CITY OF VANCOUVER SPECIAL COUNCIL MEETING A Special Meeting of the Council of the City of Vancouver was held on Tuesday, September 12, 1995, at 7:30 p.m., in the Council Chamber, Third Floor, City Hall, for the purpose of holding a Public Hearing to amend the Zoning and Development By-law and Heritage By-law. PRESENT: Mayor Owen Councillors Bellamy, Chiavario, Clarke, Hemer, Kennedy, Kwan, Price and Sullivan ABSENT: Councillor Ip Councillor Puil GENERAL MANAGER'S REPRESENTATIVE: Ted Droettboom CLERK TO THE COUNCIL: Gary MacIsaac COMMITTEE OF THE WHOLE MOVED by Cllr. Bellamy, SECONDED by Cllr. Hemer, THAT this Council resolve itself into Committee of the Whole, Mayor Owen in the Chair, to consider proposed amendments to the Zoning and Development and Heritage By-laws. - CARRIED UNANIMOUSLY Items 1(a) and 1(b) were read into the record and considered concurrently. 1(a) Rezoning: 1202-1292 West Georgia Street (Lots 1-7, Block 31, D.L. 185, Plan 92) An application by James K.M. Cheng Architects Inc. was considered as follows: The proposed rezoning, from DD Downtown District to CD-1 Comprehensive Development District, would: - permit construction of two high-rise (35 storeys) residential towers accommodating 471 units; - permit construction of 17 three and one-half storey townhouse units; cont'd.... Clause 1(a) and (b) (cont'd) - permit renovation of existing heritage building on Jervis Street (Abbott House) to accommodate five dwelling units; - limit maximum building height to 101 m (331.4 ft.); - limit maximum density to 6.56 FSR (floor space ratio), which includes a heritage density bonus of 0.30 FSR to be used on- site, the balance (0.26 FSR) to be banked for possible future transfer off-site; and - require 621 off-street underground parking spaces. The Director of Land Use and Development recommended approval, subject to the following conditions proposed for adoption by resolution of Council: (a) THAT the proposed form of development be approved by Council in principle, generally as proposed by James K.M. Cheng Architects Inc. and stamped "Received City Planning Department June 20, 1995" 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 regard to the following: i) submit complete "as found" documentation of the heritage building in the form of drawings and photogrammetric recording; ii) submit a set of "restoration" documentation both "as found" and archival (drawings, photos, specifications) describing the work to be done on the heritage building, clearly indicating those features which are to be retained, restored, moved or removed; iii) design development to the westerly tower base to provide built form and detailing that respond to the scale and detail of the heritage building; iv) design development to the easterly tower base and facade to provide detailing and a more pedestrian friendly treatment to the Bute Street edge; cont'd.... Clause 1(a) and (b) (cont'd) v) design development to the open space and landscape edge on West Georgia Street to more closely meet the Council-adopted DD (except Downtown South), C-5, C-6, HA-1 and HA-2 Character Area Descriptions; (NOTE: Heights of retaining walls at sidewalk level are to be minimized.) vi) design development to the Bute Street setback to ensure compliance with the Council-adopted Triangle West Streetscape Concept Plan with particular attention to the vehicle access ramp in this location; vii) design development to provide a period garden setting for the heritage building, including the restoration/replication of the garden stone wall gates, and railings, with particular attention to the vehicle ingress/egress ramp to Jervis Street; viii) design development to ensure that the vertical clearance at the parking entrances be 3.5 m (11.5 ft.) to provide for truck access; ix) design details to incorporate crime prevention through environmental design (CPTED) principles (refer to Appendix D of Manager's report - Police Department comments); x) provision of recycling/garbage facilities to the satisfaction of Engineering Services; xi) provision of bicycle parking facilities in accordance with Council-adopted Bicycle Parking Guidelines; xii) submission of a detailed landscape plan in accordance with the Council-adopted Triangle West Streetscape Concept Plan; and xiii) submission of an acoustical consultant's report assessing noise impacts on the site and recommending noise mitigation measures to achieve noise criteria. cont'd.... Clause 1(a) and (b) (cont'd) (c) THAT, prior to enactment of the CD-1 By-law, the registered owner shall, at no cost to the City: i) execute a Section 215 agreement, to be registered against the property, to the satisfaction of the Director of Legal Services and the Director of Permits and Licenses, that there will be no development until agreements satisfactory to the Director of Legal Services have been entered into providing all lands will be remediated to all applicable statutes and no occupancy permit will be issued until all lands have been remediated, to the satisfaction of the Director of Legal Services; ii) execute an agreement, to be registered against the property, to the satisfaction of the Director of Legal Services, in consultation with appropriate Department Heads, by which the owner agrees to provide temporary protection for the heritage building before and during construction on the site, ensure that the building is not to be moved off site, and that the occupancy of the new buildings shall be subject to the completion and restoration of the heritage building; (NOTE: This agreement will be cancelled when the heritage work is complete.) iii) execute a heritage revitalization agreement, to be registered against the property, to the satisfaction