CITY OF VANCOUVER

SPECIAL COUNCIL MEETING MINUTES

January 6, 1998

A Special Meeting of the Council of the City of Vancouver was held on Tuesday, January 6, 1998, at 7:30 p.m., in Council Chamber, third Floor, City Hall, for the purpose of holding a Public Hearing to consider proposed amendments to the Zoning and Development By-law.

PRESENT:	Mayor Philip Owen Councillor Don Bellamy Councillor Nancy A. Chiavario Councillor Alan Herbert Councillor Lynne Kennedy Councillor Daniel Lee Councillor Don Lee Councillor Gordon Price Councillor Sam Sullivan
ABSENT:	Councillor Jennifer Clarke (Sick Leave) Councillor George Puil (Sick Leave)
CLERK TO THE COUNCIL:	Nancy Largent

COMMITTEE OF THE WHOLE

MOVED by Cllr. Bellamy,

SECONDED by Cllr. Price,

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.

- CARRIED UNANIMOUSLY

1. Text Amendment: 5338-5490 Larch Street

An application by the Director of Land Use and Development was considered as follows.

Summary: The proposed text amendment to By-law No. 7829 would permit exclusion of below-grade storage spaces as shown in development plans approved in principle at Public Hearing on June 26, 1997 and approved by Council on December 9, 1997 as the Form of Development. The exclusion provision was inadvertently omitted from the posted draft By-law.

The Director of Central Area Planning, on behalf of Land Use and Development,

recommended approval.

Staff Comments

Tom Phipps, Planner, briefly reviewed the application. Mr. Phipps noted the text amendment would create no new floor space, would not change the form of development, and is a standard exclusion.

Summary of Correspondence

No correspondence was received on this application.

Speakers

The Mayor called for any speakers on this item, but none came forward.

Council Decision

Noting the lack of opposition to this standard exclusion, Council was disposed to approve it as recommended.

MOVED by Cllr. Don Lee,

THAT the application be approved.

- CARRIED UNANIMOUSLY

2. Text Amendment: 4950 Heather Street/4925 Cambie Street

An application by Davidson Yuen Simpson Architects was considered as follows:

Summary: The proposed amendment to the CD-1 would permit an addition to a seniors care facility (Youville Residence) and a new building for uses accessory to the existing church (Holy Name Church).

The Director of Central Area Planning, on behalf of Land Use and Development, recommended approval, subject to the following conditions as proposed for adoption by resolution of Council:

(a)THAT the proposed changes to the form of development for 4950 Heather Street (Lot B) be approved by Council in principle, generally as prepared by Davidson Yuen Simpson Architects, and stamped "Received City Planning Department, June 4, 1997", 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 changes to the form of development for Lot B (4950 Heather Street), the applicant shall obtain approval of a development application by the Director of Planning, who shall have particular regard to the following:

(i)design development to achieve compatibility with the adjacent residential neighbourhood with respect to issues of daylight, view, privacy and overlook, as well as the compatibility of the proposed form of development in terms of massing and composition;

(ii)design development to achieve compatibility with the existing buildings on Lots B and C, with respect to massing, composition, materials and details;

(iii)provision of a landscape plan to integrate the surface parking and entrance to the underground parking with the pedestrian oriented precinct between the church and the special needs residential facility;

(iv)provision of a tree retention, relocation and removal plan as part of the landscape plan submission; and

Cont'd

Clause No. 2 cont'd

(v)design development to improve security and visibility in underground parking, in accordance with section 4.12 of the Parking By-law, by ensuring that the garage is secured, by locating the exit stairs within view of the residents, and by painting the walls and ceiling of the parking garage white.

(c)THAT, changes to the form of development for 4925 Cambie Street (Lot C) be approved by Council before any development permit is issued.

(d)THAT, prior to approval by Council of the changes to the form of development for Lot C (4925 Cambie Street), the applicant shall obtain approval of a development application by the Director of Planning, who shall have particular regard to the following:

(i)the compatibility of the proposed development to the adjacent residential neighbourhood with respect to issues of daylight, view, privacy and overlook, as well as the compatibility of the proposed form of development in terms of massing and composition;

(ii)the compatibility with the existing buildings on Lots B and C, with particular regard for the Holy Name Church, with respect to massing, composition, materials, and details;

(iii)submission of a detailed landscape plan, integrating the surface parking and entrance to the underground parking with the pedestrian oriented precinct between the church and the special needs residential facility and including a tree retention, relocation and removal plan; and

(iv)provision of a long-term phasing plan to indicate proposed interim site use and development should the applicant intend to phase the development of the site.

