CITY OF VANCOUVER
SPECIAL COUNCIL MEETING
A Special Meeting of the Council of the City of Vancouver
was held on Thursday, April 27, 1995, at 7:30 p.m., in the
Council Chamber, Third Floor, City Hall, for the purpose of
holding a Public Hearing to amend the Zoning and Development By-
law.
The meeting subsequently reconvened at 7:30 p.m. on Tuesday,
May 16, 1995, in the Council Chamber.
PRESENT: Acting Mayor Puil
Councillors Bellamy (present for
April 27th meeting
only),
Chiavario, Hemer, Ip,
Kwan, Price and
Sullivan
ABSENT: Mayor Owen (Civic Business)
Deputy Mayor Clarke (Illness)
Councillor Kennedy
MANAGER'S
REPRESENTATIVE: Judy Rogers, Assistant City Manager
Ted Droettboom, General Manager of
Community Services
CLERK TO THE COUNCIL: Gary MacIsaac
COMMITTEE OF THE WHOLE
MOVED by Cllr. Bellamy,
SECONDED by Cllr. Hemer,
THAT this Council resolve itself into Committee of the
Whole, Acting Mayor Puil in the Chair, to consider proposed
amendments to the Zoning and Development By-law.
- CARRIED UNANIMOUSLY
1. Rezoning: 272 East 4th Avenue
(Lot A, Block 25, D.L. 200A, Plan 16118)
An application by Kantex Manufacturing Co. Ltd. was
considered as follows:
The proposed rezoning, from IC-3 Industrial District to CD-1
Comprehensive Development District, would:
cont'd....
Clause No. 1 (cont'd)
˜ exclude mezzanines in artist "live/work" studios in the
computation of floor space ratio. This would allow an
additional 395 m› (4,250 sq.ft.) of floor area for
mezzanines in the 17 double-height units of an approved
34-unit, four storey artist live/work studio building
(the exterior envelope of the building would be
unchanged);
˜ require amendment to the Sign By-law, and possible
consequential amendments.
The Associate Director of Planning - Land Use & Development,
recommended approval subject to the following conditions proposed
for adoption by resolution of Council:
(a) THAT the proposed form of development be approved by
Council in principle, as shown in plans prepared by
Kasian Kennedy Architects Ltd. and approved by the
Director of Planning in Development Permit No. 216175
issued on August 17, 1994, and plans stamped "Received
City Planning Department, January 26, 1995", provided
that the Director of Planning may allow minor
alterations to this form of development when approving
the detailed scheme of development. Alterations will
include lowering the floor of units #208 and #209 into
void space above the parking ramp to provide double-
height units, and joining units #301 and #302 to form
one unit. (Note: These alterations were proposed by the
applicant in a recent request for a minor amendment to
D.P. No. 216175, and they were among the assumptions in
the analysis undertaken by the Real Estate Division.)
(b) THAT, prior to enactment of the CD-1 By-law, the
registered owner shall:
(i) register a strata plan of the building in the Land
Title Office; and
(ii) convey to the City unit #303 at no cost, including
GST that may be payable, and free and clear of all
encumbrances, such unit to be satisfactory to the
Managers of the Real Estate Division and the
Housing Centre in terms of value, architectural
and construction specifications, and title.
(c) THAT, prior to enactment of the CD-1 By-law, the
Manager of the Housing Centre, in consultation with the
Manager of the Real Estate Division and the Director of
the Office of Cultural Affairs, shall report back on a
detailed management plan for unit #303.
cont'd....
Clause No. 1 (cont'd)
(d) THAT, following enactment of the CD-1 By-law, the
Director of Legal Services shall release from title the
covenant which presently restricts future development
of mezzanines in double-height spaces.
