CITY OF VANCOUVER SPECIAL COUNCIL MEETING A Special Meeting of the Council of the City of Vancouver was held on Thursday, March 12, 1996, 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. PRESENT: Mayor Owen Councillors Bellamy, Chiavario, Clarke Hemer, Kwan, Price, Puil and Sullivan ABSENT: Councillor Ip Councillor Kennedy CLERK TO THE COUNCIL: Gary MacIsaac COMMITTEE OF THE WHOLE MOVED by Cllr. Bellamy, SECONDED by Cllr. Puil, 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 and to consider a proposed Heritage Revitalization Agreement. - CARRIED UNANIMOUSLY 1. Rezoning: 2897 West 41st Avenue An application by Chandler/Rasmussen Architects was considered as follows: The proposed rezoning from RS-1 One Family Dwelling District, to CD-1 Comprehensive Development District, would: - permit a 103.9 m› (1,118 sq. ft.) main floor dental office, or other professional office uses; - permit a 93.8 m› (1,010 sq. ft.) dwelling unit above; - limit density to a maximum floor space ratio of 0.60; - limit height to a maximum of 10.7 m (35 ft.); - require a minimum of 5 underground parking spaces; and - require amendments to the Sign By-law and consequential amendments. cont'd....Clause No. 1 (cont'd) The Director of Land Use and Development recommended refusal of this application. However, should Council approve this application, the Director of Land Use and Development would recommend that the following conditions be adopted by resolution of Council: (a) That the proposed form of development be approved by Council in principle, generally as prepared by Chandler/Rasmussen Architects, and stamped "Received City Planning Department, May 24, 1994", 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) provision of six new street trees, four along West 41st Avenue and two along MacKenzie Street; ii) a separate application (one copy of Landscape plan) to Engineering for the approval of locating plant material on public property; iii) reduced width of the entry walkway from West 41st Avenue; iv) clarification of proposed fencing; v) secure the rear yard and deck from the entry/ramp area; vi) reduced extent of sidewalks in the front yard (MacKenzie Street frontage); vii) provision of a partial trellis over the ramp to screen the opening and extent of concrete; viii) the interior side yard should be heavily landscaped to provide an adequate buffer to the adjacent property; and cont'd....Clause No. 1 (cont'd) ix) provision of separate and distinct entries for office/commercial and residential uses. x) parking ramp grade cannot exceed 10% in the first 6 metres and should not exceed 12.5% thereafter. It should be noted however that the secondary ramp grade can be increased to a maximum of 15% if the design of the development or the site peculiarities dictate. (c) That, prior to enactment of the CD-1 By-law, the registered owner shall: i) make arrangements for all electrical and telephone services to be underground within and adjacent the site from the closest existing suitable service point; and 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. Staff Opening Comments Mr. Tom Phipps, Planner, advised the proposed zoning involves two separate principal uses, of which one is a dwelling unit, and the second is a commercial office. The application does not involve live/work or a home occupation use. Staff do no recommend approval of a commercial office use in this otherwise residential area. The critical test of any rezoning application is to show there is a need for more land to be zoned for the type of use proposed, in this case more commercial development potential. The applicant has not demonstrated there is a lack of development potential available in the nearby commercial districts. To the contrary, there is an apparent surplus of commercial sites nearby. If in the future there was a demand for additional commercial zoning, staff would not recommend capacity be increased by rezoning individual sites, but would seek locations which are contiguous with the existing commercial zoning. cont'd....Clause No. 1 (cont'd) Staff feel the architects have created a good design for this site given its limitations, but the parking requirements leave too little room for a normal residential setback, resulting in a reduced rear-yard setback which is less than the RS-1 requirement. The height will also exceed the normal RS-1 height limit. However, should Council approve this application, staff recommend these limitations be accepted to allow the building to work properly and to achieve a suitable roof form. Also, should Council approve this application, staff recommend a broader list of professional uses to prevent the need for future text amendments on this site. Mr. Phipps also advised this approval may send a signal that Council is open to other rezonings in the area, and on arterial streets around the City. Mr. Phipps also noted an error in the Public Hearing agenda and asked the agenda be amended to reflect that the form of development drawings were received on August 9, 1995. Applicant Opening Comments Mr. Soren Rasmussen, architect, advised the application proposes three levels with the lowest being