Agenda Index City of Vancouver

LATE DISTRIBUTION Supports Item No. 3

ADMINISTRATIVE REPORT

TO:

Standing Committee on Planning & Environment

FROM:

Chief License Inspector

SUBJECT:

2733 Commercial Drive - Silvertone Tavern Inc.
Class ‘D’ Neighbourhood Pub - Application for 20-Seat Patio

 

CONSIDERATION

A. THAT Council endorse the request by Silvertone Tavern Inc., for a 20-seat patio at the Silvertone Tavern, a Class ‘D’ Neighbourhood Pub, at 2733 Commercial Drive, having considered the support of residents and business operators of the community as determined by neighbourhood notification and subject to:

i. A Time-Limited Development Permit

OR

B. THAT Council advise the Liquor Control and Licensing Branch it does not support the application by Silvertone Tavern Inc., for a 20-seat patio at the Silvertone Tavern, a Class ‘D’ Neighbourhood Pub, at 2733 Commercial Drive.

GENERAL MANAGER’S COMMENTS

The General Manager of Community Services submits the choice of A or B for CONSIDERATION.

COUNCIL POLICY

Council Policy requires that amendments to existing Class ‘D’ Neighbourhood Pubs are subject to legal agreements, a good neighbour agreement and neighbourhood notification.

PURPOSE

Silvertone Tavern Inc. is requesting a Council resolution endorsing its application for a 20-seat patio at the Class ‘D’ Neighbourhood Pub at 2733 Commercial Drive.

BACKGROUND

A Class ‘D’ Neighbourhood Pub (formerly known as Broadway Express Neighbourhood Pub) has operated from this location since approximately June 1987. The ownership has recently been taken over by Silvertone Tavern Inc.

It is the operators’ intention to adhere to a no smoking policy, and this has caused a drop in business. There is an existing 363 sq. ft. space located adjacent to Commercial Drive, which could be used for the patio, and this would be used mainly for smokers as well as a general outside seating area.

In compliance with Section 25.5 of the License Bylaw and the Vancouver/Richmond Health Board Noise Bylaw, all amplification equipment used for musical reproduction and all components of such equipment must be contained within the building. Therefore, outside speakers will not be permitted.

The subject premises are located in a C-2C zoning district and the surrounding area is a mixture of retail, office, restaurant and residential uses. The closest residential is located directly behind the pub and at the rear of the commercial buildings across the street. The nearest government liquor store is located at 1520 Commercial Drive. (Appendix A).

DISCUSSION

The location of the patio adjacent to the sidewalk facing Commercial Drive should minimize any noise issues for any of the nearby residential units. The patio is located in a roofed over alcove of the building and is separated from the residential area by retail/office buildings along Commercial Drive. Also, given the recent Health Bylaw changes preventing smoking in neighbourhood pubs and the possible reinstatement of the Workers’ Compensation Board anti-smoking regulations, the patio is a reasonable request by the operator to provide an alternative for their clients who smoke, and still comply with the regulations.

Staff recommends that, should the application be endorsed, the time-limited development permit will provide a sufficient degree of control over the operation of the patio and that the legal agreement will not be required.

COMMENTS

The Police Department has no concerns and sees no reason to refuse the application. The Cedar Cottage Neighbourhood Safety Officer has spoken with residents of the neighbourhood and they like the idea of patio seating. Their only concern was the possibility of noise from outside speakers.

The Planning Department has reviewed the application and notes that the site is located within the C-2C Zoning District.

Records indicate that the existing building is currently approved for a neighbourhood public house and offices. Any proposal to provide outdoor seating to be used in conjunction with the existing neighbourhood public house would require a development application.

As part of the application review, staff would include an assessment of the anticipated impact on neighbouring sites and, in particular, the residential sites located immediately to the rear (west) of the site, without the intervention of a lane, which are zoned RT-5 and RT-5N (Two Family Dwelling). An application of this type would also be reviewed in accordance with the Neighbourhood or Marine Public House Guidelines adopted by City Council on August 9, 1988.

The Vancouver/Richmond Health Board has no concerns with this application on the understanding that there will be no amplified music or speakers outdoors and all music sound must be contained within the premises, in compliance with Noise Bylaw 6555.

The Social Planning Department and The Housing Centre have no particular concerns with this application.

The Vancouver School Board was advised of this application but, to date, no response has been received.

RESULTS OF NOTIFICATION

Permits and Licenses staff hand-delivered 134 notices in the notification area (refer to the map Appendix A). The results of the notification resulted in one letter in support and one in opposition.

The letter in opposition was received from Pacifica Treatment Centre Society, a residential treatment program for individuals with alcohol and/or drug dependencies, located at 1755 East 11th Avenue.

The Society notifies that it is their belief the patio would not be an asset to the community and has the added potential of being detrimental to their clients who are in treatment and doing their best to make positive lifestyle changes. The pub is located close to and is visible from some of the rooms in the centre. The outdoor patio has the potential to be an environmental trigger to their clients who, at the early point in their treatment, are more vulnerable emotionally and often resort to previous ways of coping by the use of drugs or alcohol until new ways have been learned and established. All clients entering Pacifica must be alcohol and drug free and remain so if they are to stay at the centre.

The Society is also concerned over the potential for increased noise, especially as the evening progresses, which could create major disturbances in the neighbourhood.

CONCLUSION

Staff supports the applicants’ request for a 20-seat patio as the location should minimize any impacts on the surrounding residential uses and will provide a means to serve the pub’s patrons who are smokers. The outdoor patio will also provide a presence on the street in the evening, which should be a positive addition for this area.

However, staff acknowledges the serious concerns raised by the Pacifica Treatment Centre Society and recommends that should the application be endorsed, the initial development permit be limited in time to 12 months. Prior to renewal of the development permit, Planning Department staff could notify adjacent business operators and residents and ask for comments. If no negative feedback is received, then Planning Department staff could renew the development permit on an annual basis.

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