CITY OF VANCOUVER

SPECIAL COUNCIL MEETING MINUTES

MAY 18, 1999

A Special Meeting of the Council of the City of Vancouver was held on Tuesday, May 18, 1999 at 7:30 p.m., in Council Chambers, 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 Alan Herbert Councillor Lynne Kennedy Councillor Daniel Lee Councillor Don Lee Councillor Gordon Price Councillor George Puil Councillor Sam Sullivan
ABSENT:	Councillor Nancy A. Chiavario (Leave of Absence) Councillor Jennifer Clarke
CLERK TO THE COUNCIL:	Tarja Tuominen

COMMITTEE OF THE WHOLE

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

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: 5108-5160 Joyce Street & 3438 Vanness Avenue

An application by the Director of Central Area Planning, on behalf of Land Use & Development, was considered as follows:

Summary: The proposed text amendment would delete adult-oriented uses as permitted uses.

The Director of Central Area Planning, on behalf of Land Use & Development, recommended approval of the application.

Staff Comments

Rob Whitlock, Planner, briefly reviewed the application which proposes two modest changes to the CD-1 bylaw for the site. The developer and the Community Policing office support the amendment.

Summary of Correspondence

There was no correspondence received on this application.

Speakers

Mayor Owen called for speakers for and against the application.

Richard John Opitz, Vice-Chair, Strata Council at 3438 Vanness Avenue, spoke in favour of the application. The location of the SkyTrain station nearby would increase access to the types of people who would frequent the adult-oriented uses allowed in the existing CD-1 By-law.

MOVED by Cllr. Sullivan,

THAT the application be approved.

- CARRIED UNANIMOUSLY

2. Text Amendment: 6111 Cambie Street (St. John Ambulance)

An application by Greystone Properties Ltd. was considered as follows:

Summary: The proposed text amendment would increase the number of dwelling units from 56 to 62, allow for a small height increase and allow floor space exclusions for a glass-covered entry and walkway connection

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

THAT the proposed form of development be approved by Council in principle, generally as prepared by Hancock Br¸ckner Eng & Wright Partners, Architects, as part of the submission for DE 403844, received on December 18, 1998.

Staff Comments

Rob Whitlock, Planner, briefly reviewed the application, and offered to answer any questions.

Applicant Comments

Rene Rose, representing the applicant, advised she was present to answer any questions.

Summary of Correspondence

There was no correspondence received on this application.

Speakers

Mayor Owen called for speakers for and against the application and none were present.

MOVED by Cllr. Bellamy,

THAT the application be approved, subject to the condition as set out in this minute of the Public Hearing.

- CARRIED UNANIMOUSLY

3. Text Amendment: 6112-6138 Cambie Street

An application by the Director of Central Area Planning, on behalf of Land Use and Development, was considered as follows:

Summary: The proposed text amendment would permit bay windows, open-sided porches and verandahs, entry gazebos and parking/podium structures to project into the required setbacks; and exclude open-sided porches, verandahs, and entry gazebosfrom floor space calculations.

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

Staff Comments

Rob Whitlock, Planner, briefly reviewed the application, noting the proposed text amendment proposed a series of changes to accommodate the form of development.

Summary of Correspondence

There was no correspondence received on this application.

Speakers

Mayor Owen called for speakers for and against the application and none were present.

MOVED by Cllr. Don Lee,

THAT the application be approved.

- CARRIED UNANIMOUSLY

(Councillor Sullivan not present for the vote)

4. Rezoning: 6162-6188 Cambie Street

An application by W.T. Leung Architects was considered as follows:

Summary: The proposed rezoning would permit 16 townhouse units.

The Director of Community 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 form of development be approved by Council in principle, generally as prepared by W.T. Leung, Architect, and stamped "Received City Planning Department, February 10, 1999", provided that the Director of Planning may allow 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, having concern for the following:

1. design development to take into consideration the principles of CPTED (Crime Prevention Through Environmental Design), having particular regard to:

- increasing safety and visibility in the underground in accordance with section 4.12 or the Parking By-law and consideration to painting the walls and ceiling of the parking garage white;

- clarification is required regarding the fire exit from the underground. Landscape plans indicate a fire exit on the north side of the development, architectural plans show no fire exits;

(Note to applicant: Separate, secured parking for individual town homes is considered positive);

- decreasing opportunities for theft in the underground. Clarification is required regarding how and where visitors exit from the parking lot;

- decreasing opportunities for break and enter. Units facing semi-private space have shown to be most susceptible to break and enter. Opportunities can be reduced by deleting areas of concealment outside of doors, windows and patios. Landscape treatment should encourage casual surveillance by other residents and people passing by to other units; and

- decreasing opportunities for graffiti on the lane.