for parking, the main floor comprising a 1,100 square foot dentist office, and the upper floor being a two-bedroom apartment of approximately 1,000 square feet. At present there is a single-family dwelling on the site with vehicular access on 41st Avenue. The Engineering Department has insisted this access be relocated onto MacKenzie Street. The overall character of the development will look like a single-family dwelling and be in keeping with the surrounding neighbourhood. Dr. Saida Rasul provided background on her dental practice which is community-based and has been in the neighbourhood for 20 years. Dr. Rasul has owned the practice for past 10 years and operates a two-person office comprised of herself and her receptionist. All of the basic dentistry work is done by Dr. Rasul and her patients come from the Kerrisdale neighbourhood and many are within walking distance. cont'd....Clause No. 1 (cont'd) The rezoning application was initiated due to leasing problems at her present location. Currently Dr. Rasul is on a year-to-year lease, which is not healthy for either the dental practice or the patients. In response to the statements that there is adequate commercial space elsewhere in Kerrisdale, Dr. Rasul advised she has looked at many locations in Kerrisdale, and cannot afford the building and leasehold improvement costs. Parking is also a prohibitive factor in securing space. Dr. Rasul advised she has undertaken an extensive community consultation process, including two open houses. The input received from these forums was incorporated into a new design which was approved by the Urban Design Panel in August 1995. Approval of this application will allow Dr. Rasul to maintain her small neighbourhood practice in the Kerrisdale area, and also allow her elderly parents to continue living at their present location. Summary of Correspondence The following correspondence was received: - 16 form letters in favour of the application; - 6 additional letters in favour of the application; - petition containing 55 names in favour of the application; - 5 letters supporting the application outlining traffic and safety concerns which need to be addressed; - 15 form letters, one containing 21 signatures, opposing the application; - 21 additional letters opposing the application, of which one was signed by 17 people; - petition containing 75 names opposing the application. Speakers Mayor Owen called for speakers for and against the application. The following were in favour of the application to rezone 2897 West 41st Avenue: - Bruce Higgs - Art Cowie - Robert Otway-Ruthven - Dr. Omar Kassam cont'd....Clause No. 1 (cont'd) - Dr. Nurdin Ahmed - John O'Neil - Barbara Glick - Harry Brodie - Diana Maughan - Craig Rowland. The foregoing speakers supported the application on one or more of the following grounds: - The application allows easy access for seniors and the disabled; - This is a small low-key, community-based practice which will not generate a lot of traffic or disruption to the neighbourhood; - This type of use is serving a public need and should be viewed as a neighbourhood amenity; - The application will improve upon the look of the immediate area which is becoming run-down, and the proposed design will ensure the development will blend in with the existing neighbourhood; - The City needs to address safety concerns arising from the busy flow of traffic on 41st Avenue; - This application has the support of the neighbours; - The City needs to find alternative ways to accommodate our growing population, and this presents an opportunity to be creative; - The proposed design is better than what could result under the existing RS-1 zoning. The following speakers opposed the application: - James Moroney - Robert Gilley. cont'd....Clause No. 1 (cont'dl) The foregoing speakers opposed the application for one or more of the following reasons: - This is a non-commercial family neighbourhood, and this type of development is not appropriate; - There is no evidence of public need, other than the singular need of the applicant; - There are numerous other spaces in the neighbourhood which could be leased, which already have the appropriate zoning in place; - References to a live/work application are incorrect, as the dentist will not occupy the residential space; - Changes required to make a commercial building into a residential building result in size, form and height problems; - Approval of this application will start a trend which will result in the erosion of the residential neighbourhood. Applicant Closing Comments Dr. Rasul confirmed that the petition in favour of the application was completed after the open houses were held in March 1995. Staff Closing Comments Mr. Tom Phipps agreed there are many strong arguments in favour of developing local commercial uses that would allow upper storey residential uses. This is a desirable objective, but it is already achieved in C-1 and C-2 commercial districts. In this particular instance, there are already sites available in the existing commercial districts in the neighbourhood. Mr. Phipps reiterated that staff recommend refusal of this application. cont'd....Clause