Council Meeting
March 7, 2023 · 09:30 am
Summary
- Council approved updates to the Model Business Improvement Area (BIA) Grant Allocation By-law and renewed two BIAs (Dunbar Village and Robson Street), on consent.
- Two candidates who failed to file 2022 election campaign financing disclosure statements were reported to council; both are disqualified from nomination until 2026.
- Local improvement billing rates for two 2022 projects (lane paving and lane lighting) were approved, on consent.
- Miscellaneous housekeeping amendments to the Zoning and Development By-law and related by-laws were referred to public hearing, on consent.
- Minor regulatory and policy amendments to the Zoning and Development By-law (including changes to rooftop structures, mezzanine definitions, and social housing flexibility) were referred to public hearing.
- Three rezoning applications for new rental housing were referred to public hearing: 657-685 East 18th Avenue (four-storey market rental), 5995-6015 Dunbar Street (five-storey market rental), and 3205 Arbutus Street (four-storey mixed-use with 54 rental units).
- Nine by-laws were enacted, including permanent patio regulations for businesses on private property, green building regulation simplification, Still Creek floodplain updates, and several rezoning by-laws.
- Forms of development approved for two sites: 2005 East 40th Avenue and 220 East 6th Avenue.
- Consequential policy amendments to the Secured Rental Policy and C-2/C-2B/C-2C/C-2C1 Guidelines for Residential Rental Tenure Buildings enacted, following earlier approval of green building regulation changes.
- Council directed staff to consult Vancouver's Black and African diasporic communities in 2023 on a suitable flag to fly at City Hall for Black History Month 2024, with a report back by end of Q3 2023.
- Acting Mayor roster updated: Councillor Meiszner to replace Councillor Montague for May 2023.
- Several leaves of absence granted for councillors and the Mayor.
- Council approved Councillor Klassen's travel to the BC Care Providers Association Annual Conference in Victoria.
Minutes approved
- – February 14, 2023 Council
- – February 14 and 21, 2023 Public Hearing
- – February 15, 2023 Policy and Strategic Priorities
- – February 16, 2023 Public Hearing
Motions
Amend Model BIA Grant Allocation By-law
- Council is asked to update the Model Business Improvement Area (BIA) Grant Allocation By-law, which serves as a standard template used whenever a BIA is created or renewed.
- The Model By-law was last updated in 2017; this revision addresses several issues identified over the past five years through collaboration between the City and the Vancouver BIA Partnership.
- Key proposed changes include: ensuring BIA societies have rules for distributing unspent funds if dissolved; prohibiting inequitable voting rights and paid salaries for elected directors; allowing virtual meetings; and clarifying that BIA grant money need only be tracked in a separate ledger rather than a separate bank account.
- The amendments also add privacy requirements governing how BIA societies handle personal information from commercial property owner and business licence records shared by the City.
- The updated Model By-law will apply to all future BIA renewals and new BIAs going forward, with existing BIAs adopting the new provisions at their next renewal.
- The Vancouver BIA Partnership supports all proposed amendments, and staff confirm there are no direct financial implications from the changes.
Approve BIA Renewals 2023
- Council is asked to approve the renewal of two existing Business Improvement Areas: the Dunbar Village BIA (3-year renewal) and the Robson Street BIA (5-year renewal).
- BIAs are funded through a special property tax levy on commercial properties within their boundaries, with funds granted to the BIA managing society to run business promotion schemes.
- In November 2022, Council initiated the renewal process and directed staff to notify all affected commercial property owners and business tenants, giving them one month to file objections.
- Notification letters were mailed to property owners, and unaddressed letters were hand-delivered to businesses to account for turnover and ensure broad awareness.
- Under the Vancouver Charter, a BIA renewal is defeated only if more than half of property owners (representing more than half of commercial assessed value) or more than half of business tenants file objections; the report analyzes objections received by the January 27, 2023 deadline.
- If approved, staff will be directed to prepare by-laws to formally re-establish each BIA, set new funding ceilings, and authorize remittance of levy funds for each BIA's business promotion scheme.
Receive Campaign Financing Failure-to-File Report
- The Chief Election Officer is required by the Local Elections Campaign Financing Act (LECFA) to report to Council the names of any candidates who failed to file campaign financing disclosure statements following a general local election.
- Two candidates from the 2022 General Local Election did not file their disclosure statements by the February 13, 2023 deadline (120 days after election day): Mike Hansen (Mayoral candidate) and Heming Hopkins (School Trustee candidate).
- Candidates are first given 90 days to file, with an additional 30-day grace period allowed upon payment of a $500 late filing fee; both candidates missed the final extended deadline.
- Both candidates were notified of their filing obligations by Elections BC.
- As a consequence of failing to file, both individuals are disqualified from being nominated or elected to any municipal, regional district, school board, or Islands Trust position until after the next general local election in 2026; Elections BC will maintain the disqualification list.
- There are no financial implications for the City arising from this report.
Approve Local Improvement Billing Rates 2022
- The City is seeking to establish billing rates for two local improvement projects completed in 2022: one lane paving project and one lane lighting project.
