot 1 for lane;

Staff Opening Comments

Larry Beasley, Director of Central Area Planning, reviewed the public process, changes made by the developer in response, and criteria used to evaluate the application. There is little ground-oriented multiple housing available in Vancouver residential neighborhoods, and this proposal offers an opportunity to increase the stock. Mr. Beasley believed the project would be fully consistent with City criteria if the conditions proposed by staff were approved. The form of development will come back to Council for approval.

Tom Phipps, Planner, reviewed issues raised during discussions with residents, referenced the City's policy on rezoning during neighborhood visioning, and noted the reasons why CD-1 zoning does not set a precedent. The issue of lane access was reviewed, and the option recommended by staff described. Mr. Phipps also discussed the rationale for recommending approval of the proposed rezoning at this location, including the accommodation of twice as many households with no increase in site coverage, accessibility to transit and shopping for residents, and community benefits such as aging in place.

Frances Connell, Director of Legal Services, clarified various legal issues referenced in the foregoing memorandum dated March 30, 1999, and advised Council may proceed with the Public Hearing. Ms. Connell also answered questions regarding the Trust.

Applicant Opening Comments

Roger Hughes, Architect, reviewed the application with reference to various charts and models. Site topography, site coverage, proposed housing unit types and interiors, FSR, landscape design, and how the proposal would "fit" into the surrounding community were discussed. Mr Hughes also provided a comparison to potential redevelopment which could take place under RS-1.

Alec Caruth, representing the property owner, advised almost all conditions proposed by civic staff were acceptable. However, the owner does not support deletion of the lane connection to 8th Avenue; provision of vehicular access along an east-west alignment from Sasamat Street; reduction in height of the two mid-block buildings along Sasamat; or reducing the size of 4-unit Multiple Dwellings to a maximum of 3-units. Mr. Caruth provided the owner's rationale for rejecting these conditions, and requested that Council exclude conditions b(i), b(ii), b(iv) and b(vii).

(Councillor Kennedy left the meeting at 8:35 p.m.
on May 30, due to illness, and did not return)

Summary of Correspondence

The following summary of correspondence was read into the record on March 30, 1999:

In Support - 4 letters
Opposed - 14 letters

Additional correspondence received subsequently is on file in the City Clerk's Office.

Speakers

The following speakers opposed the application:

Reva Dexter
Gary Bogdanovich
Marian Macworth
Gordon Harms, West Point Grey
Residents' Association (brief filed)
Susan Balfour-Hunt
Michael Rosen
Jack Turner (brief filed)
Allan Macworth
Tony Crossman
Gerry Macken
Carolyn Rogers
Dorian Rae
Ron Hunt
Pari Asarm-Motaedi
Ian Ross
Bob Brewater (brief filed)
Greg Taylor
Richard Kerekes
Frans Gerber
Paul Williams
Norman Shearing
J. D. Waters
Louise Krivel
Mark Scivier

Phil Downey
David Clark
Leonidas Hill
Mel Comisarow
Mansour Montamedi
Bill Dorfmann
Stella Atkins
Amanda Hill
Norman Walker
Terry Collette
Sharon Treanor (letter read by Susan
Balfour-Hunt)
George Rudolph
Evelyn Taylor
Hank Starek (letter read by representative))
Elizabeth Newton
Sheila Starek
Joyce Ozier
Pamela Starek (letter read by Al Dexter)
Elizabeth Rowan
Dr. Susan O'Reilly
Murray Sharp (brief filed)
Lies Botman (brief filed)
David Dexter
Margaret Gardiner
Al Dexter

Following are some of the comments made by those opposed:

