Agenda Index City of Vancouver

CITY OF VANCOUVER

REGULAR COUNCIL MEETING MINUTES

STANDING COMMITTEE OF COUNCIL ON

PLANNING & ENVIRONMENT

DECEMBER 11, 1997

A Regular Meeting of the Council of the City of Vancouver was held on Thursday, December 11, 1997, at 4:25 p.m., in Committee Room No. 1, Third Floor, City Hall, following the Standing Committee on Planning & Environment meeting, to consider the recommendations of the Committee.

PRESENT: Deputy Mayor Gordon Price

Councillor Nancy A. Chiavario

Councillor Jennifer Clarke

Councillor Alan Herbert

Councillor Lynne Kennedy

Councillor Daniel Lee

Councillor Don Lee

Councillor Sam Sullivan

ABSENT: Mayor Philip Owen (Civic Business)

Councillor Don Bellamy

Councillor George Puil (Leave of Absence)

CITY MANAGER'S

OFFICE: Judy Rogers, Deputy City Manager

CLERK TO THE

COUNCIL: Nancy Largent

COMMITTEE OF THE WHOLE

MOVED by Cllr. Clarke,

SECONDED by Cllr. Bellamy,

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

- CARRIED UNANIMOUSLY

COMMITTEE REPORTS

Report of Standing Committee on Planning & Environment

December 11, 1997

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

Cl.1: (a)Time-Limited Development Permits

(b)Liquor License Proposals for the Theatre Row Entertainment District (Granville Street)

Cl.2: Implementation of Development Cost Levy By-law in Triangle West

Clauses 1 (a), 1 (b) and 2

MOVED by Cllr. Clarke,

THAT the recommendations of the Committee, as contained in Clauses 1 (a), 1 (b) and 2 of this report, be approved.

- CARRIED UNANIMOUSLY

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. Bellamy,

SECONDED by Cllr. Clarke,

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

- CARRIED UNANIMOUSLY

BY-LAWS

1. A By-law respecting the collection, disposal,

transfer and recycling of solid waste

(Solid Waste and Recycling By-law)

MOVED by Cllr. Daniel Lee,

SECONDED by Cllr. Bellamy,

THAT the By-law be introduced and read a first time.

- CARRIED UNANIMOUSLY

The By-law was read a first time and the Presiding Officer declared the By-law open for discussion and amendment.

There being no amendments, it was

MOVED by Cllr. Daniel Lee,

SECONDED by Cllr. Bellamy,

THAT the By-law be given second and third readings and the Mayor and City Clerk be authorized to sign and seal the By-law.

- CARRIED UNANIMOUSLY

ENQUIRIES AND OTHER MATTERS

1. Demolition of the Pure Food Building File: 5051

Councillor Don Lee referenced correspondence, received by Council members, which protested the planned demolition of the Pure Food Building at the PNE. Noting that the building is "B"-listed on the Vancouver Heritage Inventory, and that the Park Board has no immediate use for the site other than exhibition space, the Councillor enquired whether Council would be inclined to discuss the demolition plan with the Park Board Chair.

cont’d

ENQUIRIES AND OTHER MATTERS (CONT’D)

1. Demolition of the Pure Food Building (Cont’d) File: 5051

Following discussion, it was concluded it would be inappropriate for City Council to intervene at this stage. The plans for the renovation of Hastings Park were arrived at through a lengthy process of public consultation, and approved by Council after due deliberation and the hearing of delegations. There was significant discussion of heritage resources throughout this process. Further, it was pointed out that neither a Park Board representative nor the public were present to give their opinions of an action which could be construed as eleventh-hour intervention in the planning process.

The Deputy Mayor suggested that Council members refer any complaints on the pending demolition to the Park Board.

2. Richmond-Vancouver LRT and Rapidbus File: 5560

Councillor Herbert requested that the Planning and Engineering Departments provide Council members with an information memo , including the following:

·400·currently available employment counts and population counts as they pertain to the development of Richmond-Vancouver LRT and Rapidbus in the Granville and Cambie Street corridors;·400

·400·reference to the numbers used in the previous Transit Study (1992) of the Richmond Corridor;·400

·400·call attention to significant changes and trends, and note any obvious pitfalls.·400

The Deputy Mayor so directed.

3. Innovative Taxis in Montreal File: 5501

Councillor Sullivan indicated he has been informed that there is an innovative taxi system in Montreal, including access provisions. The Councillor requested that staff enquire into how the system is working and provide Council members with the resultant information.