Staff Opening Comments
Mr. Phil Mondor, Planner, advised the applicant owned and
operated a plant on this site. When artist live/work studios
began to be constructed in this area, they decided to build one
of these buildings and relocate the plant elsewhere. Subsequent
to the construction of the building and the purchase by strata
owners, the applicant learned about the mezzanine problem and the
problem with the installation of lofts. There is no floor space
ratio left for the legal installation of lofts and mezzanines by
purchasers of the studios.
On their own initiative the applicant approached the City
for a solution. The only feasible solution identified by staff
was to do a rezoning application in which the City would accept a
unit or some floor space in the development, equal in value to
the floor space that would be provided to the developer through a
rezoning. A unit of equal value has been identified.
Mr. Mondor advised there has been little concern from the
surrounding neighbourhood, and he reviewed the feedback which has
been received to date.
Planning staff recommend approval of the application for the
following reasons:
˜ it has no tangible off-site impacts;
˜ the proposed affordable unit is supported by the Housing
Centre and the Office of Cultural Affairs;
˜ the Real Estate Division has confirmed that an equal value
is involved in the land exchange;
˜ there is little neighbourhood concern.
Applicant Opening Comments
The applicant had no opening comments.
cont'd....
Clause No. 1 (cont'd)
Summary of Correspondence
The following correspondence was received:
- three letters opposing the application;
- one petition containing 27 signatures opposing the
application.
Speakers
Acting Mayor Puil called for speakers for and against the
application and the following speakers were heard:
Mr. Eric Klokstad opposed the application because it sends a
message to overbuild and ignore existing by-laws and zoning. The
applicant should be required to live up to the same rules as
other developers in the City.
Mr. Klokstad also disagreed that the suite offered to the
City is a fair exchange for the trade-off being offered the
developer.
Mr. Mario Loscervo opposed the application because it would
be unfair to other developers who build their units according to
the rules. City Hall should not be involved in this extra floor
space ratio request.
Mr. Loscervo also expressed concerns with parking problems
in the area and advised this neighbourhood is becoming totally
congested, and his business which employs 30 people is being
forced out.
Responding to a question from a member of Council, Mr. Rick
Scobie advised there is presently a covenant advising prospective
purchasers that there is no residual floor space in the building.
Applicant Closing Comments
Mr. Shane Starnes advised that Kantex Manufacturing has made
this application in an effort to address the existing problems.
It they were to walk away from the project, it would likely end
up with people building illegal lofts.
cont'd....
Clause No. 1 (cont'd)
Staff Closing Comments
Mr. Phil Mondor reminded Council that the purchase of
density can be used to achieve community objectives. In terms of
the value of the land trade-off, the applicant is receiving
approximately 4,250 square feet while the City is receiving 537
square feet. However, the 4,250 square feet is a permission to
build, while the 537 square feet is constructed space and has
market value.
In terms of parking, artist live/work studios have a
requirement that no more than two occupants live there, so
approval of this application will not result in additional people
on site. Mr. Mondor reiterated that staff do recommend approval
of this application.
MOVED by Cllr. Bellamy,
THAT this application be approved, subject to the conditions
as set out in this minute of the Public Hearing.
- C A R R I E D
UNANIMOUSLY
Clauses 2(a) and 2(b) were dealt with concurrently.
Two alternative rezoning proposals are presented for
Council's consideration:
2(a) Plaza of Nations CD-1 (Not including a
Family Sports and Entertainment Centre)
An application by the Associate Director of Planning - Land
Use & Development was considered as follows:
This proposed rezoning, from (BCPED) B.C. Place/Expo
District to CD-1 Comprehensive Development District, would:
confirm the existing Plaza of Nations development and
parking. The three principal buildings existing on the
site will be retained;
permit uses consistent with the provisions of the False
Creek North Official Development Plan; and
require amendment to the Sign By-law, and consequential
amendments, including amendments to the False Creek
North Official Development Plan.
cont'd....