· a survey carried out by the West Point Grey Resident's Association indicates that over 81% of residents between 4th and 16th Avenues and Alma and Blanca Streets are opposed;
· the poll carried out by the applicant was biased;
· a precedent-setting development of this size should not be considered before the CityPlan visioning process in West Point Grey is completed;
· this site may be sold and a future developer my attempt to change the CD-1;
· the application is not in accord with neighborhood values;
· the development would change the family orientation of the neighborhood;
· the developer is not offering enough amenities or social benefits to pay for this intrusion into an RS-1 area;
· the developer should be required to work out a community benefits plan in consultation with staff and the West Point Grey Residents' Association;
· a gated, walled, inwardly oriented compound would not fit the character of the neighborhood;
· area homes will be sandwiched between two commercial-sized developments;
· building heights in excess of RS-1 should not be permitted;
· the scale of the development should be reduced, with no units over two stories permitted;
· the design is too uniform - there should be more diversification;
· the developer has ignored the adjacent neighbors' requests for amelioration;
· the development is too high and bulky;
· views will be negatively affected and adjacent properties will be shadowed;
· other alternatives should be found to meet regional densification quotas without going into the heart of a single-family neighborhood;
· the present RS-1 zoning should be retained; alternative housing can be accommodated in C-2 zoning such as applies on West 10th Avenue;
· there will be a disproportionate impact on the area to accommodate only 19 or 20 more residents than could be accommodated by RS-1 development on the site;
· this development is being promoted as suitable for seniors and for aging in place, but is not suitable; reasons for viewing the development as unsuitable included: stairs rather than elevators; the development is not affordable housing; this inwardly focussed development lacks ties to the surrounding community;
· the term "aging in place" rightly refers to seniors remaining in their own homes with community assistance;
· the Special Advisory Committee on Seniors opposes this application;
· there have been so many changes to this application that the neighborhood is thoroughly confused and unable to judge the proposal coherently;

· this development would set an unfortunate precedent for this single-family neighborhood;
· many people want a chance to bring up their families in single-family neighborhoods like the ones they grew up in, but such neighborhoods in Vancouver are under great pressure to densify, and may become endangered species;
· seniors who have already enjoyed the advantages of bringing up their families in single-family neighborhoods are now supporting changes to meet their own needs at the expense of others wishing to raise their families in a similar environment;
· access onto 8th Avenue as requested by developer would be hazardous to cyclists using this important bicycle route to UBC (see further comments in section following);
· traffic and parking in the area will increase, and the area already has too much traffic and too little parking; added traffic will be hazardous to children and seniors in the area;
· even if the access were changed to Sasamat, there would be conflicts with school children and other pedestrians on this heavily used pedestrian route;
· the developer's proposal to close the lane will break the neighborhood pattern of lane use as a pedestrian thoroughfare and contribute to the development's isolation from the surrounding community;
· because of the closed lane proposed, the garbage pick-up point will be close to the edge of the development, disturbing the neighbors with noise, odors, etc.;
· a lane is essential for emergency access;
· design features of this development do not fit into the neighborhood well;
· this property is held in trust, and the developer will be unable to proceed without obtaining a Court Order varying the conditions - it is improper for the City to deal with this application until these issues have been resolved;
· the site would be better developed as an open public park;
· a number of speakers indicated they would be more supportive of the proposed development provided all conditions recommended by City staff were approved..

The following speakers did not express opposition to the application, per se, but opposed the applicant's requested access onto 8th Avenue because of the danger to cyclists using the bikeway:

Professor J. C. Smith, UBC Faculty of Law
Dalton Cross
Lori Cohen
Michael Woolnough (brief filed)

Following are some of the reasons given for opposition to the 8th Avenue Access (includes points made by other speakers at the Public Hearing):

· the affected portion of 8th Avenue is part of the Ridgeway Greenway cycling route;
· the east-west alignment and glare conditions would cause visibility problems;
· the hours of heaviest use will exacerbate conflicts with cyclists;
· sight lines for exiting vehicles will be inadequate;
· the route is heavily used by children and UBC students, during all weathers and after dark;
· vehicles and cyclists are often traveling at high rates of speed on sloping 8th Avenue, making accidents more likely and collisions more dangerous;
· the results of vehicle-cyclist collisions are often devastating to the cyclists;
· the City wishes to promote cycling as a form of alternate transportation, so should take steps to ensure cycling routes are safe;
· the applicant has not been willing to discuss alternatives to 8th Avenue access;
· the Board of Directors of Better Environmentally Sound Transportation (BEST) is on record as opposed to the 8th Avenue access.
· the dangers are so apparent, the City would be held liable for accidents if it approves this access;
· if the City does approve this access, traffic calming measures such as 4-way stop signs must be undertaken.

