ADMINISTRATIVE REPORT
Date: June 7, 2000
Author/Local: Guy Gusdal(6461)
RTS No. 1530CC File No. 2615-14
P&E: July 6, 2000
TO:
Standing Committee on Planning and Environment
FROM:
Chief License Inspector
SUBJECT:
1240 Thurlow Street - Oasis Restaurants Ltd.
Class D Neighbourhood PubRECOMMENDATION
A. THAT Council, having considered that the majority of area residents and business operators of the community are in favour of the application as determined by neighbourhood notification and public meetings and having considered the proximity of residential developments, traffic patterns, road access, availability of parking, noise impacts and the overall design, endorse the application by Oasis Restaurants Ltd., for a 65-seat with 20-seat patio Class D Neighbourhood Pub at 1240 Thurlow Street, subject to:
i) A Time-Limited Development Permit.
ii) A signed Operating Agreement for a new establishment which will include a provision to hold the seating capacity to current numbers, regardless of any changes to the seating capacity regulations as a result of the Provincial Liquor License Regulations review.
iii) The signing of a Good Neighbour Agreement prior to the issuance of a Business License.
iv) Hours of operation limited to 10:00 a.m. to 12:00 midnight Monday to Thursday, 11:00 a.m. to 1:00 a.m. Friday and Saturday and 11:00 a.m. to 12:00 Midnight on Sunday.
v) The patio closing at 11:00 p.m.
vi) No off premise sales.
GENERAL MANAGERS COMMENTS
The General Manager of Community Services RECOMMENDS approval of the foregoing.
COUNCIL POLICY
THAT allowance be made for up to seven additional Class D Neighbourhood Pubs in two phases. Phase one: 2000 - mid 2002 (four pubs]). Phase two: Mid 2002 - 2004 (three pubs), generally distributed and phased as follows:
Davie Village
· 1000 block Davie Street. Phase one: One neighbourhood pub with up to 65 seats and 20 patio seats.
· 1100 block Davie Street. Phase one: One neighbourhood pub with up to 65 seats and 20 patio seats. Phase two: One neighbourhood pub with up to 40 seats and 10 patio seats.
· 1200 block Davie Street. Phase One: One neighbourhood pub with up to 40 seats and 10 patio seats. Phase two: One neighbourhood pub with up to 40 seats and 10 patio seats;
and in addition, the opportunity for one Restaurant-Class 2 in the Davie Street Village (1000-1200 block) with up to 100 seats and 20 patio seats.
PURPOSE AND SUMMARY
Oasis Restaurants Ltd., is requesting a Council resolution endorsing their application for a 65-seat and 20-seat patio Class D Neighbourhood Pub at 1240 Thurlow Street.Staff is recommending approval of the Oasis Restaurant Ltd., application for a Class D Neighbourhood Pub at 1240 Thurlow Street, given the results of the initial public notification, the recently approved West End Liquor Policy and the public consultation feedback received during the review.
BACKGROUND
On September 16, 1999, the Vancouver Liquor Licensing Commission recommended to Council that the decision on this application be deferred until a liquor policy review of the West End had been completed. The West End Liquor Policy Review is now complete and the recommendations of the report were endorsed by Council on May 16, 2000. Therefore, staff resubmits to Council the applicants request for a Class D Neighbourhood Pub at 1240 Thurlow Street.
The applicant has previously operated a social club with ancillary restaurant at this location, which is directly above Dennys Restaurant at the corner of Thurlow and Davie Streets.
The proposed pub will offer typical pub entertainment such as dedicated games area with pool table or dartboard, television monitors and quiet background music by way of a pianist or guitarist. The pub will also have a fairly extensive food menu, and cater to residents and business people of the West End. The applicant is applying for an off-premises sales endorsement to allow retail sales of beer, wine and coolers. Staff is not supportive of off premise sales because the main entrance is on Thurlow Street and the premise is on the second floor.
The proposed hours of operation will be from Sunday to Wednesday 11:00 a.m. to 12:00 midnight and Thursday, Friday and Saturday from 11:00 a.m. to 1:00 a.m. Staff notes, however, that Liquor Control & Licensing Branch policy recommends 1:00 a.m. closing only on Friday and Saturday. The existing restaurant on the main floor of this building operates 24-hours a day.
