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.