of the Director of Legal Services, in consultation with appropriate Department Heads, by which the owner secures and agrees to undertake the necessary restorative work to the existing heritage building, noting that all future repairs and renovations require a heritage permit, and that in the event the heritage building is irreparably damaged the owner further undertakes to conduct whatever necessary and reasonable arrangements are needed to satisfactorily replicate the heritage building; iv) execute an agreement, to be registered against the property, to the satisfaction of the Director of Legal Services, in consultation with appropriate Department Heads, limiting development on 1202-92 West Georgia Street to a maximum of 6.30 FSR as defined in the CD-1 By-law; cont'd.... Clause 1(a) and (b) (cont'd) v) execute an agreement, to the satisfaction of the Director of Legal Services, to not discriminate against families with children in the sale of residential units; vi) consolidate the site; vii) make suitable arrangements, to the satisfaction of Engineering Services, for any new electrical and telephone services to be undergrounded within and adjacent to the site from the closest, existing suitable service point; viii) designate the building at 720 Jervis Street (Abbott House) under Schedule 'A' of the City's Heritage By-law; (NOTE: Prior to enactment of the CD-1 By-law, the registered property owner will provide a letter waiving future compensation demands for this designation.) ix) contribute to the City a community amenity contribution totalling $2,247,159; and x) execute an agreement, to the satisfaction of the Director of Legal Services, to ensure participation in the City of Vancouver public arts program, including the contribution of $0.95 per sq. ft. ($10.23 per m›) of floor area totalling $345,437. 1(b) Heritage By-law Amendment: 1202-1292 West Georgia Street An application by the Director of Land Use and Development was considered as follows: The proposed amendment to Heritage By-law No. 4837 would designate the existing Abbott House as protected Heritage Property. The Director of Land Use and Development recommended approval of this application. cont'd.... Clause 1(a) and (b) (cont'd) Staff Opening Comments Mr. Dave Thomsett, Planner, advised this application proposes to rezone a whole city block in the Triangle West portion of the Downtown. A mixed-use building is permitted 6.0 FSR, but the rezoning is also offering to retain and fully restore the Abbott House, which is a Class 'A' heritage building. This restoration and retention requires an extra 0.56 FSR in order to make the proposal viable. Of this 0.56 FSR, 0.3 will be used in this development for a total FSR of 6.3 on the site and 0.26 would be banked for transfer off-site. Residential development is less size volumetrically than office buildings because of a lower ceiling height. The height proposed is 331 feet. Some view blockage with developments located to the west will occur, as would be the case with any development on the site. Mr. Robert Lemon, Heritage Planner, advised that staff have not received any objections to the designation of the Abbott House as a result of their notification. Applicant Opening Comments Mr. James Cheng, architect, advised he is in total agreement with the staff recommendations. Correspondence There was no correspondence received on this application. Speakers The Mayor called for speakers and the following registered opposition to the proposed application: - Ms. Estelle Fogell - Ms. Debbie Barlow - Mr. Gary Barclay - Ms. Pamela Goddard. cont'd.... Clause 1(a) and (b) (cont'd) The foregoing opposed the application on one or more of the following grounds: - The towers are too high and their height should be limited to no more than 300 feet; - Density in the area is increasing, leading to more traffic congestion; - Not all persons in the area were notified of the proposed changes; - The developer should be required to provide community amenities; - The report from staff indicate that community amenity contributions were discussed by Council (In Camera). The community should be permitted to be involved in this process; - The development is aimed at the high-end of the housing market and will result in the displacement of lower-income people. There should be some onus on the developer to accommodate those being displaced. None of the foregoing speakers were opposed to the retention and restoration of the Abbott House, and several indicated a desire for this aspect of the proposal. Applicant Closing Comments Responding to a question from a member of Council concerning the applicant's proposed plans for the interior of the Abbott House, Mr. Cheng advised that initially, when looking at the Abbott House, the only thing that was listed of significance was the stained glass windows. Once it became apparent the exterior of the Abbott House is worth preserving, attention has been aimed at restoring the exterior and adding a garden to complement it. It is the intention to keep the interior as much as possible, but it will be necessary to rip the interior out and then rebuild it, due to the structural repair requirements of the house. In terms of amenities, the applicant is required to contribute $2.2 million as a community amenity contribution to the City, plus a $350,000 public art program, plus major open space, and gardens, so the amenities will be much greater than the parking lot which exists on this site at present. cont'd.... Clause 1(a) and (b) (cont'd) This development is also in keeping with Council's strategy of reducing traffic congestion by encouraging residential development in this area and reducing commuters. The application