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REPORT TO COUNCIL

STANDING COMMITTEE OF COUNCIL
ON PLANNING AND ENVIRONMENT

JANUARY 25, 2001

A Regular Meeting of the Standing Committee of Council on Planning and Environment was held on Thursday, January 25, 2001, at 2:00 p.m., in Committee Room No. 1, Third Floor, City Hall.

PRESENT:	*Councillor Lynne Kennedy. Chair Mayor Philip Owen Councillor Fred Bass Councillor Jennifer Clarke Councillor Don Lee, Vice-Chair *Councillor Tim Louis Councillor Sandy McCormick Councillor Gordon Price *Councillor George Puil Councillor Sam Sullivan
ABSENT:	Councillor Daniel Lee (Sick Leave)
CITY MANAGER'S OFFICE:	Brent MacGregor, Deputy City Manager
CITY CLERK'S OFFICE:	Diane M. Clairmont, Meeting Coordinator

* denotes presence for a portion of the meeting

RECOMMENDATION

1. Grant to "Save Our Living Environment" File: 2201

This item was postponed to the Standing Committee on Planning and Environment meeting, Thursday, February 22, 2001.

2. CD-1 Text Amendment - 1673 Bayshore Drive

(Trader's Restaurant) File: 5303

The Committee had before it a Policy Report dated January 5, 2001, in which the Director of Current Planning recommended refusal of the application by 562270 B.C. Ltd. to amend the CD-1 By-law to permit an increase in floor space and height for a proposed restaurant at 1673 Bayshore Drive or as an alternative suggested Council consider referring the application to Public Hearing. The General Manager of Community Services supported Recommendation A and submitted B for consideration.

Larry Beasley, Director of Current Planning, and Rob Whitlock, Planning, reviewed the report and responded to questions. Mr. Beasley noted that if Council recommended referral to a Public Hearing, staff would continue to recommend refusal.

Simon Gould, Consultant, submitted a brief dated January 25, 2001 (on file). Mr. Gould and Dave Galpin, Architect, Downs Archambeault, both representing the Applicant, reviewed the brief and stated their opposition to Recommendation A

Mr. Beasley, Mr. Gould and Mr. Galpin responded to questions concerning views and zoning restrictions. Mr. Galpin noted that in preparing the design, they were confident the proposed heights would be acceptable.

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

RECOMMENDED

A. THAT the application by 562270 B.C. Ltd., to amend CD-1 By-law No. 7232 for 1673 Bayshore Drive (Lot T, Sub 5, LMP 12980), to permit an increase in floor space and height for a proposed restaurant and marine pub, be REFUSED.

- CARRIED UNANIMOUSLY

3. 965 Granville Street - Luv-A-Fair Restaurants Inc.

Class 'C' Cabaret and Class 'D' Neighbourhood Pub and
919 Granville Street: 600428 BC. Ltd., Class 'C' Cabaret File: 2614-17

2614-18
2615-22

The Committee had before it an Administrative Report dated January 11, 2002, in which the Chief License Inspector recommended Council not support the requests by Luv-A-Fair Restaurants and 600428 B.C. Ltd. to relocate existing cabarets to the 900 block of Granville Street. The General Manager of Community Services supported the recommendations.

The Chair noted that Recommendation A referring to 965 Granville Street and Recommendation B referring to 919 Granville Street would be dealt with separately.

At this time, the Chair left the meeting and Councillor Don Lee, Vice-Chair assumed the Chair.

Paul Teichroeb, Chief License Inspector and Guy Gusdal, License Coordinator, submitted a document - "Status of Seating for the Theatre Row Entertainment District" (on file), reviewed the report by specific address and responded to questions regarding time limitations for pending applications and the process of transferring ownership along with approvals.

965 Granville Street

The following spoke in opposition to Recommendation A:

Dennis Coates, Agent for the Applicant

Nick Kerasiotis, Applicant (Luv-A-Fair Restaurants Inc.)