Neighbourhood pubs of this size typically do not create policing issues relative to other primarily liquor service establishments. The proposed pub will not meet the Liquor Control & Licensing Branch one mile proximity requirement. However, relaxation of this requirement is at the discretion of the General Manager, Liquor Control & Licensing Branch.
The subject premises are located in a C-5 (West End) zoning district. The surrounding area is a mixture of retail, restaurants, office, institutional, cabaret, hotel and multi residential uses. There is a significant amount of residential apartments in the area (Appendix A). The nearest residential buildings are located directly west across Thurlow Street and directly south across the rear lane.
There are two Class C Cabarets (545 seats), two Class A Lounges (131 seats) one Class D Neighbourhood Pub (65 seats and 20 seat patio) and 25 licensed restaurants in the survey area. The closest provincial government liquor store is located at 1155 Bute Street and there is an estate wine store at 1034 Davie.
DISCUSSION
A neighbourhood notification was conducted with the initial application. 10470 notices were delivered in the notification area (refer to Appendix A). The results of the notification are as follows:
17 letters in favour, 208 petition letters in favour from residents and businesses,
12 letters opposed and two letters that were nonspecific.It is also worth noting that during the West End Liquor Policy review, staff was initially proposing that no additional neighbourhood pubs be permitted on the 1000 block of Davie Street. Throughout the two public open house meetings and a number of smaller focus group meetings with residents, resident associations and businesses, staff found that there was a great deal of support for the approval of this application. As a result, staff amended the proposed policy for the 1000 block of Davie Street to allow for one additional neighbourhood pub on this block.
Staff notes that on May 16, 2000, Council endorsed a new liquor license application process. This new process has removed the referendum requirements for Class D Neighbourhood Pub applications and has been replaced with, at a minimum, signage, notification and a public meeting. Staff feels that the public consultation conducted during the West End study and the earlier notification process meets the criteria set out by Council policy. Therefore, it is unnecessary to conduct any further public consultation.
COMMENTSThe Police Department has no major concerns with this application. However, the area where the pub is to be located attracts a large number of street kids and panhandlers who are a cause of concern by area residents and business owners. The applicant should be aware of and address the likelihood of them migrating to the front of the pub.
The Planning Department notes that the site is located within the C-5 West End Commercial Zoning District. The existing building is approved for a Restaurant-Class 1 on the first floor (1098 Davie Street) and a social club with an ancillary restaurant on the second floor (1240 Thurlow Street).
Neighbourhood Public House is listed as a conditional approval use in the C-5 and C-6 Districts Schedule, having particular regard to parking, vehicular circulation, compatibility with surrounding uses and noise control. Any proposal to change the use to provide a Neighbourhood Public House would require a development application.
It should be noted that staff has advised the applicant that off street parking may be a concern at this site.
As part of the review process, staff would include an assessment of the anticipated impact on neighbouring sites, in particular the residential uses in the RM-5A zoned area located immediately to the south of the site. An application of this type would be reviewed in accordance with the provisions of all relevant by-laws, including the Parking By-law and the Neighbourhood or Marine Public House Guidelines, adopted by Council on August 9, 1998.
The Environmental Health Division of the Vancouver-Richmond Health Board reports that considering the already high traffic and busy environment of this area, a Class D Neighbourhood Pub should not greatly compound the overall noise ambience. Issues to consider and evaluate are the acoustical quality of the building if the pub has live musical entertainment and the potential for complaints from the immediate residents on Thurlow Street concerning noise from departing or the gathering of patrons at the parking lot at closing time.
The Social Planning Department and Housing Centre have no comments.
CONCLUSION
The application is for a 65-seat and 20-seat patio Class D Neighbourhood Pub, which meets Davie Street area zoning requirements. There is a significant amount of residential in close proximity to the proposed site and community impact issues may be compounded by the number of liquor premises on this block. Small neighbourhood pubs generally do not raise major concerns, but there may be some impacts related to noise, with patron dispersal and the patio identified as areas of concern. Therefore, to mitigate potential impacts from the patio, it is recommended that it close by 11:00 p.m.
The results of the initial neighbourhood notification process and the feedback received during the West End study indicates there is a great deal of support within the community for this application. Staff recommend, therefore, that the application be endorsed, subject to the conditions listed.
NOTE FROM CLERK: Electronic copy of Appendix A (map) is not available - on file in the Office of the City Clerk.
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(c) 1998 City of Vancouver