(e)THAT, prior to enactment of the amending By-law and at no cost to the City, the registered owners shall:

(i)make suitable arrangements to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services for:

(1)clarification of the two easement and indemnity agreements charged to the land title of the site (a charge summary should be provided); and

Cont'd

Clause No. 2 cont'd

(2)provision of a reciprocal right of way agreement that will allow for the shared use of the driveway and maneouvring aisles that are proposed between Lots B and C;

(ii)make suitable arrangements, to the satisfaction of the General Manager of Engineering Services, for the provision of:

(1) upgrading the sewer main serving the site;

(2)undergrounding of all utilities from the closest existing suitable service point; and

(3)street trees adjacent to the site.

Staff Comments

Dave Thomsett, Senior Planner, reviewed the application, noting it consists of two components: a two-story addition to the seniors' intermediate care facility (Youville residence); and a new building (parish building) for church uses by Holy Name Church. At the time that the existing CD-1 zoning was approved, Council indicated it would not consider any revision unless a long-range plan were in place. Staff consider that the current application meets this condition . Although there is no Form of Development provided for the parish building, staff have proposed guidelines suitable for a phased development of this type.

Mr. Thomsett also commented on various issues raised by staff and the community, noting that many of these have been resolved. Both FSR and height have been reduced for greater compatibility with the adjacent residential neighbourhood. Several proposed uses for the parish building have been deleted, as it was questionable to what extent they could be considered "ancillary to Church use". The deleted uses included the library, health care unit, public cafeteria, and temporary (crisis) housing. Landscaping is being retained. There will actually be a significant increase in parking, with final numbers dependent on what is ultimately built. However, Mr. Phipps indicated the applicant is seeking a parking relaxation.

Cont'd

Clause No. 2 cont'd

Applicant Comments

John Davidson, applicant, described the history of the Youville residence, and indicated it has become inadequate to meet the needs of its increasingly frail residents. If upgrading were to proceed without expanding the size of the building, there would be a significant reduction in the number of beds. The current proposal will upgrade the facility to better meet the needs of existing residents, and will enable operations to continue on an economically viable scale; but there will be no expansion of service. Regarding various concerns which have been expressed during the process, Mr. Davidson indicated that density and height have been reduced about 25% in response. The provision of more parking on site is expected to improve the situation for the neighbourhood, since that now provided is well below the current parking standard. Traffic is not expected to approach the capacity of the street, and entrances and exits will be configured to encourage use of the 33rd Avenue arterial rather than the residential McGuigan Avenue. Plans for the parish building will evolve over time, with much dependent on the church's fund-raising efforts. For that reason, there may not be as much parking needed for the ancillary uses as would be required if built for the maximum uses envisioned. For that reason, the church would like to see the parking requirement relaxed if the eventual uses do not require as much parking.

Responding to questions, Mr. Davidson described the current and projected dimensions of the Youville residence. The additions are two stories, 26 to 28 feet. With respect to the parking relaxation, Mr. Davidson clarified that Holy Name Church has no difficulty with the by-law requirement for Youville and for the church, but is concerned about the requirement to provide one additional space per each 40 square metres for the ancillary use space, since the number of spaces which may actually be needed will vary dependent upon which uses are finally arrived at. However, the church is prepared to accept the requirements set by the Parking By-law, if necessary.

Paul Pinsker, Transportation Engineer, was asked to provide clarification regarding the parking requirement. Mr. Pinsker advised there could potentially be a difference of up to 30 spaces, depending on the ancillary uses realized. Section 1.4.9 of the Parking By-law does allow staff the discretion to take specific uses into account in determining the ultimate parking provision.

Cont'd

Clause No. 2 cont'd

Summary of Correspondence

The following correspondence was received on this application:

·140•1 letter of support forwarding a petition bearing 139 signatures;·140

·140•6 letters opposed to the application;·140

·140•1 letter opposed to the application forwarding 25 form letters, of which 18 cited specific concerns and 7 cited no specific concerns.·140

Speakers

Mayor Owen called for speakers for and against the application, and six speakers were heard.

The following four speakers opposed the application:

David Sinclaire, Cambie Residents Association (also read letter

From Thomas Teed; on file)

Pakho Lam, 600 Block McGuigan Avenue

Thomas Har, 600 Block West 33rd Avenue

Joe Myzak, Holy Name Church parishioner.

The foregoing opposed the application based upon one or more of the following grounds:

·140•a canvass of the neighbourhood carried out in 1995 indicated that 31% did not want an expansion of this facility based on concerns such as parking, traffic, noise, and added height and density, and many do not feel these concerns have been adequately dealt with;·140

·140•recent figures from the media and the Vancouver-Richmond Health Board indicate that the number of seniors will be declining, and that there is no critical need for additional seniors' beds;·140

·140•operating funds may not be forthcoming from the provincial government even if the residence expansion is approved;·140

·140•the expansion of these facilities will cause more noise, traffic, and strangers in the neighbourhood;·140

·140•the parking will eventually be made pay parking, and people will use the streets instead;·140

Cont'd

Clause No. 2 cont'd

·140•the sixth floor of the Youville residence is not occupied, and there is only one priest in the rectory, so an expansion is not needed at this time;·140

·140•there is a continuing decline in church attendance, with projections of a 60-65% decrease over the next 30 years;·140

·140•many of the proposed uses are not suitable to a church, and will create a commercial building;·140

·140•the church park should not be destroyed to create a commercial building.·140

In response to questions, Mr. Davidson provided further information on the residence renovations, which will enlarge the room sizes and improve such amenities as plumbing. All rooms in the residence are single rooms. Mr. Davidson also indicated there is no intent to charge for parking.

