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REPORT TO COUNCIL
STANDING COMMITTEE OF COUNCIL
ON PLANNING AND ENVIRONMENTJULY 12, 2001
A Regular Meeting of the Standing Committee of Council on Planning and Environment was held on Thursday, July 12, 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 Daniel Lee
*Councillor Don Lee
Councillor Tim Louis
Councillor Gordon Price
*Councillor George Puil
Councillor Sam SullivanABSENT:
Councillor Jennifer Clarke (Sick Leave)
Councillor Sandy McCormick (Leave of Absence)CITY MANAGER'S
OFFICE:Judy Rogers, City Manager
Brent MacGregor, Deputy City ManagerCITY CLERK'S OFFICE:
Laura Kazakoff, Meeting Coordinator
*Denotes presence for a portion of the meeting.
ADOPTION OF MINUTES
The Minutes of the Standing Committee on Planning and Environment meetings of June 7, and June 14, 2001, were adopted.
VARY AGENDA
The Committee agreed to vary the Agenda in order to deal with Item No. 7 first. For clarity the items are minuted in the order in which they were dealt with.
INFORMATION
7. Significant Rezoning Application - 955 & 969 Burrard Street
YMCA and First Baptist Church (File 5303)
The Committee had before it a description of a Significant Rezoning Application for 955 and 969 Burrard Street and a map showing the site and surrounding zoning.
Phil Mondor, Rezoning Planner, provided an overview of the application, which has been submitted by Davidson Yuen Simpson Architects, on behalf of the YMCA and First Baptist Church who have undertaken a partnership in this regard. Mr. Mondor reviewed the significant policy issues which will need to be considered by staff during the processing of this application. A report detailing the issues of this proposal will be brought to Council at a future meeting.
RECOMMENDATION
1. CD-1 Rezoning Policy Issues - 1030 Burnaby Street (File 5303)
The Committee had before it a Policy Report dated May 23, 2001, in which the Director of Current Planning, in consultation with the Director of the Housing Centre and the Director of Social Planning, assessed an application for rezoning to permit development of 100 units of congregate housing in a 14-storey building on the side yard of an existing 14-storey building containing 217 non-profit, rental units for seniors. Staff recommended that the application be refused, but also offered for Council's consideration the option that the application be processed in the normal manner.
Lynda Challis, Planner, Rezoning Centre, provided a brief description of the proposal and the rationale for staff's recommendation that the application be refused.
Gillian Watson-Donald, Consultant, and Norman Jones, Architect and Chair of the Society for the Christian Care of the Elderly, applicant, spoke in opposition to the recommendation for refusal and in support of the application being processed in the normal manner (photographs submitted - model on display). The following is a summary of points raised by the two speakers:
· there is not a lot of mid-priced supportive housing available, as is being proposed, and there will be an increased need for this type of housing in the future;
· current supportive-living housing facilities have long waiting lists;
· in regard to staff's concern regarding this project setting a precedent, if this rezoning application were allowed to proceed based on its being a non-profit society, there is only one other site in the West End which would be eligible to submit a similar application;
· close proximity of amenities needed by seniors such as the hospital, medical facilities and retail outlets;
· there is strong support in the community for this project;
· any urban design issues could be addressed in negotiations with staff during the process.Ms. Challis responded to questions regarding possible zoning relaxations and the CD-1 zoning process in terms of this type of development.
MOVED by Councillor Puil
THAT the Committee recommend to CouncilTHAT the application by Norman S. Jones, Architect, to rezone 1030 Burnaby Street (Lot 2, Block 12, DL 185, Plan 14172) from RM-5A to CD-1, to permit a 14 storey building for congregate housing, be REFUSED.
CARRIED
(Councillor Kennedy opposed)2. Molson Indy Pit Party (File 4205)
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At 2:50 p.m. Councillor Don Lee declared Conflict of Interest on this matter as he is a member of the Library Board. The Councillor left the meeting room and did not take part in the discussion or decision and did not return to the meeting until after the item had been concluded.
- - - - -The Committee had before it an Administrative Report dated July 4, 2001, in which the General Manager of Engineering Services, in consultation with the Chief Constable and Chief License Inspector, recommended Council approve a celebration of racing event on September 1st on the north plaza of Library Square, in conjunction with the annual Molson Indy Race.
Muriel Honey, Manager, Films and Special Events Office, reviewed the report and the neighbourhood notification process and responded to questions regarding security.
Caroline Cragg, Keg Restaurants, and Bert Hick, Consultant, responded to questions concerning the feasibility of making the event alcohol free, and the appropriateness of serving alcohol at a celebration of racing event, where customers who have been drinking will be able to take part in race car simulator contests.