The Deputy Mayor so directed.

ENQUIRIES AND OTHER MATTERS (CONT’D)

4. Classification of Split-Use Properties

by the B. C. Assessment Authority File: 1552

Councillor Sullivan referenced correspondence which he received regarding the British Columbia Assessment Authority's new interpretation of the Assessment Act. The Councillor expressed concern that these new Assessment Authority policies may prove detrimental to mixed-use development.

The General Manager of Community Services undertook to investigate and advise Council members of his findings.

NOTICE OF MOTION

The following Notice of Motion was submitted by Councillor Chiavario and recognized by the Chair:

1. Designation of Hastings Park File: 8009

MOVED by Cllr. Chiavario,

THAT staff report back on the designation of the park known as Hastings Park as permanent park, and its transfer to the care and custody of the Park Board;

AND THAT the report include information on the financial and revenue implications of such a decision.

- Notice

The Council adjourned at 4:55 p.m.

* * * * *

REPORT TO COUNCIL

STANDING COMMITTEE OF COUNCIL

ON PLANNING & ENVIRONMENT

DECEMBER 11, 1997

A Regular Meeting of the Standing Committee of Council on Planning & Environment was held on Thursday, December 11, 1997, at 2:00 p.m. in Committee Room No. 1, Third Floor, City Hall.

PRESENT: Councillor Jennifer Clarke, Chair

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 Sam Sullivan

ABSENT: Councillor George Puil (Leave of Absence)

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 & Environment meetings of November 6 and 20, 1997, were adopted.

Vary Order of Agenda

Clauses 1 (a) and 1 (b) were dealt with separately and are minuted accordingly. The Committee agreed to vary the order of agenda and consider item 1 (b) first.

RECOMMENDATION

1.(b)Liquor License Proposals for the Theatre Row

Entertainment District (Granville Street) File: 2610

The Committee had before it a Policy Report dated November 21, 1997 (on file), in which the Chief License Inspector and Director of Central Area Planning, in consultation with the Chief Constable and Director of Community Services - Social Planning, evaluated 13 proposals for new licensed premises on Theatre Row (the 700 to 900 Blocks of Granville Street). The General Manager of Community Services and the foregoing officials recommended that Council formally endorse two neighbourhood pub applications and one cabaret application, and one Class E application for Provincial Liquor Control and Licensing Branch (LCLB) approval. Support in principle was also recommended for two additional neighbourhood pub applications and one additional cabaret application. Specific conditions with respect to various applications were outlined in the Policy Report. The officials' recommendations are reflected in Recommendations A through K of this report.

The Committee also had before it a memorandum dated December 11, 1997 (on file), forwarding an amendment to the Policy Report from the Director of Legal Services reflected in Recommendation R of this report. Four additional recommendations were also put forward dealing with emerging policing issues, including monitoring of potential problem premises, hours of operation, and a possible increase in business license fees to cover increased policing and other service costs in areas where there are concentrations of licensed premises. These recommendations are generally reflected in Recommendations L through O of this report.

Nathan Edelson, Central Area Planner, reviewed the Policy Report and rationale for the staff recommendations. Impacts from the establishments recommended for endorsement are expected to be minimal. Mr. Edelson also clarified that while the City may endorse a liquor license, actual approval is granted by the LCLB. City staff are working with the LCLB with respect to its regulations which may impact these proposals.

cont’d

Clause No. 1(b) Cont’d

Recommended Applications

The Committee then heard from staff and applicants with respect to the following applications:

Cactus Club Neighbourhood Pub, 900 Granville Street;

Cactus Club Cabaret, 900 Granville Street

Paul Teichroeb, Chief License Inspector, reviewed the two applications submitted by Cactus Club. This well-known chain wishes to open a brew pub and a cabaret, which would revitalize a prominent 3-storey building. Staff are recommending endorsement of the pub application, and endorsement of the cabaret application on an interim basis. Responding to queries, Mr. Teichroeb clarified hours of operation as well as the seat replacement condition related to the cabaret (i.e. time-limited approval pending an equivalent reduction in the number of Class A or Class C seats in a nearby residential area).