Vern Campbell, Consultant

Tom Bakker, Realtor

Brian Meakin, Property Manager for landlord
Howard Shapray, Lawyer for landlord
Sam Campbell, Area Resident
Paul Anderson, Area Resident

Speakers' comments included:

· endorsement would be in the public interest as relocation would result in reduced impact on Police, Permits and Licenses, and Health Department resources

· change in the area is on-going and relocation will provide a benefit to the area

Clause No. 3 (Cont'd)

· clubs have traditionally operated in fringe neighbourhoods due to lower rental rates; as opposed to many retail businesses, clubs require more square footage and set-up costs are more expensive

· a previous application was approved outside policy restrictions when thought to be beneficial to the community
· clientele for pubs and cabarets differ; both concepts desirable
· the property is currently unoccupied and subject to nuisance factors; generating revenue would assist in maintaining the property
· priority should be given to applicants who have met criteria rather than to those applicants who have been given conditional approvals but have not met criteria

Inspector Dave Jones, Vancouver Police Department, noted concerns regarding environmental design, clientele, density, and management resulting in recommending refusal of Recommendation A.

The following motion by Mayor Owen was put and carried. The Committee, therefore,

RECOMMENDED

A. THAT Council, having considered the opinion of area residents and business operators of the community as determined by neighbourhood notification 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 Luv-A-Fair Restaurants Inc., for a 220 seat Class `C' Cabaret at 965 Granville Street, subject to:

i a time-limited development permit;

ii a signed legal Operating Agreement for a new establishment prior to the first renewal of the time-limited development permit, which shall include the following provision:

a. holding the seating capacity to current numbers, regardless of any changes to the seating capacity regulations as a result of the provincial liquor license review;

Clause No. 3 (Cont'd)

iii the permanent closure of the 192-seat Class `C' Cabaret (doing business as Luv-A-Fair Cabaret) located at 1275 Seymour Street including a legal agreement to the satisfaction of the Chief License Inspector and the Director of Legal Service and that this legal agreement be signed within 9 months from the date of Council's resolution;

iv the Cabaret hours of operation are limited to 7:00 p.m. to Midnight on Sunday and 7:00 p.m. to 2:00 a.m. on Monday through Saturday;

v a signed Good Neighbour Agreement prior to business license issuance;

vi the applicant satisfying condition `iii' above within the specified time limit and that failure to do so will result in the staff notifying the General Manager of the Liquor Control and Licensing Branch that Council no longer supports the applicant's request; and

vii no off-sales or exotic dancing permitted.

- CARRIED

(Councillors Kennedy and Louis not present for the vote)
(Councillor Puil opposed)

919 Granville Street

Paul Teichroeb, Chief License Inspector, and Guy Gusdal, License Coordinator responded to questions.

The following spoke in opposition to the recommendation:
Dave Kershaw, Applicant (600428 B.C. Ltd.)
Rick Erdman, H.O.S.T. Consulting, Agent for the Applicant
Jonathan Baker, Lawyer for Applicant
(architectural renderings and letter from D.L. Massie, Architect, dated January 24, 2001 submitted on file)
Frank Martinelli, Building Owner

Clause No. 3 (Cont'd)

Speakers' comments included:
· applicant is BarWatch member and able to deal with police concerns regarding crowd/street concerns
· establishment design will enhance street appearance
· club can be operational very quickly
· concern expressed that due to inequities relating to City policy, financial losses are being incurred
· building is physically suitable for this type of establishment

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

RECOMMENDED

THAT a decision on Recommendation B of the Administrative Report dated January 11, 2001, in which 600428 B.C. Ltd., applied for a 225-seat Class `C' Cabaret at 919 Granville Street be postponed to the meeting of Vancouver City Council on Tuesday January 30, 2001.

- CARRIED UNANIMOUSLY

(Councillors Kennedy and Louis not present for the vote)

4. Noise By-law - Miscellaneous Amendment

(Hours for Refuse Collection) File: 113

This item was postponed to the Standing Committee on Planning and Environment meeting, Thursday, February 15, 2001.

The Committee adjourned at 6:10 p.m.

- - - - -
CITY OF VANCOUVER

REGULAR COUNCIL MEETING MINUTES
STANDING COMMITTEE OF COUNCIL ON
PLANNING AND ENVIRONMENT

JANUARY 25, 2001

A Regular Meeting of the Council of the City of Vancouver was held on Thursday, January 25, 2001, at 6:10 p.m., in Committee Room No. 1, Third Floor, City Hall, following the Standing Committee on Planning and Environment meeting, to consider the recommendations of the Committee.