No. 1 (cont'd) Council Discussion During Council discussion of this item, a member of Council commented that the issue of traffic safety at 41st Avenue and MacKenzie was referenced by several delegations and in several pieces of correspondence. It was requested this matter be referred to the Vancouver Traffic Commission. MOVED by Cllr. Hemer, THAT the application be approved, subject to the conditions as set out in this minute of the Public Hearing. - carried MOVED by Cllr. Puil (in amendment), THAT only one dentist and two dental chairs be permitted on this site. - LOST (Councillors Bellamy, Chiavario, Clarke, Hemer, Price Sullivan and the Mayor opposed) MOVED by Cllr. Clarke (in amendment), THAT the health care office referred to in the draft by-law be restricted to dental use only. - LOST (Councillors Bellamy, Hemer, Kwan, Price, Sullivan and the Mayor opposed) MOVED by Cllr. Clarke (in amendment), THAT item 2(b) in the draft by-law relating to general office uses be deleted from the by-law. - LOST (Councillors Bellamy, Hemer, Kwan, Puil, Sullivan and the Mayor opposed) The amendments having lost, the motion by Councillor Hemer was put and CARRIED with Councillors Puil and Sullivan opposed. 2. Heritage Revitalization Agreement: 2015 West 8th Avenue (St. Augustine's Church) An application was considered as follows: The proposed by-law would authorize Council to enter into a Heritage Revitalization Agreement with the Roman Catholic Archbishop of Vancouver. The proposed Heritage Revitalization Agreement includes an increase in the maximum height and floor space, and the protection and conservation of the historic St. Augustine's Church at 2015 West 8th Avenue for 99 years. This report is before Council at a public hearing pursuant to section 592(8) of the Vancouver Charter. The Director of Land Use and Development recommended approval of this application. Staff Opening Comments Mr. Robert Lemon, Heritage Planner, advised the building in question is listed in 'A' category of the City's Heritage Register. The application before Council is for a Heritage Revitalization Agreement for the church building itself. The application to build a new parish centre received support from the Development Permit Board in September 1995, with the condition that it be subject to the applicant entering into a Heritage Revitalization Agreement as a form of protection for the church building. This agreement will be for 99 years. Mr. Lemon advised there have been a number of issues related to this application, and controversy has revolved around the loss of four heritage houses on the property which are listed in the 'C' category of the Vancouver Heritage Register. Nonetheless, the Vancouver Heritage Commission supports this application because it involves retention of the landmark church building. There have been many enquiries as to the relocation of the houses on the site, and there is one current application to relocate at least three of the four houses to another site in Kitsilano, at the corner of 11th Avenue and Burrard Street. cont'd....Clause No. 2 (cont'd) St. Augustine's Church Opening Comments Mr. Bud King, on behalf of St. Augustine's Church, advised St. Augustine's is the only church of this age and size in Vancouver that does not have an activity centre. The centre is needed for all of the activity groups and it is intended that it will also be available for use by other non-profit agencies in the Kitsilano area. The Roman Catholic Archbishop of Vancouver has entered into this Heritage Revitalization Agreement which will provide for a complete class 'A' heritage designation of the church for a 99-year term. This is in return for a minor adjustment to the height and floor space ratio requirements of the activity centre. Mr. King advised the church is aware and mindful of community concerns about the houses which will have to be removed to make way for this development, and have worked with the community to find people who are interested in moving these buildings. Summary of Correspondence A review of the correspondence in this matter indicated the following: - one letter in favour of the application; - one letter opposing any demolitions on site; - one petition containing over 700 signatures opposing any demolitions on site. Speakers Mayor Owen called for speakers for and against the application. The following speakers spoke in favour of the Heritage Revitalization Agreement: - Lynne Bryson, Chair, Vancouver Heritage Commission - Anne Tickle - Sandra Price-Hosie - Pat Battle - Sheila Colwill - Sidwell McLeod - Bill Clarke - Stanley Paulus cont'd....Clause No. 2 (cont'd) - Peter Dunlop - Catherine Kaye - Dr. Patrick Foran - Sterling Colwill - Anna Dwyer - Dr. Desmond Viegas - Lawrence Pillon - Bill Phillips - Christopher Stanbury. The foregoing speakers supported the application on one or more of the following grounds: - Over 1,500 families comprise St. Augustine's Church. The proposed application will benefit not only the church but also the neighbourhood at large; - The church is badly in need of an activity centre, with the current situation being untenable; - This project