EXTRACT FROM REGULAR COUNCIL MINUTES - JULY 6 , 1999

UNFINISHED BUSINESS

1. Rezoning: 4470 West 8th Avenue (Sasamat Gardens) File: 1401-4

At the reconvened Public Hearing on June 21, 1999, Council concluded the hearing of the public and referred a decision on this matter to the Regular Council meeting of July 6, 1999. It was noted that final comments of the applicant and staff would be heard at that time.

Council had before it copies of the Public Hearing Agenda of March 30, 1999, a memorandum from the Director of Legal Services dated March 30, 1999, and a memorandum from the Director of Current Planning dated July 6, 1999, summarizing various built form and lane options for Council's reference.

Councillors Bellamy, Chiavario, Kennedy and Price were not eligible to vote on this application and left the room during the discussion.

Applicant's Final Comments

Alec Caruth (brief filed), speaking on behalf of the applicant, reviewed points raised by the delegations during the course of the Public Hearing, noting that a majority of speakers were in favour, and offering a refutation of points raised in opposition. The applicant is still in agreement with all but four of the conditions recommended by civic staff. However, Council was requested to exclude conditions b(i), b(ii), b(iv) and b(vii).

Fred O'Hagan, Home Investments Ltd., reviewed the history of his family's ownership of the property, establishment of the Trust, and financial considerations. If approved, Home Investments Ltd. will seek the Court's approval to proceed.

Staff Final Comments

Larry Beasley, Director of Current Planning, noted the options set out in his July 6, 1999 memorandum and provided a rationale for approving the application in principle The issues have been well-covered, and will be resolved by the conditions recommended by staff. In Mr. Beasley's opinion, this rezoning would not be likely to create a precedent, nor does the CD-1 by-law provide sufficient flexibility to greatly alter the development without submission of another rezoning application. It was noted that City Council must still approve the Form of Development, which will be brought forward after another public process.

Tom Phipps, Planner, reviewed potential amendments to the Conditions of Approval (as set out in the aforementioned July 6, 1999 memorandum), depending upon which lane alignment Council may wish to approve. Potential amendments sought by the applicant regarding the height and size of some buildings were also reviewed. Mr. Phipps also reviewed the history of CD-1 rezonings, and discussed the impact of the proposed scale of development.

Mike Thomson, Assistant City Surveyor, reviewed the potential lane alignments from the perspective of accommodating utilities.

Mr. Beasley and Mr. Phipps responded to questions about lane design, neighbourhood response to lane options, implications re scale and location, heights, and the cost of ramping for lane alignment option V.

MOVED by Cllr. Puil,

THAT the application be refused.

- LOST

(Councillors Clarke, Herbert, Daniel Lee, Don Lee,
Sullivan and the Mayor opposed)

MOVED by Cllr. Sullivan,

THAT the application be approved with the lane option of an east-west corridor in the form of an easement or statutory right of way for access, utilities, garbage collection and pedestrians (referenced as selection W in the memorandum of the Co-Director of Planning dated July 6, 1999), subject to the conditions set out in the Agenda of the Public Hearing, including approval of:

b (i);
option b (ii) 1;
option c (i) 2, part 2.

- amended

AMENDMENT MOVED by Cllr. Don Lee,

THAT the application be approved with the central garden configuration and no cross-site lane or easement (referenced as selection V in the memorandum of the Co-Director of Planning dated July 6, 1999), and that the conditions be amended accordingly as follows:

substitute option b (ii) 2 for option b (ii) 1;
delete condition c (i) 2.

- CARRIED

(Councillors Puil and Sullivan opposed)

MOTION AS AMENDED

THAT the application be approved with the central garden configuration and no form of cross-site lane or easement (referenced as selection V in the memorandum of the Co-Director of Planning dated July 6, 1999), subject to the following conditions:

(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 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 [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. deleted

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

4. deleted

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.

AND THAT the Director of Legal Services be instructed to prepare and bring forward the necessary by-laws.

- CARRIED

(Councillor Puil opposed)
(Councillors Bellamy, Kennedy, Chiavario and Price not eligible to vote)

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(c) 1998 City of Vancouver