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CITY OF VANCOUVER

REGULAR COUNCIL MEETING MINUTES
STANDING COMMITTEE OF COUNCIL ON
PLANNING AND ENVIRONMENT

DECEMBER 3, 1998

A Regular Meeting of the Council of the City of Vancouver was held on Thursday, December 3, 1998, at 2:48 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 Nancy A. Chiavario Councillor Jennifer Clarke Councillor Alan Herbert Councillor Lynne Kennedy Councillor Daniel Lee Councillor Don Lee Councillor Gordon Price Councillor Sam Sullivan
ABSENT:	Councillor Don Bellamy (Sick Leave) Councillor George Puil (Civic Business)
CITY MANAGER'S OFFICE:	Ken Dobell, City Manager
CLERK TO THE COUNCIL:	Nancy Largent

COMMITTEE OF THE WHOLE

MOVED by Cllr. Don Lee,
SECONDED by Cllr. Herbert,

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

- CARRIED UNANIMOUSLY

COMMITTEE REPORTS

Report of Standing Committee on Planning and Environment
December 3, 1998

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

Cl.1: Warning to Prospective Purchasers -

2361 Prince Albert Street

Cl.2: Demolition of Nuisance/Dangerous

Building - 421 Hawks Avenue

CL.3: Taubman Proposal - Policy Review

and Rezoning Process

Clauses 1, 2 and 3

MOVED by Cllr. Clarke,

THAT the recommendations of the Committee, as contained in Clauses 1, 2 and 3 of this report, be approved.

- CARRIED UNANIMOUSLY

RISE FROM COMMITTEE OF THE WHOLE

MOVED by Cllr. Don Lee,

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. Herbert,

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

- CARRIED UNANIMOUSLY

The Council adjourned at 2:50 p.m,
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REPORT TO COUNCIL

STANDING COMMITTEE OF COUNCIL
ON PLANNING AND ENVIRONMENT

DECEMBER 3, 1998

A Regular Meeting of the Standing Committee of Council on Planning and Environment was held on Thursday, December 3, 1998, in Committee Room 1, Third Floor, City Hall.

PRESENT:	Councillor Jennifer Clarke, Chair Mayor Philip Owen Councillor Nancy A. Chiavario Councillor Alan Herbert Councillor Lynne Kennedy Councillor Daniel Lee Councillor Don Lee Councillor Gordon Price Councillor Sam Sullivan
ABSENT: CITY MANAGER'S OFFICE:	Councillor Don Bellamy (Sick Leave) Councillor George Puil (Civic Business) Ken Dobell, City Manager
CLERK TO THE COMMITTEE:	Nancy Largent

ADOPTION OF MINUTES

The Minutes of the Standing Committee on Planning and Environment of October 22/November 5, 1998, were adopted.

RECOMMENDATION

1. Warning to Prospective Purchasers -

2361 Prince Albert Street File: 2701-1

The Committee had before it an Administrative Report dated November 16, 1998 (on file), in which the City Building Inspector recommended that a 336D Notice be filed against the Certificate of Title to the property at 2361 Prince Albert Street. The one-family dwelling is being occupied as a multiple conversion containing three dwelling units. The General Manager of Community Services recommended approval as reflected in the recommendation of this report.

Carlene Robbins, Manager, By-law Administration Branch, reviewed the inspection history of the building. The owner has been instructed to either obtain the necessary permits, or restore the building to a one-family dwelling. In the interim, the 336 D Notice is recommended in order to warn any prospective purchasers of the building's lack of conformity to civic by-laws. The building is for sale.

Peeter Linde, property owner, requested Council not to order placement of a 336 D Notice against his property title. Mr. Linde felt that adequate warning is provided through the real estate disclosure, and felt it should be left up to any purchaser whether to apply for suite approval or return the home to single-family status. In addition, the time provided to deal with this situation seemed to him inadequate, especially for dealing with an old building.

Tom Timm, City Building Inspector, clarified that the 14-day order is to apply for a permit, not to complete renovations. After that, the owner will be required to establish a reasonable schedule and adhere to it. Mr. Timm also clarified that if the building is returned to single-family use, it need only comply with the building by-law in use when it was built. However, if the owner wishes a legal suite, it must comply with current by-laws. The matter cannot simply be left for the next purchaser to decide because of life safety issues, and the potential impact on any purchaser not aware that the building is non-compliant.

The Committee agreed that the City has a responsibility to warn prospective purchasers.

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

RECOMMENDED

THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the Property at 2361 Prince Albert Street (Lot A of 16 & 17, Block 107, District Lot 264A, Plan 5103) in order to warn prospective purchasers that there is a contravention of the Zoning and Development and Vancouver Building By-laws related to this building.

- CARRIED UNANIMOUSLY

2. Demolition of Nuisance/Dangerous

Building - 421 Hawks Avenue File: 2701-1

The Committee had before it an Administrative Report dated October 21, 1998 (on file), in which the City Building Inspector recommended that Council declare the building at 421 Hawks Avenue a nuisance and dangerous to public safety, and order its demolition. It was also recommended that a 336D Notice be filed against the Certificate of Title to the property. The General Manager of Community Services recommended approval as reflected in the recommendations of this report.

Carlene Robbins, Manager, By-law Administration Branch, reviewed the history of the building and rationale for recommending demolition. The building is insecure, there are no plans for redevelopment currently, and the property is up for sale. In the interim, a 336D Notice should be placed on the title to make prospective purchasers aware of the situation.