Clause No. 2 (cont'd)
The Associate Director of Planning - Land Use & Development
recommended approval of alternative 2(b); however, should
Council not favour inclusion of a Family Sports and Entertainment
Centre, the Associate Director recommended approval of
alternative 2(a), subject to the following conditions proposed
for adoption by resolution of Council:
(a) THAT the form of development be approved by Council in
principle, represented by the buildings existing on the
site as of (date of enactment of the associated CD-1
by-law).
(b) THAT, prior to final approval by Council of the form of
development, the property owner shall obtain approval
of a development application by the Director of
Planning, the purpose of which is to clearly determine
existing uses, floor areas and building heights.
(c) THAT, prior to enactment of the CD-1 by-law, the
registered owner shall, at no cost to the City, grant a
registrable restrictive covenant and statutory right-
of-way allowing public access through the Plaza of
Nations from Pacific Boulevard and adjacent waterfront
walkways except during periods of construction, special
events as determined by the City, emergencies, repair
or replacement, on terms to the satisfaction of the
Director of Legal Services and the City Engineer.
(d) THAT the conditions of rezoning approval include a
requirement that the property owner agree to identify a
potential location for a streetcar corridor through the
site, and provide that corridor at no cost to the City
at such time as Council deems necessary.
- OR -
2(b) Plaza of Nations CD-1 (Including a Proposed
Family Sports and Entertainment Centre)
An application by Mr. Martin Thompson, Portfolio West, was
considered as follows:
This alternative to the CD-1 Comprehensive Development
District proposed in item 2 (a) above, would also:
confirm the existing Plaza of Nations development and
parking. The three principal buildings existing on the
site will be retained;
cont'd....
Clause No. 2 (cont'd)
permit uses consistent with the provisions of the False
Creek North Official Development Plan; and
require amendment to the Sign By-law, and consequential
amendments, including amendments to the False Creek
North Official Development Plan.
It would, in addition:
permit a family sports and entertainment centre. The
proposed centre would include various sports activities
such as baseball batting cages, small basketball courts
and hockey rinks, golf simulators and a climbing wall.
It would also include food serving areas, space for
small parties, a souvenir shop and arcade machines;
The Associate Director of Planning - Land Use and
Development recommended approval, subject to the following
conditions proposed for adoption by resolution of Council: (these
are the same conditions as proposed for item 2(a) above)
(a) THAT the form of development be approved by Council in
principle, represented by the buildings existing on the
site as of (date of enactment of the associated CD-1
by-law).
(b) THAT, prior to final approval by Council of the form of
development, the property owner shall obtain approval
of a development application by the Director of
Planning, the purpose of which is to clearly determine
existing uses, floor areas and building heights.
(c) THAT, prior to enactment of the CD-1 by-law, the
registered owner shall, at no cost to the City, grant a
registrable restrictive covenant and statutory right-
of-way allowing public access through the Plaza of
Nations from Pacific Boulevard and adjacent waterfront
walkways except during periods of construction, special
events as determined by the City, emergencies, repair
or replacement, on terms to the satisfaction of the
Director of Legal Services and the City Engineer.
(d) THAT the conditions of rezoning approval include a
requirement that the property owner agree to identify a
potential location for a streetcar corridor through the
site, and provide that corridor at no cost to the City
at such time as Council deems necessary.
cont'd....
Clause No. 2 (cont'd)
Conflict of Interest
At the outset of the staff presentation, Councillor Sullivan
advised other members of Council that he rents space in the Plaza
of Nations. On the basis of advice from Corporation Counsel, it
has been determined he is not in a conflict of interest, as he
does not stand to benefit from this rezoning application.
Staff Opening Comments
Mr. Greg Yeomans, Planner, advised that before Council is
choice of two rezoning proposals for the Plaza of Nations, both
of which would establish the land use and development policy for
the site. The main difference between them is that option 2(b)
would allow for a family sports and entertainment centre, while
option 2(a) would not. Otherwise, they are the same
applications.