PRESENT:	Mayor Philip Owen Councillor Fred Bass Councillor Jennifer Clarke Councillor Don Lee Councillor Sandy McCormick Councillor Gordon Price Councillor Sam Sullivan
ABSENT:	Councillor Lynne Kennedy (Civic Business) Councillor Daniel Lee (Sick Leave) Councillor Tim Louis Councillor George Puil
CITY MANAGER'S OFFICE:	Brent MacGregor, Deputy City Manager
CITY CLERK'S OFFICE:	Diane M. Clairmont, Meeting Coordinator

COMMITTEE OF THE WHOLE

MOVED by Cllr. Don Lee,
SECONDED by Cllr. McCormick,

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

- CARRIED UNANIMOUSLY

COMMITTEE REPORTS

Report of Standing Committee on Planning and Environment
January 25, 2001

Council considered the recommendations of the Committee, as contained in the following clauses of the foregoing report:
C1.1 Grant to "Save Our Living Environment"
Cl. 2 CD-1 Text Amendment - 1673 Bayshore Drive (Trader's Restaurant)
C1.3 965 Granville Street - Luv-A-Fair Restaurants Inc.

Class 'C' Cabaret and Class 'D' Neighbourhood Pub and
919 Granville Street: 600428 BC Ltd., Class 'C' Cabaret

C1.4 Noise by-law - Miscellaneous Amendment (Hours for Refuse Collection)

Clause 1

This item was postponed to the Standing Committee on Planning and Environment meeting, Thursday, February 22, 2001.

Clause 2

MOVED by Cllr. Don Lee,

THAT the recommendations of the Committee, as contained in Clause 2 of this report, be approved.

- CARRIED UNANIMOUSLY

Clause 3

MOVED by Cllr. Clarke,

THAT the recommendations of the Committee as contained in Clause 3 of this report, be approved.

- CARRIED

(Councillor Puil opposed to Recommendation A)

Clause 4

This item was postponed to the Standing Committee on Planning and Environment meeting, Thursday, February 15, 2001.

RISE FROM COMMITTEE OF THE WHOLE

MOVED by Cllr. Don Lee,

THAT the Committee of the Whole rise and report.

- CARRIED UNANIMOUSLY

ADOPT REPORT OF COMMITTEE OF THE WHOLE

MOVED by Cllr. McCormick,
SECONDED by Cllr. Don Lee,

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

- CARRIED UNANIMOUSLY

ENQUIRIES AND OTHER MATTERS

1. Slot Machines File: 2633

MOVED by Cllr. Clarke

SECONDED by Cllr. Bass

THAT Council reaffirm its position prohibiting the introduction of slot machines into the City of Vancouver.

- CARRIED UNANIMOUSLY

2. Leave of Absence - Councillor Bass File: 1254

MOVED by Cllr. Clarke,

SECONDED by Cllr. Don Lee,

THAT Councillor Bass be granted Leave of Absence (Civic Business) from Standing Committee on City Services and Budgets on February 15, 2001.

- CARRIED UNANIMOUSLY

3. Leave of Absence - Councillor Louis File: 1254

MOVED by Cllr. Bass,

SECONDED by Cllr. Clarke,

THAT Councillor Louis be granted Leave of Absence from Public Hearing on January 25, 2001.

- CARRIED UNANIMOUSLY

4. Leave of Absence - Councillor Price File: 1254

MOVED by Cllr. McCormick,

SECONDED by Mayor Owen,

THAT Councillor Price be granted Leave of Absence (Civic Business) on January 30, 2001.

- CARRIED UNANIMOUSLY

5. Leave of Absence - Councillor Sullivan File: 1254

MOVED by Cllr. McCormick,

SECONDED by Cllr. Clarke,

THAT Councillor Sullivan be granted Leave of Absence the morning of February 20, 2001.

- CARRIED UNANIMOUSLY

The Council adjourned at 6:15 p.m.

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(c) 1998 City of Vancouver