- For the lane paving project, 37 properties will be billed a total of $147,507.49 at a rate of $111.25 per foot of frontage; for the lane lighting project, 10 properties will be billed $3,581.15 at $5.77 per foot.
- Property owners can pay their share interest-free by April 6, 2023; unpaid amounts will be added to property taxes and amortized over 15 years (paving) or 5 years (lighting).
- Actual project costs came in under the original estimates due to material savings, construction efficiency, and conservative initial estimates.
- Total recovery from property owners across both projects amounts to $151,088.64.
- Staff recommend approval of the billing rates as the final formal step in the local improvement process, with Legal Services directed to prepare the necessary debenture by-laws.
Refer Miscellaneous Zoning and By-law Amendments
- Staff are proposing a package of minor housekeeping amendments to the Zoning and Development By-law and several related by-laws, including the Sewer and Watercourse By-law, Water Works By-law, Sign By-law, and Sign Fee By-law.
- The changes are non-substantive in nature, addressing spelling and grammatical errors, correcting section references, updating use terminology to align with the recently reformatted Zoning and Development By-law (effective November 2022), and fixing omissions.
- Specific technical fixes include correcting height and building depth measurement language in several residential district schedules, fixing character house incentive regulations, and reassigning a CD-1 district to the correct sign schedule.
- The Downtown Eastside/Oppenheimer Official Development Plan will also be updated to reflect current use terms.
- These types of miscellaneous amendment reports are brought to Council approximately twice per year as part of continuous improvement to city by-laws.
- The item is referred to Public Hearing, where Council will consider formal approval of the by-law amendments.
Refer Minor Regulatory and Policy Amendments
- Referred minor regulatory and policy amendments to the Zoning and Development By-law to public hearing, including:
- New mezzanine definition and clarification that mezzanines are not counted as extra storeys in certain cases.
- Rooftop access and amenity structures, zero-emission mechanical equipment, and required guards excluded from the 10% roof area restriction.
- Cannabis Store changed from outright to conditional use in the FC-1 District.
- Removal of outdated vertical angle of daylight requirements from M-1 and M-2 Districts.
- Greater flexibility for social housing development in RM-4/RM-4N Districts.
- Consolidation and simplification of townhouse regulations in RM-7 and RM-8 District families.
- Companion updates to RM-3A/RM-4/RM-4N Social Housing Guidelines, RM-8 Guidelines, and Downtown Eastside Plan also to follow enactment.
Refer Rezoning 657-685 East 18th Avenue
657-685 East 18th Avenue- A rezoning application has been submitted to rezone three parcels at 657–685 East 18th Avenue from RS-1 (single-family residential) to RR-2A (Residential Rental) to allow a four-storey market rental apartment building.
- The site totals approximately 1,118 sq. m with 30 m of frontage on East 18th Avenue, and is currently vacant; surrounding area is predominantly low-density residential with some mixed-use commercial zoning to the east.
- The application is being processed under the City's Secured Rental Policy (SRP), which supports rental rezoning in low-density areas near transit and local shopping; the site meets the SRP's locational eligibility criteria.
- A Housing Agreement By-law will be required to secure the rental tenure of the building prior to enactment of the zoning amendment.
- Staff have assessed the application and recommend approval in principle, subject to conditions including design development through the future development permit process.
- The item is referred to Public Hearing for public input before any final decision is made by Council.
Refer Rezoning 5995-6015 Dunbar Street
5995-6015 Dunbar Street- A rezoning application for 5995–6015 Dunbar Street proposes to change the zoning from RS-5 (single-family residential) to RR-2B (Residential Rental) to allow a five-storey, purpose-built market rental apartment building.
- The site consists of three parcels totalling approximately 2,048 sq. m, currently occupied by three single-detached homes built in 1946; one existing rental tenancy is present and tenant protection policies apply.
- The application is consistent with the City's Secured Rental Policy (SRP), which supports up to five-storey rental buildings on arterial roads that are close to public transit and local shopping.
- The site is located on Dunbar Street, an eligible arterial corridor, and meets the SRP's locational criteria for low-density residential areas being rezoned for rental housing.
- Staff from the General Manager of Planning, Urban Design and Sustainability recommend approval in principle and are referring the application to a Public Hearing where the public and Council will have the opportunity to weigh in.
- A detailed building design has not yet been finalized and will be reviewed through the development permit process following any rezoning approval.
Refer CD-1 Rezoning 3205 Arbutus Street
3205 Arbutus Street- A rezoning application for 3205 Arbutus Street (southwest corner of Arbutus Street and 16th Avenue) proposes to change the zoning from C-1 (Commercial) to CD-1 (Comprehensive Development) to permit a four-storey mixed-use building with 54 secured market rental units and ground-floor commercial space.
- The proposal would increase the floor space ratio (FSR) from 1.20 to 2.56 and the building height from 10.7 m (35 ft.) to 19.2 m (63 ft.); the site currently operates as an active gas station.