Mr. Yeomans briefly reviewed the rezoning package
recommended in option 2(a). This CD-1 by-law would:
˜ confirm the existing development in the Plaza of Nations;
˜ permit uses that are consistent with the Official
Development Plan;
˜ establish a parking standard to recognize the unique
situation on the site.
In short, this by-law would approve the status quo with
respect to the existing development.
Three key aspects of the zoning by-law were highlighted for
Council's attention. They were:
i) Parking
The site currently has 428 parking spaces which is
about 500 spaces less than the site should have if the City
were to apply full parking standards. It is virtually
impossible to provide more on-site parking without a major
redevelopment. In order to resolve this, the Planning and
Engineering Departments are recommending a parking standard
to accept this existing shortfall. Limits are proposed on
the amount of extra parking demand allowed on this site,
beyond which the owner would have to provide additional
spaces.
cont'd....
Clause No. 2 (cont'd)
ii) Public Access
The Plaza serves as an important space for public
events and is a key link between the east and west portions
of the waterfront walkway. The by-law recommends the
property owner provide a covenant and right-of-way as a
condition of zoning enactment. This will ensure public
access to the Plaza and Mr. Yeomans advised this is
acceptable to the owners.
iii) Proposed Streetcar Corridor
On March 28, 1995, referred an additional condition of
rezoning to this hearing, calling for the property owner to
identify a potential location for a streetcar corridor to
the site and provide that corridor at such time as Council
deems necessary. After preliminary discussions, the owner
is in agreement to this condition.
Mr. Yeomans advised that option 2(b) goes one step further
than the basic zoning proposed for 2(a), in that it will allow
for a family sports and entertainment centre which would replace
an existing production studio on the site. The main reason this
proposal is brought forward through a zoning amendment is that
existing regulations would subject this proposal to the same
rules as an arcade, including age restrictions and hours of
operation. This proposal differs from a typical arcade in that
the emphasis is on sports activities and arcade games are
secondary.
Should Council proceed with this rezoning, staff will bring
forward amendments to the License By-law which would allow people
under 18 on the premises. It is recommended this application be
approved as a pilot project in the Plaza of Nations only, as this
will allow staff to monitor the situation and determine how the
regulations are working.
Two issues have arisen with this proposal and they are:
˜ The arcade industry does not support this as a pilot
project, on the basis it is an unfair competitive advantage
for the operator. The industry also does not support the
centre having different age restrictions than are permitted
for arcades.
˜ It has been suggested these games are akin to video lottery
terminals and are a form of gambling. Redemption games
typically involve throwing or aiming objects at targets and
in most cases players insert a coin or token into a machine
in order to play. Successful play is awarded with a game
credit of one or more coupons which can be used for prizes
available
cont'd....
Clause No. 2 (cont'd)
in the centre, such as a poster or a baseball hat. Staff
have carefully considered these games and feel they clearly
are not video lottery terminals and do not represent a
lottery scheme. The proposed redemption games involve
skill-based activities and the outcome is dependant upon the
player's ability. There is no betting and these are not
gambling machines in that the players do not bet on a
possible outcome. Cash prizes are not proposed by the
applicant and staff recommend a License By-law provision
that no cash prizes be offered on the site.
Mr. Yeomans concluded that staff support this basic addition
to the CD-1 by-law.
Applicant Opening Comments
Mr. Martin Thompson, applicant, advised his intention is to
provide a place for everyone which is fun and challenging in a
wholesome environment. The application proposes a 28,000 square
foot sports theme park that combines a wide variety of innovative
sports skills for people of all ages and abilities. Mr. Thompson
provided a detailed description of the planned activities in the
sports theme park.
The general rule of the park will be play as you pay and the
facility will be labour intensive and 70 new jobs will be
created. It is designed to encourage families to participate in
activities together, and is in keeping with the recently-approved
Civic Youth Strategy.