Bert Hick, W.A.E. Hick and Associates, and Anna Grolle, representing Cactus Club, supported the staff recommendations. However, a 1:00 p.m. closing time would be preferred rather than have the cabaret tied to the pub hours. Ms. Grolle indicated that Cactus Club is very excited to have this opportunity. As the manager of eight restaurants, the company has the necessary management expertise to run successful operations.

Responding to questions, Mr. Hick indicated that even if the City's endorsement were given today, the establishments would be unable to open before March 1999 because of seismic upgrading and other requirements. With respect to the timing of the LCLB applications, which are dealt with in the order received, Cactus Club is second in line behind Gilligan's (another applicant before the Committee this day), and hopes to be dealt with in January/February 1998. With respect to the seat replacement requirement, Mr. Hick hoped that the City would consider a form of payment-in-lieu if Cactus Club is unsuccessful at obtaining existing seats, since the cabaret is a requirement for financial viability.

cont’d

Clause No. 1(b) Cont’d

Gilligan's Pub (Granville Entertainment Group), 952 Granville Street;

Cabaret, Granville Entertainment Group, 952 Granville Street

Mr. Teichroeb reviewed the two applications submitted by Granville Entertainment Group.. The applicants wish to open a neighbourhood pub, as well as a cabaret which would operate as a comedy club, Staff are recommending endorsement of the pub application, and endorsement in principle of the cabaret application. Comedy clubs rarely have adverse impacts on an area, and such a venue will lend desirable variety to Theatre Row. Mr. Teichroeb clarified hours of operation in response to a query.

Dennis Coates, Mair Jensen Blair, and Blaine Culling, Granville Entertainment Group, represented Granville Entertainment Group and Arnold Silver, applicants. The representatives reviewed the proposal, and indicated concurrence with the staff recommendations. However, they requested that approval of the cabaret not be contingent upon replacement of existing cabaret seats. Efforts have been made to pursue this requirement, but so far the option has not proven viable. Mr. Coates also indicated interest in pursuing payment-in-lieu.

Mr. Culling expressed the Group's excitement over the opportunity to open a comedy club, which he believed would prove a real asset to Theatre Row. It is hoped the two facilities can operate in a coordinated fashion so comedy can be enjoyed in both venues. Mr. Hick clarified that the two operations would be physically separate, but it may be possible to provide the entertainment in both locations, perhaps by use of video screens in the pub.

Tom Lee Concert Hall, 929 Granville Street

Mr. Teichroeb advised this was an application by an existing recital hall for a Class E license, which would be in effect only during events at the hall. Such licenses generally have no adverse effects on the adjacent community. Staff are very supportive of the application because this facility has been very good for Granville Street.

Henry Lee, Tom Lee Music, described the license proposal. The concert hall supports a number of music functions, and would find it very convenient to have a Class E license.

cont’d

Clause No. 1(b) Cont’d

Mr. Teichroeb advised the Committee that due to the recent mail strike, standard notification could not be carried out with respect to the following two applications. Therefore, completion of neighbourhood notification is one of the recommended conditions for each. The Chair noted the City had advised 58 interested parties of this meeting by either courier or telephone, and advertised the meeting in four newspapers.

O'Kool's Neighbourhood Pub (formerly known as

Scruffy Murphy's), 800 Granville Street

Mr. Teichroeb reviewed the application for a neighbourhood pub at 800 Granville Street. Some issues require resolution, including the lack of a signed lease, the need for an entrance on Granville Street, and some design issues. Staff believe these issues can be addressed, and are recommending endorsement in principle.

Al Arbuthnot and Dennis Crown, applicants, and Dennis Coates, Mair Jensen Blair, spoke on behalf of this application, indicating that some of the issues noted by Mr. Teichroeb have already been resolved. A signed lease is now in place and the applicants are committed to an entrance on Granville Street. The question of signage was also addressed.

Responding to queries, Messrs. Arbuthnot and Crown assured the Committee they are long-term owners of other neighbourhood pubs in the Lower Mainland, and have the necessary expertise to manage such an establishment in this location. They also described the type of sign they hope to use and their expected time line. Queried whether they would be willing to put in a canopy which could provide additional shelter for the many transit patrons who transfer at this corner, Mr. Arbuthnot replied they would be happy to do so provided it meets the code requirements.