Constable Clark, Vancouver Police Department, reviewed the history of Police involvement with the building, which was occupied by drug dealers until rendered uninhabitable by fire. It has been the source of numerous neighbourhood complaints and 911 calls to the Police and the Neighbourhood Safety Office, regarding drug activities, noise and traffic. Calls and complaints have continued; although the building is now unoccupied, the neighbourhood remains fearful. The owner is an absentee landlord, but works just around the corner. The owner and the Police have talked about the house on a number of occasions, but the situation remains unresolved.

John Chadwick, Inspector, confirmed that the building remains a source of neighbourhood complaints. It has become such a problem that it must be monitored on a daily basis.

James Chan, property owner, requested that Council not order the building demolished. It rebuilt, but funds are not available to do so especially since the rental revenue has been lost. The property is for sale, and the building adds value to the property. Therefore, the prospective purchaser should have the opportunity to rebuild, or the present owners if funds become available. The building is currently boarded up for safety. Mr. Chan also felt much of the damage to the building was caused by the Police searching for drugs after the fire. He expressed dissatisfaction with Police response to his calls when the building was occupied by drug dealers to whom it had been sub-leased without his knowledge.

Constable Clark further clarified Police involvement with the building and discussions with its landlord.

Tom Timm, City Building Inspector, confirmed that physically, the building could be rebuilt, although it may be more economic to tear it down. However, the building continues to be a nuisance, and it should not be left in this state indefinitely.

The Committee agreed that the building should be demolished, and that the City has a responsibility to warn prospective purchasers in the interim.

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

RECOMMENDED

A. THAT Council declare that the building at 421 Hawks Avenue (Lots 21 and 22, Block 67, District Lot 181, Plan 196) is a nuisance and dangerous to public safety, pursuant to Section 324A of the Vancouver Charter.

B. THAT Council approve the Resolution attached to the Administrative Report dated October 21, 1998 and order the Registered owners of the property at 421 Hawks Avenue to remove the rear infill building and all demolition debris from the site within 14 days of a copy of the resolution being served pursuant to Section 324A of the Vancouver Charter.

C. THAT in the event of the failure of the owner to comply with the order of Council, Council further orders and hereby authorizes the City Building Inspector to have the rear infill building and all demolition debris removed at the expense of the owner.

D. THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the Property at 421 Hawks Avenue in order to warn prospective purchasers that as a result of the condition of the building and Council's resolution, the purchaser could suffer a significant expense if the By-law were enforced against him.

- CARRIED UNANIMOUSLY

3. Taubman Proposal - Policy Review

and Rezoning Process File: 5001

The Committee had before it a Policy Report dated November 18, 1998, in which the Director of Central Area Planning, in consultation with the General Manager of Engineering Services and Director of Legal Services, recommended a work program to deal with the Taubman proposal policy review and rezoning process, as well as a related pending proposal for further development of Robson Square. The General Manager of Community Services recommended approval, as reflected in the recommendations of this report.

Larry Beasley, Director of Central Area Planning, explained the objectives and time line of the proposed work program. Policy issues will be dealt with up front, in a transparent manner, efficiently and with the work cost-recovered. Mr. Beasley also referenced a letter to Council from the Robson Street Business Association dated November 27, 1998 (on file), which he felt to be consistent with the staff proposal.

Tom Phipps, Planner, reviewed the proposed work program and associated public process, which will assess policy issues and provide Council with sufficient information to determine whether there is a combination of uses, scale and form which may be contemplated in a rezoning application, without implying major departures from established objectives for the downtown. Analysis will address retail impacts on a project basis and in the overview, as well as implications for broader structural changes including geographic relationships. Mr. Phipps also referenced factors such as shared economic benefits, pedestrian connections, and the need to explore physical models of "non-mall" form of development.

Ray Spaxman, representing the Taubman Company, and Tom Simpson, representing British Columbia Buildings Corporation, expressed support for the staff recommendations.

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

RECOMMENDED

A. THAT a public policy review and rezoning process and timetable be approved as shown in Appendix A of the Policy Report dated November 18, 1998 to consider a policy framework and a specific development proposal for lands including the Concord Apex site, Block 48 (former Bus Depot) under option by the Taubman Company and potentially including the Queen Elizabeth Plaza.

B. THAT the Taubman Company contribute $463,120 for City work on the policy review and rezoning process, with $216,760 paid in installments of $108,380 on December 18, 1998 and February 1, 1999; and $246,360 to be paid at the time of the rezoning application, to be attributed to the required rezoning fee;

AND FURTHER THAT if no rezoning application is submitted, the City will refund any funds not actually spent at that time.

C. THAT staff resources and budget totalling $601,460 be approved for the policy and rezoning phases as summarized in Appendix B of the Policy Report dated November 18, 1998, with costs recovered including $463,120 to be received from the Taubman Company and $138,340 to be received from the B.C. Buildings Corporation (for similar policy review and rezoning process related to a pending further development proposed for Robson Square to be reported separately to Council when the process and timing is confirmed with the applicant), and that staff not expend $246,360 for Taubman if a rezoning application does not proceed or $138,340 for Robson Square if a proposal and rezoning application does not proceed.

D. THAT terms of reference and consultancies be approved for the following policy analysis: a retail impact assessment (generally as shown in Appendix C of the Policy Report dated November 18, 1998); an assessment of emerging downtown retail and entertainment patterns (Appendix D); and an assessment of potential change to downtown urban structure (Appendix E).

- CARRIED UNANIMOUSLY

The meeting adjourned at 2:48 p.m.

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(c) 1998 City of Vancouver