Mr. Thompson addressed the issue of redemption skill games
and advised there has been misinformation in the media which
relates redemption skill games to gambling. Redemption skill
games have nothing to do with gambling. They have existed in the
Lower Mainland for many years and every law enforcement agency
has concluded that these games do not constitute gambling. The
redemption skills games at this facility will be sport-challenged
activities and will be based solely on skill; there will be no
element of luck or chance.
If exceptional scores are achieved, symbolic prizes such as
a hockey poster will be available in recognition of a job well
done, just like medals, crests, little league trophies and
academic awards.
In regard to the March 2, 1995 Policy Report before Council,
Mr. Thompson requested that any changes to the License By-law
amendments should only be to "fine tune the operation" and not to
change any basic terms of use. In addition, he advised the
Police
cont'd....
Clause No. 2 (cont'd)
Department recommendation that development permit approval be
time limited is unworkable because of the substantial capital
investment involved. Mr. Thompson advised he accepts the staff
recommendation that the approval be permanent.
Summary of Correspondence
The following correspondence was received on this
application:
- 82 letters in favour
- 20 letters opposed
- 2 press releases opposed
- 1 petition containing over 500 signatures in support
of the application
- 1 petition containing over 800 signatures urging
Council to ban video lottery terminals and to ban
redemption games anywhere in the City of
Vancouver.
Speakers
Acting Mayor Puil called for speakers for and against the
application and a total of 50 delegations addressed Council over
the course of the two evenings.
The following speakers were in favour of the application:
- Sam Campbell
- Mannie Buzunis
- Don Taylor
- Robert Thompson
- Tony Schidlo
- Dr. Michael Etterman
- Tom Baillie
- Daryl Pollock
- Gordon Allen
- Larry Jackie
- Rahoul Sharan
- Riyaz Hasham
- David Reuben
- David Tone
- Robert Phillips
- Dr. Barry Beyrestein
- Ted Margulius
- Jon Brown
- Larry Straith
- Bruce Langereis
- Blair Norton
cont'd....
Clause No. 2 (cont'd)
- Bill Gurniak
- Fred Carter
- Adrian Armstrong
- Tyson Warner
- Robert Cherniack
- Louis Eisman.
The foregoing speakers supported the application for one or
more of the following reasons:
˜ These are redemption games involving skill and do no
constitute gambling;
˜ The applicant has a proven personal and business track
record;
˜ Many of the speakers indicated they have played redemption
games and have not become addicted to gambling. These games
award achievement in the same manner as little league
trophies and academic awards;
˜ This application will encourage wholesome, fun-oriented
activities in an alcohol and smoke-free environment;
˜ This facility will provide an outlet to get kids off the
street, and will enrich the lives of children in the City;
˜ Redemption games have existed in the Lower Mainland for some
time and many children have visited Chuck E. Cheese and the
PNE, which operate similar redemption games;
˜ City Council should let parents and the public determine
whether this is gambling;
˜ Addictions are only likely to occur in people with other
predisposed attributes. Well-adjusted people do not turn
into addicts, but someone who is predisposed to addiction
will find something from a long list of activities to
indulge in, that will not be a threat to anyone else;
˜ Council should support the application because the benefits
far outweigh the minimal risks.
The following speakers were opposed to the application:
- Betty Greenwell
- Robert Clark
- Klara Van Der Molen
- Don Larson
cont'd....
Clause No. 2 (cont'd)
- Charles Ungerleider
- Harvey Pudwell
- Elizabeth Caton
- Connie Fogal
- Isabel Minty
- Ernest Culley
- Joe Arnaud
- Colin Campbell
- Renee Jensen
- Rev. Joe Russell
- Janet Sinrose
- Peggy McIntosh
- Cindy Terry
- Eleanor Hadley
- Rick Smith.
The foregoing speakers opposed the application for one or
more of the following reasons:
˜ The redemption games proposed for this facility are an
expansion of the gambling in the City;
˜ This application will use young people for profit and money
in the name of wholesome entertainment;
˜ Speakers were not concerned with the sports aspect of the
proposal, but rather the aspect involving redemption games;
˜ This is not an appropriate recreation for children. There
are already many problems facing the City, and we do not
need the social ills of youth gambling;
˜ Most addiction problems related to childhood experiences.