With respect to the theme of the pub, Mr. Coates clarified that the original intent was to run an Irish pub. However, noting than another Irish-theme pub -Gilligan's - is likely to be approved first, and taking into account the City's wish to promote entertainment diversity in this district, the applicants are committed to finding an appropriate alternate theme and name for their pub.

cont’d

Clause No. 1(b) Cont’d

Charles' Place, 950 Granville Street

Mr. Teichroeb reviewed the application which offers several advantages for Granville Street. However, staff do have concerns as set out in the Policy Report, including the ownership of the lots and the need for a complete management plan. Endorsement in principle is recommended.

Charles Wertman, applicant, supported the staff recommendation. Mr. Wertman also noted the site is now two-thirds vacant, and cannot be renovated because of its current condition. The intent is to demolish it and construct two buildings which will be in keeping with the character of Granville Street, one of which will be utilized for the pub.

Applications Not Recommended

Mr. Teichroeb also briefly reviewed the following proposals, which staff recommend be refused because they do not meet, or in some cases would detract from, the criteria established by Council for Theatre Row:

·400·700 Granville PYH (85 Class D seats);·400

·400·910 Granville Planet Pub (85 Class D seats);·400

·400·910 Granville Neighbourhood Pub (85 Class D seats);·400

·400·932 Granville Roxy Cabaret (25 Class C seats);·400

·400·957 Granville Foghorns Pub (85 Class D seats); and·400

·400·No Address Die Maschine (200 Class C seats).·400

Dennis Coates, Mair Jensen Blair, commented on several of the foregoing proposals for which he represented the applicants. The application for Planet Cafe is appropriately withdrawn. The Roxy Cabaret application should be formally withdrawn at this time, noting that the applicant can return with a better plan. With respect to Foghorn's, noting all of the recommended applications are on the other side of the street, Mr. Coates felt it may be worthwhile to revisit this one in future depending on how things develop.

Mr. Teichroeb confirmed that nothing prevents the applicants from applying again if the City's concerns have been met.

cont’d

Clause No. 1(b) Cont’d

Other Speakers

The Committee also heard from three speakers who did not represent applications under review this day.

Dave Kershaw and Derek Pink, owner/operators of the Stone Temple Cabaret, expressed concern that inequitable treatment was being afforded to the applicants in the 700 to 900 Blocks of Granville Street. Their premises were enlarged by previous owners, and they are seeking to upgrade their license to whatever greater capacity is deemed appropriate. Messrs. Kershaw and Pink felt that if new seats are released, their establishment should be considered.

Mr. Teichroeb clarified that floor space was added within the Stone Temple building without permit. A subsequent permit application was refused by Permits and Licenses, but approved by the Board of Variance. The Board specified, however, that it was approving the floor space only, not additional seating. The City has not received a license application, and in order to pursue additional seating, Stone Temple must go through the normal application process. At the Committee's request, Mr. Teichroeb undertook to explain the necessary procedures to Messrs. Kershaw and Pink.

Sam Campbell, community activist and member of the Downtown South Residents' Association, supported the staff recommendations. New establishments of the calibre of those recommended will revitalize Granville Street and create a friendlier and safer atmosphere. Georgia and Granville is a disastrous corner because it has no attractions. Mr. Campbell also felt the Roxy Cabaret proposal for 25 additional seats was worthy of consideration, particularly in light of its continuing to provide low-cost rental accommodation.

Inspector Dave Jones, Vancouver Police, responded to questions about policing issues. Control over closing hours would be very useful. There are also improvements which can be made such as better lane lighting. The recommended applications are expected to attract patrons of different age groups and backgrounds to different types of entertainment, a diversity welcome to the Police. Serious impacts are not expected. However, Inspector Jones advised the costs of policing will have to be examined; hence, the recommendation to report back on license fees.

cont’d

Clause No. 1(b) Cont’d

It was suggested that if the intent is to increase fees of all licensed establishments in order to provide increased policing for a single district, there may well be a question of equity.

The Committee noted a memorandum dated December 11, 1997 (on file), circulating copies of good neighbour contracts from the Cities of New Westminster, Seattle and Portland. It was agreed similar contracts would be a valuable tool for problem prevention in Vancouver. They can be used to address a variety of potential impacts, including but not limited to noise, line-ups, graffiti, and the carrying of weapons by patrons. The format will, however, have to be adapted to meet Vancouver's requirements. It was noted there is precedent, in that similar agreements have been entered into following Show Cause hearings.

The Committee commented that it is a difficult undertaking to balance the need for entertainment downtown with existing and new residential development. It was hoped the recommended establishments, which appear to be of high quality and a nice mix, would assist with the incremental task of transforming Granville Street into a desirable destination.