MOVED by Councillor Puil
THAT the Committee recommend to CouncilTHAT Council approve the Molson Indy Pit Party Presented by the Keg Steakhouse, to be held Saturday, September 1st at Library Square; and
FURTHER THAT the sponsors be encouraged to consider incorporating messages against street racing in their advertising.
CARRIED
(Councillors Bass and Louis opposed)
(Councillor Don Lee absent for the vote)MOVED BY Councillor Bass
THAT the Committee recommend to CouncilTHAT the Molson Indy Pit Party, to be held on September 1st at Library Square, be an alcohol-free event.
LOST
(Councillors Kennedy, Daniel Lee, Price, Puil, Sullivan and the Mayor opposed)
(Councillor Don Lee absent for the vote)3. 969 Robson Street - Robson Entertainment Inc. (Planet Hollywood)
Restaurant - Class 2 Liquor License (File 2613-24)
The Committee had before it an Administrative Report dated June 26, 2001, in which the Chief License Inspector recommended Council endorse an application by Robson Entertainment to replace the existing 386-seat with 100-seat patio Restaurant-Class 1, with a 380-seat with 100-seat patio Restaurant-Class 2 at Planet Hollywood, with operating hours limited to 10:00 a.m. to 12:00 midnight, seven days a week. Also offered for Council'sconsideration was the option to endorse the applicant's requested operating hours of 11:00 a.m. to 1:00 a.m., seven days a week. The General Manager of Community Services supported staff's recommendation and submitted the option of later operating hours for consideration.
Guy Gusdal, Licensing Coordinator, provided an overview of the Administrative Report.
Bert Hick, Consultant, on behalf of the applicant, advised a Restaurant-Class 2 license, with the later closing time of 1:00 a.m., would provide the owner more flexibility in catering different types of functions such as movie and fashion industry events. He noted the Liquor Control and Licensing Branch closing time policy is discretionary, and requested Council endorse this application, with operating hours of 11:00 a.m. to 1:00 a.m.
MOVED by Councillor Louis
THAT the Committee recommend to CouncilTHAT Council, having considered the opinions of area residents and business operators of the community as determined by neighbourhood notification, the proximity of residential developments, traffic patterns, road access, availability of parking, noise impacts and the overall design, endorse the application by Robson Entertainment Inc. to replace the existing 386-seat with 100-seat patio Restaurant Class-1 with a 380-seat with 100-seat patio Restaurant-Class 2 at Planet Hollywood, 969 Robson Street, subject to:
i. A Time-Limited Development Permit including an acoustical study and, if required, a Legal Agreement for a new establishment, signed prior to the first renewal of the Development Permit.
ii. The signing of a Good Neighbour Agreement.
iii. The hours of operation limited to 10:00 a.m. to 12:00 midnight seven days a week.
iv. The patio closing at 11:00 p.m.
v. No exotic dancers permitted.
CARRIED UNANIMOUSLY
(Councillors Don Lee and Puil absent for the vote)4. 3728 Clark Drive - Corona Management Corp.
Cedar Cottage Neighbourhood Pub - Addition of 20-Seat Patio (File 2615-27)
The Committee had before it an Administrative Report dated June 26, 2001, in which the Chief License Inspector recommended Council endorse the application for a 20-seat patio at the Cedar Cottage Neighbourhood Pub at 3728 Clark Drive. The General Manager of Community Services supported the recommendation.
Guy Gusdal, Licensing Coordinator, reviewed the report and the neighbourhood notification process.
MOVED by Councillor Bass
THAT the Committee recommend to CouncilTHAT Council, having considered the opinions of area residents and business operators of the community as determined by neighbourhood notification, endorse the request by Corona Management Corp., for a 20-seat patio at the Cedar Cottage Neighbourhood Pub, 3728 Clark Drive, subject to:
i. A Time-Limited Development Permit
ii. The signing of a Good Neighbour Agreement
iii. The patio closing at 11:00 p.m.
CARRIED UNANIMOUSLY
(Councillors Don Lee, Puil and the Mayor absent for the vote)5. 606 Powell Street - Drake Enterprises Ltd.
Class 'A' Pub - Addition of 30-Seat Patio (File 2612-17)
The Committee had before it an Administrative Report dated June 26, 2001, in which the Chief License Inspector reviewed an application by Drake Enterprises Ltd. for a 30-seat patio at the Class `A' pub at 606 Powell Street, and offered for Council's consideration the choice of either endorsing or not endorsing the application. The General Manager of Community Services submitted the two choices for consideration.
Guy Gusdal, Licensing Coordinator, reviewed the neighbourhood notification process, and noted staff are supportive of this application. He noted, however, that the property falls within the Downtown Eastside liquor licensing moratorium area, and would require Council to waive its policy in this regard if liquor service were to be allowed on the patio. Mr. Gusdal responded to questions regarding the upcoming Workers Compensation Board regulations regarding smoking, and regulations regarding patio design.
