Agenda Index City of Vancouver

CITY OF VANCOUVER

REGULAR COUNCIL MEETING MINUTES

STANDING COMMITTEE OF COUNCIL ON

PLANNING AND ENVIRONMENT

JUNE 25, 1998

A Regular Meeting of the Council of the City of Vancouver was held on Thursday, July 25, 1998, at 4:50 p.m., in Committee Room No. 1, Third Floor, City Hall, following the Standing Committee on Planning and Environment meeting, to consider the recommendations of the Committee.

PRESENT:
Mayor Philip Owen
Councillor Don Bellamy
Councillor Nancy A. Chiavario
Councillor Jennifer Clarke
Councillor Alan Herbert
Councillor Lynne Kennedy
Councillor Daniel Lee
Councillor Don Lee
Councillor Gordon Price
Councillor George Puil
Councillor Sam Sullivan


CITY MANAGER'S
OFFICE:

Judy Rogers, Deputy City Manager

CLERK TO THE
COUNCIL:

Nancy Largent

COMMITTEE OF THE WHOLE

MOVED by Cllr. Bellamy,

SECONDED by Cllr. Kennedy,

THAT this Council resolve itself into Committee of the Whole, Mayor Owen in the chair.

- CARRIED UNANIMOUSLY

POLICY REPORTS

1. CD-1 Text Amendment - 1925 West 33rd Avenue File: 5308

(Arbutus Gardens)

June 19, 1998

MOVED by Cllr. Clarke,

THAT the application by John Northey of Arbutus Holdings Ltd. to amend the text of CD-1 By-law No. 4037 for 1925 West 33rd Arbutus Street (Arbutus Gardens) (Block 77, DL 526, Plan 11305, NWD) to allow the number of dwelling units to be increased from 302 to 750, be referred to a Public Hearing, together with:

(i)plans received January 30, 1998;

(ii)draft CD-1 By-law amendments, generally as contained in Appendix A; and

(iii)the recommendation of the Director Central Area Planning on behalf of Land Use and Development to approve, subject to conditions contained in Appendix B;

FURTHER THAT the Director of Legal Services be instructed to prepare the necessary CD-1 By-law text amendments for consideration at Public Hearing;

AND FURTHER THAT the Public Hearing not be held before September, 1998.

- rescinded

MOVED by Cllr. Kennedy,

THAT the foregoing motion be rescinded, and the report be referred to the July 7, 1998 Council meeting for consideration.

- CARRIED UNANIMOUSLY AND

BY THE REQUIRED MAJORITY

COMMITTEE REPORTS

Report of Standing Committee

on Planning and Environment

June 25, 1998

Council considered the recommendations of the Committee, as contained in the following clauses of the attached report:

Cl. 1: Significant Rezoning Applications

Cl. 2: 600 Pacific Street (Beach Neighbourhood 1A) Rezoning Issues

Cl. 3: Environmental Grants

Cl. 4: Urban Safety Commission Reports

Clauses 1 and 4

MOVED by Cllr. Clarke,

THAT the recommendations of the Committee, as contained in Clauses 1 and 4 of this report, be approved.

- CARRIED UNANIMOUSLY

600 Pacific Street (Beach Neighbourhood 1A)

Clause 2

MOVED by Cllr. Clarke,

THAT the recommendations of the Committee, as contained in Clause 2 of this report, be approved.

- CARRIED

(Councillors Chiavario, Herbert and Price opposed to recommendation C;

Councillors Chiavario, Kennedy and Price opposed to recommendation D)

COMMITTEE REPORTS (CONT'D)

Environmental Grants

Clause 3

MOVED by Cllr. Clarke,

THAT the recommendations of the Committee, as contained in Clause 3 of this report, be approved.

- CARRIED BY THE

REQUIRED MAJORITY

(Councillor Puil opposed to recommendations A and B)

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. Don Lee,

SECONDED by Cllr. Kennedy,

THAT the report of the Committee of the Whole be adopted.

- CARRIED UNANIMOUSLY

The Council recessed at 5:00 p.m., and following an In Camera

meeting in Committee Room No. 1, reconvened at 5:10 p.m.

with all members present except Councillor Puil.

ENQUIRIES AND OTHER MATTERS

1. Ward System File: 111

Councillor Kennedy referred to an article in the June 25, 1998 issue of The Vancouver Sun entitled "Ward System urged by SFU team".