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

RECOMMENDED

A.THAT Council policy for the distribution of new licensed seats in the 900 Block of Granville Street be amended to allow for up to 2 (130 seat maximum) cabarets and 3 neighbourhood pubs.

B.THAT Council endorse the request from the Cactus Club for 65 indoor and 20 patio Class D neighbourhood pub seats, at 900 Granville Street, subject to a time-limited development permit and other conditions outlined in this report, having considered that the majority of the area residents are in favour of granting the license, as determined through the neighbourhood notification process;

cont’d

Clause No. 1(b) Cont’d

FURTHER THAT the application was considered with regard to the proximity of existing and proposed residential developments, traffic patterns, road and transit access and the availability of parking, possible noise impacts and the overall design and appearance of the building, noting that this proposal is in compliance with the plan for the area which has been designated as the Theatre Row Entertainment District.

C.THAT Council endorse the request from the Cactus Club for 130 Class C cabaret seats at 900 Granville Street, subject to a time-limited development permit and closing hours restricted to midnight from Sunday to Wednesday and 1:00 a.m. on Thursday, Friday and Saturday;

FURTHER THAT the cabaret development permit not be renewed if the Provincial Liquor Licensing Control Branch (LCLB) approves a Class D neighbourhood pub at 900 Granville Street, unless there is an equivalent reduction in the number of Class A or C seats in a nearby residential area, at which time the closing hour may be extended to 2:00 a.m., subject to a registered covenant agreement.

D.THAT Council endorse the request from the Granville Entertainment Group for 65 indoor and 20 patio Class D neighbourhood pub seats, at 952 Granville Street, subject to a time-limited development permit and other conditions outlined in this report, having considered that the majority of the area residents are in favour of granting the license, as determined through the neighbourhood notification process;

FURTHER THAT the application was considered with regard to the proximity of existing and proposed residential developments, traffic patterns, road and transit access and the availability of parking, possible noise impacts and the overall design and appearance of the building, noting that this proposal is in compliance with the plan for the area which has been designated as the Theatre Row Entertainment District.

cont’d

Clause No. 1(b) Cont’d

E.THAT the proposal by the Granville Entertainment Group for a 130-seat cabaret at 952 Granville Street be supported in principle, subject to the conditions outlined in this report, including a time-limited development permit, the provision of a comedy club entertainment format and a reduction of an equivalent number of Class A or C seats from a nearby residential area;

FURTHER THAT closing hours be restricted to midnight from Sunday to Wednesday and 1:00 a.m. on Thursday, Friday and Saturday.

F.THAT the proposal by Tom Lee Music for a 240-seat Class E license for a recital hall at 929 Granville Street be endorsed;

FURTHER THAT these seats not be included as part of the 1,000 licensed Class A, C and D seats identified for the Theatre Row Entertainment District.

G.THAT the proposal by the Theatre Row Management Company (TRM) for 65 indoor and 20 patio Class D neighbourhood pub seats, at 800 Granville Street, be supported in principle, subject to the conditions outlined in this report including neighbourhood notification, a time-limited development permit, and documentation, to the satisfaction of the Chief License Inspector, that the site has been secured for this purpose.

H.THAT the proposal by Mr. Charles Wertman for 65 indoor and 20 patio Class D neighbourhood pub seats at 950 Granville Street be supported in principle, subject to the conditions outlined in this report including neighbourhood notification, a time-limited development permit, and documentation, to the satisfaction of the Chief License Inspector, that the site has been secured for this purpose and that new buildings at 942 and 950 Granville will be developed at the same time.

cont’d

Clause No. 1(b) Cont’d

I.THAT the applications for the following be refused:

·400·700 GranvillePYH (85 Class D seats);·400

·400·910 GranvillePlanet Pub (85 Class D seats);·400

·400·910 GranvilleNeighbourhood Pub (85 Class D seats);·400

·400·932 Granville Roxy Cabaret (25 Class C seats);·400

·400·957 GranvilleFoghorns Pub (85 Class D seats); and·400

·400·No AddressDie Maschine (200 Class C seats).·400

J.THAT only proposals for Class A, C or D liquor licenses which result in a reduction of seats in the residential areas in or near Downtown South be considered for the Theatre Row Entertainment District until December 1998, except small lounges associated with new hotels and that these small lounges be excluded from the 1,000 seats identified for Theatre Row.