also provides for a substantial amount of bicycle parking within the new residential complex. Staff Closing Comments Staff offered no additional comments. Council Decision Prior to making a decision, several members of Council expressed the view that staff need to reconsider their approach when notifying residents about rezoning applications, as well as other City-related issues. Members of Council also referred to a previously requested report on waterfront tower height and Council expressed a desire to see this report as soon as possible. MOVED by Cllr. Bellamy, THAT this application be approved, subject to the conditions as set out in this minute of the Public Hearing. - CARRIED UNANIMOUSLY MOVED by Cllr. Price, THAT the City Manager ensure that when the anticipated report from the Housing Centre on housing affordability comes back, it deals with the issues related to Triangle West and new neighbourhoods. - CARRIED UNANIMOUSLY 2. Balcony Enclosures and Acoustic Requirements An application by the Director of Land Use and Development was considered as follows: The proposed amendments to various zoning District Schedules, Official Development Plans and CD-1 Comprehensive Development District By-laws, would either: - not allow any of the permitted residential floor area to be excluded from Floor Space Ratio (FSR) for enclosed balconies except in buildings existing prior to April 23, 1985 in which case the present regulations would apply; or cont'd.... Clause No. 2 (cont'd) - continue to permit a maximum of 8 percent of permitted residential floor area to be excluded form Floor Space Ratio (FSR) for balconies BUT to permit no more than half of excluded floor area to be enclosed; or - permit no more than 8 percent of permitted residential floor area to be excluded from Floor Space Ratio (FSR) for enclosed balconies. The proposed acoustic amendments would delete the acoustic requirement for balconies, terraces, patios, etc. Amended Balcony Enclosure Guidelines and Policies are also proposed. The Director of Land Use and Development recommended approval of this application. Staff Opening Comments Mr. Ralph Segal, Planner, provided background on this issue and introduced the options before Council this evening. In 1964, in order to improve livability in higher density multiple dwelling developments, open balconies were excluded from FSR to a maximum of eight percent of residential floor area. In the early 1980s, the City received numerous requests from owners of units in existing buildings to enclose their balconies for reasons of poor insulation and acoustics, air drafts and other interior problems. In response, Council in 1985 adopted balcony enclosure guidelines by which enclosed balconies would continue to be excluded from FSR. Subsequently, in response to the development industry's request for equity, Council permitted this exclusion to apply to new construction, subject to adherence to the guidelines. Since then, new buildings have, to an increasing degree, incorporated enclosed balconies as additional interior space displacing the private open space, the open balconies, for which the FSR exclusion had been originally provided. Since enclosed balcony space has been successfully marketed at the full per square foot price of the rest of the dwelling unit, many developers have been more and more aggressive in seeking the full eight percent exclusion for enclosed balconies. This differs from a mix of open and enclosed balconies that were anticipated when the exclusion was first put in place. cont'd.... Clause No. 2 (cont'd) With the aid of photographs distributed to Council (on file in the City Clerk's Office), Mr. Segal explained that enclosure of most or all balconies bulks up buildings by filling in the volumes of open balconies and intends to create less residential, more office-like buildings. Exclusions from FSR are usually given to encourage developers to provide facilities that are considered important for livability but would likely not be provided without that incentive. In this case, bonuses are being permitted when they the negative affect of displacing the private open space for which the FSR exclusion was intended. Recommendation A1 would eliminate the FSR exclusion for enclosed balconies except in the buildings existing prior to 1985, as per the original intent of the balcony enclosure provisions. Alternatively, should Council consider that enclosed balconies do have merit, A2 is offered which states that no more than half of the excluded balcony area may be enclosed. The third option, A3 is to simply allow outright the full eight percent exclusion to be enclosed. This application also proposes an acoustic amendment. At present, acoustic requirements in many district schedules and CD-1 by-laws apply to standards in both rooms within the unit as well as exterior balconies and patios. As the current standard often requires balconies to be enclosed, even when this is not desired, the proposed amendment will delete this requirement. Mr. Segal also explained that amendments are proposed to the balcony enclosure guidelines which would delete provisions calling for easy conversion of enclosed balconies back to open balconies, as well as adding several additional clauses which will clarify the design intent in new construction. Responding to a question from a member of Council, Mr. Segal advised of an error in the memorandum dated July 18, 1995 from the City Clerk, which referred this matter to Public Hearing. Recommendation A1 makes reference to excluding floor space ratio for enclosed balconies except in buildings existing prior to April 23, 1995. This should read April 23, 1985. A member of Council enquired whether these