(c) THAT, prior to enactment of the CD-1 By-law, the registered owner shall:

(i) consolidate the two parcels;

(ii) make arrangements to the satisfaction of the City Engineer and Director of Legal Services for the following:

- provision of an on-site storm water storage system; and

- all electrical and telephone services to be undergrounded within and adjacent the site from the closest existing suitable service point;

(iii) 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; and

(iv) make arrangements to the satisfaction of the Senior Planner for Tree By-law and Landscape review for the following:

… An arborist report by a certified arborist assessing all the trees over 8" in diameter, their health, location, size and species; recommendations for retention, relocation or removal; and management plan during construction.

… The landscape plan should reflect all trees over 8" in diameter to be retained, relocated or removed.

… The landscape plan should include additional street trees, where possible, to the approval of the City Engineer and Park Board.

Staff Comments

Rob Whitlock, Planner, reviewed the application, noting it was the second application in the same area to develop townhouses. The application is requesting a change from the RT-2 to CD-1 and is consistent with the Oakridge-Langara Policy Statement. The public response has been very small. Staff recommend approval.

Applicant Comments

David Richardson, representing the applicant, advised he was present to respond to questions.

Summary of Correspondence

Council was advised the following correspondence was received:

… one letter, with supporting material, opposed to the application.

Speakers

Mayor Owen called for speakers for and against the application.

The following spoke in opposition to the application:

… Isac Feldstein (brief filed)
… Eileen Ng
… Eldon Mooney

The foregoing speakers opposed the application based on one or more of the following points:

… the immediate area is composed of single family residences or duplexes; the proposed development will not fit in with the neighbourhood;
… the proposed angled entry into the parking garage will mean the only access to it will be from 46th Avenue;
… the proposed 2-1/2 storey development, with a height of 30-feet, will dwarf the one-storey bungalows nearby;
… the proposed Victorian style of building of the proposed development does not fit with the neighbourhood of modern-style homes;
… the development will mean a depreciation in value of the nearby single-family homes or duplexes;
… the units in the development are too close together;
… the development will increase the traffic in the immediate neighbourhood and create parking problems; only two guest parking spots are proposed in the complex;
… the proposed units have no washrooms on the main floor;
… the area has enough densification; the Oakridge-Langara Policy Statement should be revisited;
… the proposed units will be of no benefit to the area.

Applicant Closing Comments

Mr. W.T. Leung, applicant, advised he can abide by the conditions proposed by staff. The design proposed for the development is similar to the design for the development at Cambie and 45th. The width of the units is similar to that of a single-family dwelling. The angled driveway to the parking garage is proposed in response to concerns raised with the development at Cambie and 45th. The angular entrance would help reduce the incidence of travel on the lane, but the entrance can be changed.

Staff Closing Comments

Mr. Whitlock noted the development will help provide a variety of housing types in the area. The units will be ground oriented and more moderately priced. The 30-foot height is consistent with the Oakridge-Langara Policy. An analysis by Engineering staff identified an additional ten vehicles coming or going during peak times.

Paul Pinsker, Transportation Engineer, advised it would make more sense to have the driveway entrance to the parking garage at a 90-degree angle. Staff will monitor the traffic and a neighbourhood review can take place if traffic levels increase.

MOVED by Cllr. Puil,

A. THAT the application be approved, subject to the conditions as set out in this minute of the Public Hearing.

B. THAT staff consider changing the orientation of the parking driveway to a 90-degree angle as part of the review of the development application.

- CARRIED

(Councillor Don Lee opposed to A)
(Councillor Bellamy not present to the vote)

5. Text Amendment: 1610-1650 Bayshore Drive

An application by Hancock Br¸ckner Eng & Wright Partners, Architects, was considered as follows:

Summary: To permit an increase in the height of buildings, an increase in the size of rental incentive units and a decrease in the parking requirement.

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:

NOTE: These conditions have been amended in consultation with the Director of Legal Services and the applicant. The amendments are in bold.