K.THAT staff report back, as part of the 1998 comprehensive review of the Business License Fees, with a fee structure for licensed establishments that will help offset the costs of neighbourhood impacts.

L.THAT the Chief Constable and Chief License Inspector work with the Downtown Integrated Services Team, Bar Watch and local business and community groups to deal with potential problem premises on and near Theatre Row.

M.THAT staff work to secure, as soon as possible, Charter authority to regulate the hours of operation of new and existing businesses.

N.THAT staff report back as soon as possible on increasing business license fees for liquor licensed establishments to help deal with impacts by covering increased policing and other service costs in areas where there are concentrations of licensed premises.

O.THAT staff report back on requesting the Province to allow cabarets on Granville Street to serve until 2:00 a.m. and to remain open until 3:00 am as a way of helping disperse patrons over a longer period of time.

cont’d

Clause No. 1(b) Cont’d

P.THAT there be no off-site sales or exotic dancing, and that patios be required to close at 11:00 p.m.

Q.THAT before issuance of the business license, the applicant will sign a "good neighbour" agreement with the City.

R.THAT the words "registered covenant agreement" be changed to "legal agreement" throughout the Policy Report dated November 21, 1997.

- CARRIED UNANIMOUSLY

1. (a)Time-Limited Development Permits File: 2600

The Committee had before it an Administrative Report dated December 3, 1997 (on file), in which the Chief License Inspector and the Director of Legal Services responded to Council's instruction to develop effective enforcement alternatives for poorly operated liquor licensed premises. Accordingly. The General Manager of Community Services, Chief License Inspector and Director of Legal Services recommended using a time-limited Development Permit process for new applications that require a Development Permit. For existing establishments seeking extended seating or hours, the holder of the existing Development Permit will be required to relinquish that permit and to apply for a time-limited permit.

It was noted that the proposed solution is meant only as an interim measure, and that more effective solutions are available through increased enforcement by the Province. Staff will continue to work with the Liquor Control and Licensing Branch to this end. The City will also be seeking Charter authority to regulate hours of business (Clause 1, Recommendation M, of this report refers).

Paul Teichroeb, Chief License Inspector, and Graham Johnsen, Assistant Director of Legal Services, were present to answer any questions.

cont’d

Clause No. 1(a) Cont’d

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

RECOMMENDED

A.THAT Council endorse a process for issuing time-limited Development Permit approvals for new or physical expansion of existing Class ‘A’ Lounge/Pub, Class ‘C’ Cabaret, Class ‘D’ Neighbourhood Pub or Restaurant-Class 2 licensed establishments, such process to be generally as outlined in Appendix A of the Administrative Report dated December 3, 1997.

B.THAT the Director of Land Use & Development be instructed to amend Zoning & Development Fee By-law 5585, Appendix E, Schedule 1, Section 13 to provide a Development Permit extension fee for time-limited Development Permits for Class ‘A’ Lounge/Pub, Class ‘C’ Cabaret, Class ‘D’ Neighbourhood Pub and Restaurant-Class 2 uses;

FURTHER THAT this Development Permit extension fee equal $310.

C.THAT, with respect to existing Class ‘A’ Lounge/Pub, Class ‘C’ Cabaret or Class ‘D’ Neighbourhood Pub licensed establishments seeking extended hours or seating, Council endorse a process of requiring the holder of the existing Development Permit to relinquish that permit, and to apply for a time-limited permit.

- CARRIED UNANIMOUSLY

2. Implementation of Development Cost Levy By-law in Triangle West File: 1755

The Committee had before it a Policy Report dated November 7, 1997 (on file), in which the Director of Central Area Planning, in consultation with Director of Finance, Manager of Housing Centre, Director of Legal Services, Director of Community Services -Social Planning, and General Manager of Parks and Recreation, presented a preliminary public benefits strategy for the Triangle West area, and a basic framework for funding public benefits required by the area's new resident population. The General Manager of Community Services and the Director of Central Area Planning recommended establishing a Development Cost Levy (DCL) District to provide funding for required public amenities and replacement housing for the Triangle West area and adjacent properties along Alberni Street. A preliminary strategy for the allocation of funds was also outlined.

Michael Gordon, Planner, referenced Council's recent, preliminary approval of new zoning for the Triangle West area. The intent is to have a DCL By-law in place prior to enactment, because there is potential for considerable development in the area with a concomitant increase in residential population which will require amenities.