Rick Erdman, HOST Consulting, (materials filed) spoke in favour of the application, and reviewed the design of the proposed patio. He felt noise from the patio would not be an issue, as there have been no noise complaints in relation to the interior of the pub.
Della Cootes, area resident, spoke in opposition to the application, and provided the following comments:
· there is a need to downsize alcohol facilities in the downtown eastside;
· the need for alcohol service on the patio was questioned;
· there may be negative impacts on the nearby mental health facilities;
· there are many people living in nearby sleeping rooms who will be affected by the increased noise from the patio.Mr. Gusdal responded to questions regarding the foregoing delegation's concern regarding noise for adjacent residents.
MOVED by Councillor Louis
THAT the Committee recommend to CouncilTHAT Council, having considered the opinions of area residents and business operators of the community as determined by neighbourhood notification, endorse the request by Drake Enterprises Ltd., for a 30-seat patio at the Drake Hotel's Class `A' Pub, 606 Powell Street, subject to:
i. A Time-Limited Development Permit, prior to the first renewal of which the Director of Planning is instructed to notify area residents and survey the residents living above the pub for any noise concerns in relation to the outdoor patio;
ii. The signing of a Good Neighbour Agreement;
iii. The patio closing at 11:00 p.m.
CARRIED UNANIMOUSLY
(Councillor Don Lee absent for the vote)----
Councillor Don Lee returned to the meeting at 3:50 p.m.
----6. Soils Remediation on City Streets (File 3759)
The Committee had before it a Policy Report dated July 4, 2001, in which the City Manager, in consultation with the General Manager of Engineering Services, the Director of Legal Services and the Manager of Environmental Protection, provided information on City practices for the remediation of contaminated soil on City streets, confirming its compliance with the legislative changes of 1997, and recommended changes to City policy on this issue.
Brent MacGregor, Deputy City Manager, with the aid of a chart entitled "soils remediation standards", provided an overview of Provincial regulations for roads and residential lands and the current and proposed City regulations for roads. Mr. MacGregor noted the recommendations would allow staff to move forward on several projects.
Mr. MacGregor responded to questions concerning the development of the False Creek area, and how the City is dealing with all the vacant former gasoline station sites.
Bob Miller, Petro Canada, provided comments in support of the recommendations contained in the Policy Report.
MOVED by Councillor Louis
THAT the Committee recommend to CouncilA. THAT City streets be remediated to the residential standard for the top 3.0m and to the commercial standard below 3.0m, and at the discretion of the City Manager, the City may require the residential standard throughout.
B. THAT at the discretion of the City Manager, the City may accept cash payment to offset future transportation and disposal costs of soils in City streets that meet the commercial standard below 3.0m, but only if the following conditions are met:
(1) the Ministry of Environment has consented to the contaminants remaining in situ and has issued a Certificate of Compliance for those soils to the commercial standard or better;
(2) the Manager of Environmental Protection, having received and being satisfied with a written opinion from the developer's professional soils consultant to that effect, is satisfied that the contaminants have low or no mobility; and
(3) in the opinion of the General Manager of Engineering Services, the contaminants do not impact on existing underground utilities and there is little likelihood that such utilities will need to be placed within the commercial grade soils in the future.
C. THAT at the discretion of the City Manager, the City may accept contamination on City streets that are risk assessed rather than remediated, provided the Risk Assessment/Management Plan has been approved by the Ministry of Environment and an Off-Site Soils Agreement remains on title. This agreement is to be to the satisfaction of the Director of Legal Services, the General Manager of Engineering Services and the City Manager.
CARRIED UNANIMOUSLY
8. GVWD Proposal - Capilano Filtration Plant (File 3206)
Vancouver City Council, at its meeting on July 10, 2001, received a Report Reference on this matter from staff, and had for consideration a Memorandum dated June 25, 2001, from the General Manager of Engineering Services attaching a report from the Greater Vancouver Water District on the phasing of filtration of Capilano Source - Drinking Water Treatment Program. City Council also had before it that day a Memorandum dated July 3, 2001, from the Medical Health Officer and a letter from CUPE BC requesting to speak on the issue. Council agreed to refer the delegation request and any decision on this matter to a Standing Committee meeting on Thursday, July 12, 2001.
Accordingly, the Committee had before it the above-noted documents. The Committee also had before it a Memorandum dated July 11, 2001, from the General Manager of Engineering Services, in which the General Manager provided additional information on the Capilano filtration proposal, including recommendations which are to be considered by the GVRD
Water Committee on July 13, 2001, which facilitate future approval of the Capilano filtration proposal but allow the final decision to be delayed until February 2002. In his memo the General Manager recommended Council support the direction of these recommendations.