Councillor Kennedy requested the Deputy City Manager coordinate a staff report providing information on the implications of a provincial order to impose a ward system and replace the current Greater Vancouver Regional District with an elected Greater Vancouver Authority.

The Mayor so directed.

The Council adjourned at 5:15 p.m.

* * * * *

REPORT TO COUNCIL

STANDING COMMITTEE OF COUNCIL

ON PLANNING AND ENVIRONMENT

JUNE 25, 1998

A Regular Meeting of the Standing Committee of Council on Planning and Environment was held on Thursday, June 25, 1998, in Committee Room No. 1, Third Floor, City Hall.

PRESENT:

Councillor Jennifer Clarke

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 George Puil
Councillor Sam Sullivan


CITY MANAGER'S
OFFICE:

Judy Rogers, Deputy City Manager

CLERK TO THE
COMMITTEE:

Nancy Largent

ADOPTION OF MINUTES

The Minutes of the Standing Committee on Planning and Environment of May 14 and 28, 1998, were adopted.

RECOMMENDATION

1. Significant Rezoning Applications File: 5302

The Committee had before it a list of significant rezoning applications, prepared by the Planning Department.

Jonathan Barrett, Planner, briefly reviewed the application by The Hulbert Group to rezone 600 Pacific Street from BCPED to CD-1. See also clause 2 of this report.

Mr. Barrett also reviewed an application by Architectura to rezone 1407 Granville Street from FCCDD to CD-1 to provide a City of Vancouver impoundment facility. Issues include traffic, land use, architectural and landscaping treatment, and whether grade-level uses along Beach Avenue meet the active frontage objective.

Tom Phipps, Planner, reviewed an application by Nigel Baldwin to rezone 6184 Ash Street for a Peretz community centre replacement, multiple dwelling and underground parking. Issues include increased floor area and traffic.

The following motion by Councillor Bellamy was put and carried. The Committee, therefore,

RECOMMENDED

THAT the Planning Department presentation on significant rezoning applications be received for information.

- CARRIED UNANIMOUSLY

2. 600 Pacific Street (Beach Neighbourhood Area 1A) File 5307:

Rezoning Issues

The Committee had before it a Policy Report dated June 18, 1998 (on file), in which the Director of Central Area Planning, in consultation with the Manager of the Housing Centre, General Manager of Engineering Services and Director of Community Services, Social Planning, sought guidance from Council on four issues before considering a revised rezoning application for 600 Pacific Street (Beach Neighbourhood Area 1A). The General Manager of Community Services recommended all of the issues be considered in the course of detailed analysis of the application.

Jonathan Barrett, Planner, outlined the issues as follows, and explained why staff agree they should be considered:

·additional density and a resultant increase in the number of residential units may be feasible but will require considerable design work;

·incorporation of a City-owned site (previously allocated for Dance Centre expansion) for non-market residential housing, to create a larger, more flexible site;

·a modest expansion to the marina to allow additional moorage,

·a road connection between Beach Crescent and Beach Avenue, to better accommodate transit and emergency access.

Brent MacGregor, Deputy City Engineer, provided additional information on the need for improved access re the road connection.

Bruce Maitland, Manager of Real Estate, responded to questions concerning the City-owned site.

Larry Beasley, Director of Central Area Planning, responded to questions concerning the urban design of Pacific Boulevard with reference to the proposed tramway. Mr. Beasley also clarified that Council is in no way obliged, should it approve the recommendations, to approve any of the foregoing once the matter proceeds to Public Hearing. Staff are simply enquiring, at this stage, whether Council is prepared to consider deviations from the existing ODP.

Clause No. 2 Continued

Rick Hulburt, Architect, provided further rationale for the applicant's requests to vary the ODP, and explained how access between Beach Avenue and Beach Crescent might be provided while discouraging shortcutting.

The Committee was prepared to consider an increase in density and use of the City-owned site for non-market housing, as recommended by staff. There was concern that expansion of the marina would block views of the water. However, the majority were prepared to consider it since additional moorage may be needed, particularly if the City wishes to establish a non-powered boat sanctuary in another area of False Creek. There is also some question whether boats block the view or are part of it. The Committee was also concerned about a road connection, fearing it would encourage short-cutting through a residential area. The majority were prepared to consider a drive-in, drive-out diverter, but would not consider through traffic. Finally, the Committee requested additional information on the urban design of Pacific Boulevard prior to the Public Hearing.