(a) THAT the proposed form of development be approved by Council in principle, generally as prepared by Hancock Br¸ckner Eng + Wright, Architects and stamped “Received, City Planning Department, November 13, 1998” 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:

CPTED

(i) design development to take into consideration the principles of CPTED (Crime Prevention Through Environmental Design) having particular regard to reducing opportunities for theft and maximizing personal safety in the underground parking garage, break and enter and vandalism such as graffiti, ensuring that private and public pedestrian routes are distinguishable and providing direct access to all residential units from the underground parking garage;

CARDERO STREET ENTRANCE FOR BUILDING ‘D’

(ii) design development to the vehicular and pedestrian entrance and Porte Cochere off Cardero Street for Building ‘D’ to provide high quality paving materials and landscaping;

NORTH FACADE OF BUILDING ‘H’

(iii) design development to the northern facade of Building ‘H’ on Bayshore Drive to minimize the height of any retaining walls and ensure the difference of height between the public sidewalk and the entrances to the townhouses is no more than 1.1 m;

DESIGN DEVELOPMENT FOR LANDSCAPING AT CORNER OF CARDERO & GEORGIA

(iv) design development of the northwest corner of West Georgia Street and Cardero Street to provide a high quality landscaping treatment;

TREATMENT OF THE BASE OF BUILDINGS ‘C’, ‘D’ & ‘G’

(v) design development to the base treatment and floor plate configuration of Buildings ‘C’, ‘D’, and ‘G’ to minimize their impact on the northwesterly public view corridor seen from pedestrian sidewalk areas on the north side of Georgia Street;

Note to Applicant: Consideration should be given to double height lobby areas at-grade with extensive clear glazing, corner cutbacks to tower floor plates, asymmetrical floor plates, and clear glass railings for projecting balconies.

DELETE THE DRAFT AMENDMENT TO REDUCE PARKING REQUIREMENT

(c) THAT the amending By-law be amended to delete the amendment of the parking requirement.

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

FIRE ACCESS FOR BUILDING ‘D’

(i) execute an agreement, satisfactory to the General Manager of Engineering Services and the Director of Legal Services, to secure access and specific construction details for fire and emergency access to Building ‘D’, via the Porte Cochere, off Cardero Street;
(ii) execute an agreement, satisfactory to the General Manager of Engineering Services and Director of Legal Services, to secure fire and emergency access to Building ‘D’, at the northwest corner of Cardero Street and West Georgia Street, in the vicinity of the south side of Building ‘D’;

VOLUMETRIC TRANSIT R.O.W. PLAN

(iii) make suitable arrangements, satisfactory to the General Manager of Engineering Services and Director of Legal Services, for the modification of the Public Transit System Volumetric Right-of-Way plan;

VOLUMETRIC TRANSIT R.O.W. AGREEMENT

(iv) execute a modification agreement to the Public Transit System Volumetric Statutory Right-of-Way agreement, satisfactory to the General Manager of Engineering Services and Director of Legal Services, providing for (1) the Owner assuming costs for the removal and replacement of landscaping, structures and other improvements located on the Lands in the event of the construction of the Transit Works; and (2) the Owner assuming any additional construction, maintenance and operating costs of the transit works and system to be located in the modified public transit system volumetric Right-of-Way resulting from the new location of Building ‘D’, generally as shown in Appendix G of this report as opposed to the location of Building D approved in the 1993 rezoning, in the event of the construction of the Transit Works;

GROUND LEVEL TRANSIT R.O.W AGREEMENT

(v) execute a modification agreement to the Ground Level Transit System Statutory Right-of-Way agreement, satisfactory to the General Manager of Engineering Services and the Director of Legal Services, providing for the owner assuming costs for the removal and replacement of landscaping, structures and other improvements located on the Lands in the event of the construction of the Transit Works;

TRANSIT TUNNEL CONSTRUCTION

(vi) discharge to the satisfaction of the General Manager of Engineering Services and Director of Legal Services, of the Transit Tunnel Construction and Maintenance Agreement respecting the 1993 rezoning;

NO DISCRIMINATION AGAINST FAMILIES WITH CHILDREN

(vii) execute an agreement, satisfactory to the Director of Legal Services, not to discriminate against families with children in the sale of residential units, exceptfor units designated for seniors;

RENTAL TENURE

(viii) execute an agreement, satisfactory to the Director of Legal Services and the Manager of the Housing Centre, to secure the rental tenure of Building ‘D’ in perpetuity;

BUILDING ENVELOPES FOR SOCIAL HOUSING AND OTHER BUILDINGS

(ix) amend the legal agreement, satisfactory to the Director of Legal Services, the Director of Planning and the Manager of the Housing Centre, regarding the building envelopes for social and market housing to reflect the revised form of development;