The following speakers supported the application:

Ashley Hilliard
Jim Cameron
Lesley MacGregfor
Wayne Kennedy
Sharon Low
David Shymko
Kate Farrell
Tom Staniszkis
Joyce Brown
Janet Stamper
Bob Burrow
Merry Wood
Marilyn Harrison
Cathy Kershaw
Carole Christopher
Brian Job
Dick Clark
Susan Richardson
Kai Alderson
Marguerite Ford
Ralph Schmidtke
Robert Simmons
Dr. John Barry
Madeleine Kitos
Helga Lewis
Rita Ferris
Dorian Moodie
Lorraine Twaites
Debbie Kraus
Christine Elliott
Dorothy Longnair
Barbara Bacon
Wendy McGinn
Maureen Brown
Dorothy Wiebe
David Gibson
Lois McPherson
Joslin Kobylka
John Wiebe
Gillian Beattie
Brenda Morrison
Dr. Nancy Heath
Mark Emanuel
Tom Morton
Jan Timmer
Jim McNish
Steve Ladner
Michel Morgan
David McCann
Michel Young
Isabel Cordua
Susan Campbell

Elyne Johnson Judy Steele
Duke and Irene Saunders (letter read John Howes
by Michael Paris) Don Davies
Charlene Luedke Conrad Guelke
Hugh Dempster Christine Wardle
Doreen Johnson

Following are some of the comments made in support:

· the proposed development will offer much-needed housing alternatives in the West Point Grey area, suitable for seniors who no longer wish to maintain single family homes but do wish to remain in their neighborhood; it also offers opportunities for singles and single parents who cannot afford single-family homes in the area;
· although there is condominium housing available in West Point Grey, not everyone wants to live in a concrete apartment block along an arterial; many would prefer townhouse-type accommodation in a garden setting like that proposed in this application, which is currently in very short supply;
· Vancouver must meet densification needs and regional commitments, and cannot expect all these needs to be met along arterials or in just some neighborhoods;
· this site offers an opportunity to diversify without demolishing existing single-family housing;
· the site is close to shopping and public transit;
· this development will support area businesses;
· the development will be attractive to seniors, who tend to have fewer cars and use their cars less, especially when transit is available;
· affordability will not be an issue for West Point Grey seniors who sell their single-family homes in order to move to town-home style residence;
· multi-family housing will be more affordable than single-family;
· stairs are not a deterrent to active, healthy seniors, and some units offer single=level accommodation;
· this development will offer a large amount of underground parking and there will be no need for overspill onto area streets;
· predictions of less cars if the site were to be developed as RS-1 lots do not take into account that most new homes in this area will include at least one suite, with no provision for tenants' parking on-site;
· closure of the lane is essential in order to maximize the gardens at the center of the site, which are such an attractive feature of the project;
· traffic access onto 8th avenue will not be unduly hazardous, particularly with appropriate signage:
· traffic from a development housing numbers of seniors will not follow typical patterns of peak hour usage;

· there are other examples of access onto 8th Avenue, for example from an area church parking lot, which have not proven to be serious problems;
· not all lanes in West Point Grey are open, and many open lanes are hardly bucolic thoroughfares, but instead are lined by high fences and enormous garages;
· objections to a walled and gated community do not take into account that many homes in this area have tall fences and often locked gates as well, which is the prerogative of owners of private property;
· the developer has incorporated numerous changes in response to neighborhood concerns;
· design features of this development are excellent and fit well with the neighborhood character.

Bernadette Kowey felt the rezoning process had been very divisive to the community, and that an opportunity was missed to educate the community about housing options.

Gillian Watson-Donald, Special Advisory Committee on Seniors, advised that the Committee has withdrawn its earlier opposition to the project. After further review, the Committee has concluded that the project offers valuable housing options suitable for seniors.

Bruce Campbell, consultant, described the public opinion poll conducted on behalf of Fred O'Hagan by his firm and its results.

Brian Wallace, traffic consultant for the applicant (brief filed), reviewed his reasons for recommending the 8th Avenue access over Sasamat Street.

Keith Godfrey, traffic safety consultant for the applicant (brief filed), gave the opinion that the 8th Avenue access would not be unduly hazardous for cyclists, and suggested several ameliorative measures .

Council Decision

Council referred a decision on this matter to the Regular Council meeting of July 6, 1999. Final comments of the applicant and staff will be heard at that time.

The Special Council recessed at:
10:05 p.m. on May 30, 1999,
10:00 p.m. on April 12, 1999,
10:00 p.m. on April 26, 1999,
and 10:10 p.m. on May 4, 1999,
and adjourned at 10:45 p.m. on June 21, 1999.

* * * * *

(c) 1998 City of Vancouver