It is government's role to protect those who cannot protect
themselves, and Council should protect children from
exposure to gambling;
˜ The prevalence of addiction rates for children is twice the
rates of adults. This application will have its greatest
impact on children as they will go from gambling for
merchandise prizes to gambling for cash;
˜ Council should be spending more time studying the issue of
gambling and its societal impacts. The industry is
attempting to link gambling with wholesome activity;
˜ This is a poor location for such a facility due to the high
number of licensed establishments in the vicinity. The site
is isolated, has poor sightlines and is inadequate for this
use;
cont'd....
Clause No. 2 (cont'd)
˜ Extra resources will be needed to police this area and
policing will be insufficient.
The following speakers opposed the application on grounds
other than gambling:
- Karl Feder
- Leslie Jung.
The foregoing speakers opposed the application on the
following grounds:
˜ The applicant is misrepresenting the true intention of what
is planned for this site. This will be the largest arcade
in British Columbia. If you remove the arcade portion of
the project, it is no longer financially feasible;
˜ It is unfair that City staff are allowing the rules to be
changed for this application. Other owners are not entitled
to this special provision which would allow children under
the age of 18 on the premises. This is creating an unfair
competitive advantage;
˜ Other arcade owners should be given similar opportunities to
this applicant.
Mr. Danny Virtue opposed the application on the basis that
the film studio which is presently on this site will be
displaced, and this is bad for the film industry economy in
British Columbia.
Mr. Brian Calder, on behalf of the owners of the Plaza of
Nations, advised he was in support of application 2(a) and the
conditions which are attached. Application 2(b) is an initiative
of Mr. Thompson and if he is granted approval by City Council to
proceed, then Mr. Thompson will be a tenant of the Plaza of
Nations. Mr. Calder advised he had no formal position on
application 2(b) but that the family sports and entertainment
centre would be a good tenant for the Plaza of Nations.
Applicant Closing Comments
Mr. Martin Thompson urged Council to support application
2(b) on the basis that redemption games proposed for this
facility are not gambling. Mr. Thompson referenced a petition
containing over 500 names, which was collected in support of his
application.
cont'd....
Clause No. 2 (cont'd)
Staff Closing Comments
Mr. Greg Yeomans briefly summarized the application and
reiterated staff's opinion that redemption games are not gambling
and do not represent a lottery scheme. Mr. Yeomans offered the
following comments on application 2(b):
˜ There is a general but not unanimous support for the sports
facility proposed in this application. The objections are
related to redemption games;
˜ The arcade owners object to this proposal. While staff take
these objections seriously, they still recommend this
application as a pilot project as it is new in nature and
the City will want to be able to monitor it;
˜ It was clarified the Police Department have requested a
time-limited permit be issued;
˜ Redemption games have existed in the Lower Mainland for some
time;
˜ Cash prizes will be precluded and no prizes will be able to
be redeemed for cash;
˜ People under 15 will not be allowed on the premises during
school hours unless accompanied by a parent or a teacher.
Mr. Yeomans advised staff support this application and
Council are requested to choose between either items 2(a) or
2(b).
MOVED by Cllr. Hemer,
THAT application 2(b) be approved, subject to the conditions
as set out in this minute of the Public Hearing.
- CARRIED
(Cllr. Kwan opposed)
(Cllr. Bellamy was not present for the vote on this matter)
RISE FROM COMMITTEE OF THE WHOLE
MOVED by Cllr. Sullivan,
THAT the Committee of the Whole rise and report.
- C A R R I E D
UNANIMOUSLY
ADOPT REPORT OF COMMITTEE OF THE WHOLE
MOVED by Cllr. Hemer,
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.
- C A R R I E D
UNANIMOUSLY
* * *
The Special Council adjourned at approximately 11:10 p.m.