will meet both the present and future needs of St. Augustine's Church; - The activity centre will provide a space for people to meet and foster spirituality and a sense of community; - There is little or no cost to the City involved with this application; - The church building plans are in part subjected to the terms of a legacy which was left to St. Augustine's. This legacy directs that the funding must be allocated to a new activity centre; - The church is exceeding the City's parking standards, and there are additional spaces off-site. The following speakers opposed the application: - Shelley Johnson - Mike Douglas - Michael Tureski - Marilyn Kalman - Fred Renk - Rhonda Carriere. cont'd....Clause No. 2 (cont'd) The foregoing speakers opposed the application on one or more of the following grounds: - The increased activity associated with the centre will use the existing street parking, thus leaving no parking for nearby residents; - Traffic in the neighbourhood will increase, and add further to the greater volume which has resulted from traffic diversion methods on neighbouring streets; - One of the houses on the site was built in 1896, and is the oldest home in Kitsilano. This house is an asset to the City and the church should find a way to retain this house; - The majority of Kitsilano residents favour retention and no one supports demolition. The City should not sacrifice one heritage building for another, and the demolition of houses which will end up in the landfill should not be permitted; - The spirit of the community is also represented in this building; - As a compromise, the City could allow this heritage house to be situated on its lands which the Engineering Department presently has reserved for transportation uses which are unlikely to happen. MOVED by Cllr. Clarke, THAT the application be approved. - CARRIED UNANIMOUSLY MOVED by Cllr. Kwan, THAT, in the event the demolition of the heritage houses is inevitable, staff report back on options available to permanently save the houses. - deferred cont'd....Clause No. 2 (cont'd) MOVED by Cllr. Puil, THAT the motion by Councillor Kwan be deferred indefinitely. - CARRIED (Councillor Kwan opposed) The motion to defer having CARRIED, Councillor Kwan's motion was deferred indefinitely. 3. Text Amendments: Various Central Area Districts - Transfer of Heritage Density Potential An application by the Director of Land Use and Development was considered as follows: The proposed amendment to the RM-5, RM-5A, RM-5B, RM-5C, C-3A, C-5 and C-6 District schedules and the Downtown Official Development Plan would: give the Development Permit Board the authority to approve a maximum 10% extra density on a receiver development site in parts of the Central Area, where this extra density is derived from one or more heritage donor site(s) in the same parts of the Central Area. The Director of Land Use and Development recommended approval of this application. Staff Opening Comments Mr. Robert Lemon, Heritage Planner, advised the rezoning amendments being considered are the last in a series of adjustments to the transfer of density policies that have occurred in the past couple of years. These amendments focus on the receiver sites. At the moment, a rezoning is necessary for a receiver site to absorb density, but the proposed amendments would allow a receiver site to absorb up to ten percent of the density from a heritage site, through approval of the Development Permit Board rather than through a public hearing. cont'd....Clause No. 3 (cont'd) Mr. Lemon advised that for heritage sites, the ability to remove development pressures from a site is a significant incentive for preservation of important heritage buildings and the central area. Mr. Rick Scobie, Director of Land Use and Development, responded to questions from members of Council by advising that the amendments before Council deal with the receiver site, rather than the heritage site. At present, the Development Permit Board can approve a ten percent increase on the heritage site, but this proposal allows the Board to approve up to ten percent increase on the receiver site without going through a formal rezoning process. Responding to another question from a member of Council, Mr. Lemon advised that staff estimate that if the existing amount of committed bonus density were sold to receiver sites for residential purposes, it will result in approximately 400 residential units or 500 additional people in the Downtown area. Projections indicate that on an annual basis this could result in approximately 70-90 additional persons per year. Summary of Correspondence A review of correspondence on this subject indicated one letter received in support of the application from the Chinatown Historic Area Planning Committee. Speakers Mayor Owen called for speakers for and against the application, and none were present. MOVED by Cllr. Sullivan, THAT the application be approved. - CARRIED (Councillors Kwan and Puil opposed) 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. Sullivan, SECONDED by Cllr. Clarke, 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 Meeting adjourned at 11:20 p.m.