USE OF COMMON OPEN SPACE

(x) execute an agreement, satisfactory to the Director of Legal Services, the Director of Planning and the Manager of the Housing Centre that the privately-owned open space bordered by the market residential and non-market housing sites in sub-area 1 will only be allocated for the exclusive use of the adjacent residential properties, with the written approval of the Director of Planning;

INTERIM OPEN SPACE LANDSCAPING

(xi) execute an agreement, satisfactory to the Director of Legal Services and the Director of Planning, securing landscaping improvements for the privately-owned open space described in (b)(ix) above and the non-market housing sites, pending the development of the non-market housing;

CHILD CARE

(xii) amend the legal agreement respecting the provision of the child-care facility including the security arrangement charging the hotel, satisfactory to the Director of Legal Services and the Director of Social Planning, to ensure that a fully furnished, full-age range day care facility for 47 licensed spaces be provided and further that the facility shall comprise 484 m² (5,200 sq. ft.) (excluding additional circulation space required to accommodate the elevator, elevator lobbies and emergency exit stairwells) of indoor space and 437 m² (4,700 sq. ft.) of immediately adjacent, fenced and equipped play space which includes landscaping and grassed areas and must meet all community care facilities, licensing and day care requirements and be satisfactory to the Director of Social Planning;

Staff Comments

Michael Gordon, Planner, described the application, and noted the revised conditions of rezoning included in the agenda before Council this evening. The proposed development will change the location of one of the towers by moving it further west, which will reduce the width of the view corridor. Some views are affected negatively; others are affected positively. There is no change in the floor space ratio. The proposed location for the social housing site is an improvement on the former location. The proposal also deletes the parking amendment.

Larry Beasley, Director of Central Area Planning, advised the proposal preserves the maximum amount of the transit corridor; any intrusion into it creates problems in that the ability to use the corridor becomes more difficult.

Applicant Comments

Michael Geller, applicant, advised moving the building has created new views. The applicant has held extensive open houses in the area and addressed the concerns of neighbours regarding potential loss of views.

Summary of Correspondence

There was no correspondence received on this application.

Speakers

Mayor Owen called for speakers for and against the application.

Mr. Kenneth Knott, Chair of Strata Council, 1723 Alberni Street, advised a number of residents in the building are concerned with the loss of views. They were aware of the height of the buildings at 1610-1650 Bayshore Drive when they bought their units. However, with the proposed change in view corridors, a number of people will be affected by the rise in the height of towers. Everyone in the northeast corner of the building, down to the 22nd floor, will be affected. Mr. Knott did not see any need to deviate from the previous proposal.

Mr. Ron Tamlyn, Strata Council, 1790 Bayshore Drive, advised the Council in his building was involved in discussions with the applicant in the change to the heights. The Strata Council approves of the proposed changes.

Applicant Closing Comments

Mr. Geller advised the lower floors will have less mass and more open space. In addition, buildings will be pulled back from Cardero, creating more landscaping. He has been in contact with over 100 people regarding view impacts and alleviated their concerns. Anyonewho lives on the 23rd floor, or higher, will not lose views.

Staff Closing Comments

Mr. Gordon advised the proposed rezoning offers very significant public benefits. The proposed change in the form of development will provide: dirt sites for social housing; a day care site much more preferable to what was originally proposed in the quality of open space and access to light and views; less view blockages by adding mass to the top of towers; in balance, more positive view impacts; and advantages for moving of the rapid transit right-of-way.

Mr. Beasley noted the previous proposal had market housing located on top of social housing. In previous developments, it has been difficult getting funding for the social housing component. Staff have tried to create identifiable and separate social housing sites to be more able to get funding and move on them when funding is available. Regarding views, the impact on views at lower levels has improved.

Council Discussion

During discussion, Council noted the late hour and the need to have further information on a number of concerns and questions.

MOVED by Cllr. Puil,

THAT the application be refused.

- deferred

MOVED by Cllr. Sullivan,

THAT consideration of the foregoing motion be deferred, pending receipt of information from staff clarifying issues on: views ( view impacts, public view impacts, view impacts on 1723 Alberni Street); explanation of public benefits and impacts of other decisions, e.g., transit, public housing benefits, details on potential changes in funding.

- CARRIED

(Councillor Puil opposed)

RISE FROM COMMITTEE OF THE WHOLE

MOVED by Cllr. Bellamy,

THAT the Committee of the Whole rise and report.

ADOPT REPORT OF COMMITTEE OF THE WHOLE

MOVED by Cllr. Bellamy,
SECONDED by Cllr. Sullivan,

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 adjourned at 10:30 p.m.

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