The following motion by Councillor Price was put and carried. The Committee, therefore,

RECOMMENDED

A.THAT Council indicate it is willing to consider additional density, and a resulting increase in the number of residential units, in Beach Neighbourhood Area 1A False Creek North Official Development Plan (FCN ODP) attributable to sites not owned by Pacific Place prior to 1998, noting that to date it has not been determined whether the additional density can be accommodated in the neighbourhood design.

B.THAT Council indicate it is willing to consider the incorporation of the City owned site, Lot 4 (Plan 9597, Blk.123, Lot 4), for non-market residential purposes.

- CARRIED UNANIMOUSLY

Clause No. 2 Continued

The following motion by Councillor Sullivan was put and carried. The Committee, therefore,

RECOMMENDED

C.THAT Council indicate it is willing to consider a modest expansion to the marina beyond that shown in the Beach Neighbourhood Area 1A of the FCN ODP.

- CARRIED

(Councillors Chiavario, Herbert and Price opposed)

The following motion by Mayor Owen was put and carried. The Committee, therefore,

RECOMMENDED

D.THAT Council indicate it is not willing to consider through traffic, but will consider a drive-in, drive-out diverter between the existing Beach Avenue to the west of Granville Street and the proposed Beach Crescent within the Beach Neighbourhood Area 1A.

- CARRIED

(Councillors Chiavario, Kennedy and Price opposed)

The following motion by Councillor Chiavario was put and carried. The Committee, therefore,

RECOMMENDED

E.THAT Planning and Engineering staff report back on an urban design review of the relevant portion of Pacific Boulevard so it can be completed in time for the report back on the tramway.

- CARRIED UNANIMOUSLY

3. Environmental Grants File: 2201

The Committee had before it an Administrative Report dated May 29, 1998 (on file), in which the Special Office for the Environment, in consultation with the General Managers of Engineering, Community and Corporate Services and the Medical Health Officer, recommended approval of two environmental grants, and submitted two additional requests for consideration. The City Manager concurred with these recommendations.

Doug Roberts, Manager, Environmental Protection, described the environmental grant program and associated review process, and briefly discussed the four applications before the Committee.

The following spoke on behalf of the grant requests submitted for consideration, reviewing their projects' goals and community needs met, and responding to questions concerning their project budgets and other particulars:

- John Wakefield, Cycling B.C., and Valerie MacTavish,

Creative Partners, on behalf of the "Road Worthy Program"

- Cheeying Ho, Better Environmentally Sound Transportation,

on behalf of the "Cycling Brochure Series"

The Committee was prepared to approve the grants recommended by staff, but felt additional budget information was required before a decision could be made on the requests submitted for consideration.

The following motion by Councillor Chiavario was put and carried. The Committee, therefore,

RECOMMENDED

A.THAT Council approve a grant of $20,000.00 to the Environmental Youth Alliance for their "Inner City Native Plant Initiative"; source of funds to be the Environmental Grant Fund in the Solid Waste Capital Reserve.

Clause No. 3 Continued

B.THAT Council approve a grant of $50,000.00 to Save Our Living Environment for their "Downtown Eastside, Gastown, and Chinatown Micro-Cleaning Initiative"; source of funds to be the Environmental Grant Fund in the Solid Waste Capital Reserve.

C.THAT Recommendations C and D of the Administrative Report dated May 29, 1998, be considered at a future meeting, and that staff provide additional information on the budgets of the projects requesting grants, including the proportion of the budget which the civic grant would constitute and other sources of funds, as well as information regarding Council's policy on funding deficits.

- CARRIED BY THE

REQUIRED MAJORITY

(Councillor Puil opposed to A and B)

4. Urban Safety Commission Reports File: 3144

On June 2, 1998, after hearing a Report Reference, Vancouver City Council referred the following reports based on work of the Urban Safety Commission to the Standing Committee on Planning and Environment for delegations to be heard (for additional actions, see the Council Minutes of June 2, 1998):

a)Administrative Report dated May 28, 1998, dealing with a paper entitled: "Reclaiming the Voice of the Canadian People Under the Canadian Constitution"; and

b)Administrative Report dated May 26, 1998, dealing with the Urban Safety Commission's Youth Crime Strategy.

