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.