Joanne Franko, Planning Assistant, reviewed the report and rationale for the recommendations, reiterating the potential for substantial growth in the area. To meet the established standard for amenities expected to be needed in the areas of park acquisition and development, replacement housing and daycare , the rate should be $9.36 per square foot. For comparison purposes, CACs have worked out at approximately $6 per square foot. Ms. Franko also noted two amendments required to the report, to which the Committee was amenable (reflected in Recommendations A and F of this report). Appendix A was amended to avoid discrimination between forms of use, and Triangle West and Downtown South were not excluded from the report back on public benefits strategy, as originally recommended, in order to ensure a comprehensive strategy.

Queried whether any application being processed in this area could conceivably be required to pay both a CAC and a DCL, staff advised one application may conceivably be so affected; the applicant has been apprised, and the intention would be to re-imburse. It was suggested that staff report to Council promptly on any such cases.

cont’d

Clause No. 2 Cont’d

Responding to further queries, Mr. Gordon advised staff have identified potential park sites, which are expected to be achievable within the DCL projections. Mr. Gordon also confirmed that considerable rental housing stock is expected to be lost to redevelopment, since economics favour strata titling, and clarified the range of uses to which DCLs may be applied.

Ted Droettboom, General Manager of Community Services, clarified that CACs apply to site-specific rezonings, while DCLs apply to area rezonings. CACs can be used for a broader range of purposes, but the City's legislative authority to require them is somewhat tenuous. The legislative authority with respect to DCLs is quite explicit. Mr. Droettboom also advised staff will be reporting to Council on the subject of financing growth, which will review the available mechanisms.

The Committee noted that the Park Board, which is the single largest user of amenity funding, should be invited to participate in discussion of financing growth. Mr. Droettboom advised that the School Board is also quite concerned about growth issues, and should be involved as well.

The Committee also noted that development may offer the opportunity to narrow Alberni Street, making room for a boulevard and street trees. Engineering was requested to report promptly on this possibility.

In conclusion, the Committee felt the name "Triangle West" is not an appropriate name for a neighbourhood, and requested staff to pursue a more suitable name.

cont’d

Clause No. 2 Cont’d

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

RECOMMENDED

A.THAT the area of Downtown Vancouver shown in Figure 1 of the Policy Report dated November 7, 1997 be established as a Development Cost Levy (DCL) District and that the policies in Appendix A of the Policy Report be adopted to guide administration of DCLs in the Triangle West neighbourhood after amendment of Appendix A, Section (e) to delete the words "except in cases where the renovations involve the conversion of non-residential use to residential use".

B.THAT the 1997 rate for collection of Development Cost Levies (DCLs) be set at $100.75 per square metre ($9.36 per square foot) buildable, not to exceed 10 percent of the building permit value, for all uses, except those uses identified for reductions and exemptions.

C.THAT the levy proceeds be spent in proportions as follows:

(i) 53% for park acquisition and development;

(ii) 33% for replacement housing; and

(iii) 14% for daycare.

D. THAT the Triangle West DCL By-law Administration Policies (Appendix A of the Policy report dated November 7, 1997) be amended to reflect Council’s decision in Recommendation C.

E.THAT the Director of Legal Services be instructed to prepare the necessary by-law and report back with the by-law for enactment.

F.THAT staff report back on a detailed public benefits strategy for the downtown area (excluding Triangle West and Downtown South), and associated funding arrangements, prior to implementation of capital projects described in the Policy Report dated November 7, 1997.

cont’d

Clause No. 2 Cont’d

G.THAT the General Manager of Engineer Services report back as soon as possible on the possibility of narrowing the width of Alberni Street to permit the installation of boulevards.

- CARRIED UNANIMOUSLY

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

RECOMMENDED

H.THAT staff report back on any application which would fall under both a Community Amenity Contribution and a Development Cost Levy.

- - CARRIED UNANIMOUSLY

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

RECOMMENDED

I.THAT when staff bring the report on financing growth to Council, the Park Board and School board be invited to participate

- CARRIED UNANIMOUSLY .

Note from Clerk:

Item 3, CD-1 Rezoning: 976 West 54th Avenue, was withdrawn from this agenda and

referred to the Standing Committee on City Services & Budgets meeting held earlier this day.

The Committee adjourned at 4:25 p.m.

* * * * *


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