Clause No. 4 Continued

Report (a) dealt with a request from the Federation of Canadian Municipalities (FCM) for additional information and identification of specific issues justifying new legislation related to a Council resolution of July 29, 1997, which recommended that:

"the Federation of Canadian Municipalities request the Minister of Justice to introduce legislation to increase the effectiveness of law enforcement, utilizing where necessary Section 33 of the Charter of Rights and Freedoms to limit in a selective fashion the application of the Charter to correspond more closely with the values of our communities and our law abiding citizens".

Issues identified were sentencing practices and the interpretation of Charter sections governing search and seizure and the exclusion of evidence. The City Manager's recommendations are generally reflected in the recommendations of this report.

Report (b) dealt with a youth crime strategy put forward by the Urban Safety Commission, including recommendations on crime prevention and legislative changes to the Young Offenders Act. The City Manager's recommendations are reflected in the recommendations of this report.

Patsy Scheer, Assistant Director of Legal Services, gave a brief review of the history of application of the Charter of Rights and Freedoms, and responded to questions.

The following speakers expressed concerns regarding report (a), which they perceived to principally target drug addicts:

Jim Leyden, Friends and Neighbours of Grandview Woodlands

Ann Livingston, Vancouver Area Network of Drug Users

William Sandquist, Consumer Board, DTES HIV-IDU Action Plan

Clause No. 4 Continued

Following are some of the comments made by the foregoing:

·implementation of the recommendations would make drug users an "underclass" with less civil rights than other Canadians;

·if implemented, the recommendations would give the police carte blanche, and allow the Police to ignore part of the Charter of Rights;

·rather than resort to draconian measures, the City should pursue additional treatment facilities for the addicted;

·a drug maintenance program would help to reduce drug-related crime;

·stricter measures undertaken in the United States have not reduced crime;

·the police believe increased prosecution of and longer sentences for addicts to be a waste of time;

·addiction should be recognized as an illness rather than a crime, and treated with compassion.

The Committee wished to correct any mis-impression that Council would be recommending that the Charter be amended, or that it not apply to everyone equally. Only its interpretation is being questioned. The paper being put forward was prepared by an expert in constitutional law, and many of the examples indicate very close upper court decisions. The City Manager's recommendation A was amended by deleting the quoted Council resolution of July 29, 1997, in hopes of correcting any mis-impression.

Noting there were no speakers registered with respect to report (b), the Committee agreed to endorse the recommendations of the Urban Safety Commission as put.

The following motion by Councillor Chiavario was put and carried. The Committee, therefore,

RECOMMENDED

a) Paper entitled: "Reclaiming the Voice of the

Canadian People Under the Canadian Constitution"

A.THAT Council submit the paper entitled "Reclaiming the Voice of the Canadian People under the Canadian Constitution", written in response to the Federation of Canadian Municipalities' request for more information on Council’s motion of July 29, 1997.

Clause No. 4 Continued

B.THAT in response to the request of the Federation of Canadian Municipalities for the identification of specific issues justifying new legislation and the use of Section 33 of the Charter of Rights and Freedoms, Council advance the issues of sentencing practices and the interpretation of the Charter sections governing search and seizure and the exclusion of evidence, as described in the paper entitled "Reclaiming the Voice of the Canadian People under the Canadian Constitution"

C.THAT Council resubmit its July 29, 1997 resolution requesting that "The Federation of Canadian Municipalities respectfully advise the Justices of the Supreme Court of Canada, the Federal Court, and the Provincial Courts that the communities of Canada are threatened by criminal activity, and request that the interests of the community and its law abiding members receive greater weight in their deliberations".

- CARRIED

(Councillors Bellamy and Puil opposed to A)

b) Urban Safety Commission's Youth Crime Strategy

The following motion by Councillor Kennedy was put and carried. The Committee, therefore,

RECOMMENDED

A.THAT Council endorse the recommendations of the Urban Safety Commission on a Youth Crime Strategy for the City of Vancouver, which includes:

i)Crime Prevention - encouraging programming to address the social and institutional factors associated with criminal activity before a youth begins committing crimes;

Clause No. 4 Continued

ii)Legislative Changes to the Young Offenders' Act - ensuring the Act deals more effectively with violent and repeat offenders.

B.THAT Council forward the Urban Safety Commission's report on a Youth Crime Strategy for Vancouver to the Federal Minister of Justice, and to the Provincial Attorney-General, highlighting the need to make adequate federal funding available to ensure the viability of implementing the new Youth Strategy.

- CARRIED UNANIMOUSLY

The meeting adjourned at 4:50 p.m.

* * * * *


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