In response to questions, Karen Mothersill, residence manager, advised that the sixth floor of the Youville residence is a convent occupied by seven sisters. With regard to the need for seniors' beds, the residence has a two-year waiting list.

The following two speakers supported the application:

Gabriela Buttner, 1100 Block West 8th Avenue;

Francisco Cabanas, 3100 Block West 14th Avenue.

The foregoing supported the application based upon one or more of the following grounds:

·140•church volunteers have very little space available, and the proposed development will include needed additional meeting rooms and classroom space;·140

·140•the Youville residence renovation is a good thing for the elderly who need beds;·140

·140•the same classes and volunteer activities will continue to be carried out; they will simply be carried out in better, more comfortable facilities;·140

·140•this development is designed to meet the long-term needs of the facility, which are not expected to decline;·140

·140•Vancouver is a growing city with a large immigrant population, and the parish has not observed attendance going down.·140

The Mayor called for any further speakers, but none came forward.

Cont'd

Clause No. 2 cont'd

Staff Closing Comments

In response to a query, Mr. Thomsett was unable to provide statistics regarding the need for additional seniors beds in Vancouver, but pointed out that there will be no increase in beds resulting from the renovation of the Youville residence. Rather, renovations will improve the facility for its current residents. The Ministry of Health has already approved funding. Mr. Thomsett also reiterated that the originally proposed uses which were not properly ancillary to church use have been deleted; staff consider the list of uses remaining to be church-related.

Mr. Pinsker advised that the applicant did study traffic and parking issues in some depth. No increase in parking demand is expected for the church or the residence, but a minor potential increase is expected in connection with the parish building. The balance sheet should be approved by 20 additional spaces, possibly more depending on parish building uses. Mr. Pinsker indicated it may also be possible, at the development permit stage, to further refine the McGuigan Avenue exit and other features so as to reduce traffic circulating on neighbourhood streets and otherwise address neighbourhood concerns.

Applicant Closing Comments

Mr. Davidson declined the opportunity for closing comments.

Queried regarding the criteria required to be a resident, Ms. Mothersill explained the criteria required by the Ministry of Health for admission to an intermediate care facility.

Oberto Oberti, architect for the project, assured Council there is no intention to put the parish building to any commercial use, nor does the application contemplate it.

Council Decision

Council was generally disposed to approve this application. Following are some of the of the points which Council cited as rationale for approval:

·140•there are long waiting lists for seniors' beds at many care facilities, and placements are often difficult to obtain;·140

·140•larger rooms will be a real benefit to residents at Youville;·140

·140•Council has seen statistics suggesting that the number of seniors is increasing; ·140

·140•seniors will require services in their neighbourhoods;·140

Cont'd

Clause No. 2 cont'd

·140•although speakers at Public Hearings often express such concerns, they are seldom borne out; Council very rarely receives complaints regarding such facilities after they are in operation;·140

·140•the church has met Council's requirement to provide a long-range plan.·140

Council was not disposed to approve a parking relaxation, feeling there is sufficient flexibility in the existing Parking By-law to prevent an onerous requirement on the church should eventual uses require less parking. However, Council decided to make this explicit, and amended the Draft By-law accordingly.

MOVED by Cllr. Bellamy:

THAT the application be approved with the conditions set out in this Minute of the Public Hearing;

FURTHER THAT Section 6 (c) of the Draft By-law be amended to read as follows:

(c)for all other uses, including accessory uses to Church, a minimum of 1 space for each 40 m² of floor area must be provided subject to Section 4.1.9. of the Parking By-law.

- CARRIED UNANIMOUSLY

Underlining denotes amendment

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. Bellamy,

SECONDED BY Cllr. Price,

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

BY-LAWS

1. Zoning and Development By-law

Amendment to By-law No. 7829

5338 - 5490 Larch Street

MOVED by Cllr. Bellamy,

SECONDED by Cllr. Price,

THAT the By-law be introduced and read a first time.

- CARRIED UNANIMOUSLY

The By-law was read a first time and the Presiding Officer declared the By-law open for discussion and amendment.

There being no amendments, it was

MOVED by Cllr. Bellamy,

SECONDED by Cllr. Price,

THAT the By-law be given second and third readings and the Mayor and Deputy City Clerk be authorized to sign and seal the By-law.

- CARRIED UNANIMOUSLY

The Special Council adjourned at 8:45 p.m.

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(c) 1997 City of Vancouver