- The application is being evaluated under the Secured Rental Policy (SRP), which encourages purpose-built rental housing and allows rezonings of up to six storeys in this area for secured rental projects.
- The surrounding neighbourhood includes nearby parks (Arbutus Greenway is 50 m away), childcare facilities, and the Kitsilano Community Centre; local schools (Trafalgar Elementary and Prince of Wales Secondary) are projected to be operating under capacity by 2031.
- Staff recommend approval in principle and are referring the application to a Public Hearing, with conditions including compliance with green building requirements and a Housing Agreement to secure the rental units long-term.
- Amendments to the Sign By-law and Noise Control By-law would also be enacted alongside any approved CD-1 rezoning by-law.
Enact By-laws 1-9
- Enacted nine by-laws, including:
- Permanent patio regulations for businesses on private property (previously temporary COVID-era rules made permanent).
- Simplified green building regulations removing redundant requirements from C-2/C-2B/C-2C/C-2C1 District Schedules.
- Building By-law housekeeping amendments.
- Electrical By-law updates to align with provincial electrical safety regulations.
- Rezoning by-laws for 2406-2484 Renfrew Street, 131-163 West 49th Avenue, and 622-688 Southwest Marine Drive (CD-1).
- Housing Agreement By-law for 601 Beach Crescent.
- Still Creek floodplain boundary and flood construction level updates to the Building By-law, with consequential policy amendments.
- Several councillors and the Mayor declared ineligible for specific by-law votes where they were absent or not yet on council at the time of the relevant public hearings.
Approve Form of Development – 2005 East 40th Avenue
2005 East 40th Avenue- Approved the form of development for 2005 East 40th Avenue (formerly 5590 Victoria Drive), as prepared by hcma architecture + design, submitted October 2022.
Approve Form of Development – 220 East 6th Avenue
220 East 6th Avenue- Approved the form of development for 220 East 6th Avenue (formerly 2202 Main Street), as prepared by Formosis Architecture, submitted June 2022.
Adopt Green Building Consequential Policy Amendments
- Adopted consequential policy amendments to the Secured Rental Policy and the C-2/C-2B/C-2C/C-2C1 Guidelines for Residential Rental Tenure Buildings, following enactment of the green building regulation simplification by-law.
- These amendments remove green building requirements that became redundant after Vancouver Building By-law changes approved in May 2022.
- Amendments take effect March 15, 2023, the same date as the related Zoning and Development By-law changes.
Flag Raising for Black History Month 2024
- Directed staff to engage Vancouver's Black and African diasporic communities in 2023 to identify a suitable flag or flags to fly at City Hall for Black History Month 2024.
- Context: 2024 marks the end of the UN International Decade for People of African Descent; council noted the City's ongoing Anti-Black Racism Strategy and MOU with the Hogan's Alley Society.
- Staff to report back by end of Q3 2023 with engagement findings and any recommendations for further council action.
Agenda documents (22)
ADOPTION OF MINUTES
REPORTS
1. Amendments to Model Business Improvement Area (BIA) Grant Allocation By-law
2. Approval of Business Improvement Area (BIA) Renewals 2023
3. Campaign Financing Disclosure Statements for 2022 General Election Local Election – Failure to File
4. Local Improvement – Approval of Billing Rates for Projects Completed in 2022
REFERRAL REPORTS
1. Miscellaneous Amendments – Zoning and Development By-law and Various Other By laws and Land Use Documents
2. Minor Regulatory and Policy Amendments – Zoning and Development By-law, Downtown Eastside Plan, RM-8 and RM-8N Guidelines, and RM-8A and RM-8AN Guidelines
3. Rezoning: 657-685 East 18th Avenue
4. Rezoning: 5995-6015 Dunbar Street
5. CD-1 Rezoning: 3205 Arbutus Street
BY-LAWS
A. Administrative Motions
1. Approval of Form of Development – 2005 East 40th Avenue (formerly 5590 Victoria Drive)
2. Approval of Form of Development – 220 East 6th Avenue (formerly 2202 Main Street)
3. Zoning and Development By-law Amendments to Simplify Green Building Regulations Subject to the approval of By-laws 2 and 9
B. Council Members’ Motions
1. Requests for Leaves of Absence
2. Change to Acting Mayor Roster
3. Flag Raising at City Hall to Recognize Black History Month in Vancouver in 2024
ENQUIRIES AND OTHER MATTERS
Vote matrix
| 1 | 2 | 3 | 4 | 5 | 6 | 12 | 13 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 | 25 | 26 | 27 | |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Ken Sim🥜 | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y |
| Christine Boyle🥜 | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y |
| Adriane Carr🥜 | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y |
| Sarah Kirby-Yung🥜 | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y |
| Mike Klassen🥜 | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y |
| Peter Meiszner🥜 | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y |
| Brian Montague🥜 | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y |
| Lenny Zhou🥜 | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y | Y |
| Rebecca Bligh🥜 | ||||||||||||||||||||
| Lisa Dominato🥜 | ||||||||||||||||||||
| Pete Fry🥜 |