guidelines would permit a style of balcony sometimes referred to a french balconies. Mr. Segal advised this style would not be permitted under the proposed guidelines. Council members also enquired whether thresholds will still be required between the interior unit and the closed balconies. It was confirmed the proposed guidelines still contain this threshold requirement. cont'd.... Clause No. 2 (cont'd) Correspondence All correspondence received prior to this matter being referred to Public Hearing was included as Appendix E in the Council report. One additional letter stressing the need for more open balconies in Vancouver and another favouring option A2, were also received. Speakers The Mayor called for speakers for and against the application, and the following addressed Council. Mr. Hans Schmidt, representing the Society of Soundscape Preservation, expressed concern with the proposed deletion of acoustic requirements, on the grounds that if these requirements are deleted, the City is simply accommodating the noise which exists and not attempting to eliminate or reduce it. A greater emphasis should be directed towards elimination of the source of noise. Mr. Dugal Purdie, on behalf of the Urban Development Institute (UDI), indicated his support for option A2 as it represents an appropriate compromise. The UDI is strongly opposed to A1 as this would affect proformas upon which construction was predicated upon. Mr. Purdie urged Council to support recommendation A2 with an amendment to exclude the applicability of the guidelines to enclosed space, as the Institute believes the total design of the building should be left with the architects and reviewed through the existing development permit process, without the addition of guidelines. Mr. Stuart Howard, on behalf of the Architectural Institute of British Columbia (AIBC), lent his support to option A2, as it represents a compromise position. AIBC would ultimately prefer option 5 as stated in its May 30, 1995 brief to Council, but is willing to accept the compromise position. Mr. Howard suggested the Planning Department is naive in its support of option A1 because apartments are now significantly smaller in size and the continued requirement of an open balcony would result in a small, unusable space. cont'd.... Clause No. 2 (cont'd) MOVED by Cllr. Kennedy, THAT the City continue to permit a maximum of eight percent of permitted residential floor area to be excluded from Floor Space Ratio (FSR) for balconies, but to permit no more than half of excluded floor area to be enclosed; FURTHER THAT the requirement that thresholds be included in enclosed balconies be removed. - CARRIED Councillors Chiavario, Kwan and Price opposed) MOVED by Cllr. Kennedy, THAT those District Schedules and CD-1 by-laws containing an acoustic regulation be amended, to delete the acoustic requirement for on-site open space (i.e., balconies, terraces, patios, etc.), generally as outlined in Appendix A of the Policy Report dated June 6, 1995. - CARRIED (Councillor Sullivan opposed) MOVED by Cllr. Kennedy, THAT the Balcony Enclosure Guidelines and Policies, amended as noted in Appendix B of the Policy Report dated June 6, 1995, to reflect more practical utilization by residents, be approved. - CARRIED UNANIMOUSLY MOVED by Cllr. Kennedy, THAT Council advise the Planning Department that it supports "French Balconies" where appropriate and that language be incorporated in the balcony regulations and/or guidelines that would encourage their provision. - CARRIED UNANIMOUSLY 3. 3150 Rosemont Drive (The Kopernik Lodge) An application by Bernard Perreten Architects was considered as follows: The proposed amendment to CD-1 Comprehensive Development District By-law No. 4580 would: - allow some development to encroach into the front yard at the eastern part of the site. The required setback of 6.1 m would be reduced to 4.6 m to accommodate a previously approved addition at the eastern end of The Kopernik Lodge, an existing seniors care facility. The Director of Land Use and Development recommended approval, subject to the following conditions proposed for adoption by resolution of Council: (a) THAT the amendment to the form of development be approved by Council in principle, in plans generally as prepared by Bernard Perreten Architects and stamped "Received City Planning Department, May 11, 1995", provided that the Director of Planning may allow minor alterations to this amended form of development when approving the detailed scheme of development as outlined in (b) below. (b) THAT, prior to approval by Council of the amended 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) mature landscaping to be maintained; ii) remedial measures if previously required relocation and enclosure of the garbage containers and related measures have not satisfactorily mitigated odours and noise which were nuisances for adjoining neighbours; iii) provision of skylights in the second-storey of new development; and iv) design and exterior/rooftop installation of any ventilation and kitchen exhaust equipment to be completed in a manner that minimizes noises and odours for adjoining residents. Summary of Correspondence No correspondence was received on this application. cont'd.... Clause No. 3 (cont'd) Speakers The Mayor called for speakers for and against the application, and none were present. MOVED by Cllr. Clarke, THAT this application be approved, subject to the conditions as set out in this minute of the Public Hearing. - CARRIED UNANIMOUSLY RISE FROM COMMITTEE OF THE WHOLE MOVED by Cllr. Hemer, 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. Chiavario, 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 approximately 10:05 p.m.