Also before the Committee was a Memorandum dated July 12, 2001, from the Medical Health Officer reiterating his request that Council convey to the GVRD its support for a decision to move ahead with the earliest possible filtration of the Capilano supply and not delay a decision until February 2002.
Ken Davidson, Vice-President, CUPE-BC (brief filed), urged Council to convey its support for an effective public consultation process on the matter of water filtration taking place in and with the member municipalities prior to this project proceeding. He also expressed concern with regard to the need to keep public ownership of the water supply.
Isabel Minty expressed concerns with regard to the costs of filtration, noting money could instead be spent on remedial measures in the Capilano watershed, such as reforestation. She advised ozonation was preferred over filtration and chlorination, and also expressed support for the retention of public ownership of water.
MOVED by Councillor Bass
THAT the Committee recommend to CouncilTHAT Vancouver City Council advise the Board of Directors of the GVRD that it supports the earliest possible filtration of the Capilano water supply, one of the major sources of water for the citizens of Vancouver.
CARRIED UNANIMOUSLY
The Committee adjourned at 4:28 p.m.
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CITY OF VANCOUVER
REGULAR COUNCIL MEETING MINUTES
STANDING COMMITTEE OF COUNCIL ON
PLANNING AND ENVIRONMENTJULY 12, 2001
A Regular Meeting of the Council of the City of Vancouver was held on Thursday, July 12, 2001, at 4:28 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 Lynne Kennedy
Councillor Daniel Lee
Councillor Don Lee
Councillor Tim Louis
Councillor Gordon Price
Councillor George Puil
Councillor Sam SullivanABSENT:
Councillor Jennifer Clarke (Sick Leave)
Councillor Sandy McCormick (Leave of Absence)CITY MANAGER'S
OFFICE:Judy Rogers, City Manager
Brent MacGregor, Deputy City ManagerCITY CLERK'S OFFICE:
Laura Kazakoff, Meeting Coordinator
COMMITTEE OF THE WHOLE
MOVED by Councillor Don Lee
SECONDED by Councillor BassTHAT 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
July 12, 2001Council considered the recommendations of the Committee, as contained in the following clauses of the foregoing report:
Cl.1: CD-1 Rezoning Policy Issues - 1030 Burnaby Street
Cl.2: Molson Indy Pit Party
Cl.3: 969 Robson Street - Robson Entertainment Inc. (Planet Hollywood)
Restaurant-Class 2 Liquor License
Cl.4: 3728 Clark Drive - Corona Management Corp.
Cedar Cottage Neighbourhood Pub - Addition of 20-Seat Patio
Cl.5: 606 Powell Street - Drake Enterprises Ltd.
Class `A' Pub - Addition of 30-Seat Patio
Cl.6: Soils Remediation on City Streets
Cl.7: Significant Rezoning Application - 955 and 969 Burrard Street
YMCA and First Baptist Church
Cl.8: GVWD Proposal - Capilano Filtration Plant
Clause 1
MOVED by Councillor Don Lee
THAT the recommendations of the Committee, as contained in Clause 1 of this report, be approved.
CARRIED
(Councillor Kennedy opposed)Clause 2
MOVED by Councillor Kennedy
THAT the recommendations of the Committee, as contained in Clause 2 of this report, be approved.
CARRIED
(Councillors Bass and Louis opposed)
(Councillor Don Lee excused from voting on Clause 2 due to a conflict of interest)
Clauses 3-6 and 8MOVED by Councillor Kennedy
THAT the recommendations of the Committee as contained in Clauses 3-6 and 8 of this report, be approved.
CARRIED UNANIMOUSLY
Clause 7
For information - no action taken.
RISE FROM COMMITTEE OF THE WHOLE
MOVED by Councillor Don Lee
THAT the Committee of the Whole rise and report.
CARRIED UNANIMOUSLY
ADOPT REPORT OF COMMITTEE OF THE WHOLE
MOVED by Councillor Daniel Lee
SECONDED by Councillor Kennedy
THAT the report of the Committee of the Whole be adopted.
CARRIED UNANIMOUSLY
ENQUIRIES AND OTHER MATTERS
1. Workers Compensation Board - Smoking Policy (File 4105)
MOVED by Councillor Bass
SECONDED by Councillor KennedyTHAT the Mayor write the Premier of British Columbia a letter reconfirming our support of the Workers Compensation Board policy planned for implementation in September 2001 that would control exposure of workers in all workplaces to second hand smoke.
We particularly note that all workers in British Columbia should have the same opportunity to clean indoor air.
Councillor Puil called Notice under Section 7.2 of the Procedure By-law.
The Council adjourned at 4:30 p.m.
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(c) 1998 City of Vancouver