ADMINISTRATIVE REPORT

TO:

Planning and Environment Committee

FROM:

Director of Current Planning

SUBJECT:

210 Abbott Street- Private Liquor Store

 

CONSIDERATION

GENERAL MANAGER'S COMMENTS

COUNCIL POLICY

On April 8, 2003, Council resolved the following with respect to Liquor Stores in the City of Vancouver:

(i) Council rescinds the previous Beer and Wine Store and Speciality Wine Store

(ii) applicant to submit copy of Liquor Control and Licensing Branch (LCLB) preliminary approval letter;

(iii) staff to conduct a neighbourhood notification of affected neighbours;

(iv) staff review to include an assessment of the following factors:

(v) that Development Permits be time-limited;

(vi) applications deemed controversial by the Director of Planning may be referred to Council for advice;

(vii) Liquor Stores not be permitted within 150 metres of another Liquor Store; and

(viii) Liquor Stores not be permitted within 150 metres of a School (public or private), Church, or Park.

At the same time Council instructed the Director of Planning to favourably consider development applications for Liquor Stores selling beer and wine, or hard liquor to "only" those sites in the city currently approved as Liquor Stores.

In addition, on October 16 and November 6, 1990, Council resolved when adopting the Liquor Licensing Policies and Procedures (last amended on December 11, 1997) the following with respect to Liquor outlets in this area:
"THAT no new liquor retail outlets be permitted in the Downtown Eastside or Gastown areas."

SUMMARY

In accordance with the Council resolution of April 8, 2003, this development application is being referred to Council for advice as the proposal has generated concern in the community, and is in conflict with Council's Liquor Licensing policies for liquor retail outlets in the Downtown-Eastside and Gastown areas.

The Director of Planning is not inclined to support this proposal, however; before making a decision, the application is being referred to Council for advice.

PURPOSE

This report seeks Council's advice on a development application to change the use of a portion of an existing building from Retail to Liquor Store (Beer only).

SITE DESCRIPTION AND CONTEXT

The site is located on the east side of Abbott Street between Water Street to the north, and the east/west lane to the south, and is zoned HA-2. The site contains the Dominion Hotel(a Municipally Designated Heritage Building) and the proposed Liquor Store (Beer only) would be located on the ground floor (214 Abbott Street), immediately south of the existing Hotel lobby, in a space previously occupied as Retail. The site does not contain any off-street parking or loading facilities. The site and surrounding zoning are shown on the attached Appendix "A".

Staff carried out a land use survey of the surrounding area, similar to that which would be done for a liquor licensed premises, as covered by Council Policy. The survey area contains a mix of commercial and residential uses. The closest Government Liquor Store is located at 555 West Hastings (Harbour Centre),which is approximately 400 metres (1,400 ft.) from this site.

PROPOSED DEVELOPMENT

The application seeks approval to change the use of approximately 61 sq. metres (655 sq. ft.) of the ground floor in the existing residential Hotel on this site to provide for a new private Liquor Store (Beer only).

The applicant's submission includes a declaration that the liquor store would be used for the sale of "beer only" and has indicated proposed hours of operation of the store to be 10:00 am to 12:00 midnight, seven days per week.

The applicant is the current operator of the Dominion Hotel on this site, which contains a Public House that provides off-sales of liquor products.

The proposed Liquor Store has been assessed against the applicable provisions of the Zoning and Development By-law and the Parking By-law. Staff have also reviewed the application against the guidelines Council recently adopted for the review of these types of applications involving Liquor Stores selling "only' beer or "only " wine. The following summarizes the results of the review process:

Proximity to Other Uses- The proposed Liquor Store is not within 150 metres of another Liquor Store, nor within 150 metres of any Schools, Parks, Churches, or other licensed premises (apart from the adjacent Pub in the existing Hotel).

Parking/Loading Provisions- The proposed change of use does not increase the on-site parking requirement however, the current Hotel does not provide any off-street parking on it's own site, and short-term parking for the proposed Liquor Store would be dependant on available street parking only.

Similarly, the change of use does not require additional loading provisions, but once again the existing Hotel building does not provide any off-street loading facilities and delivery of beer products would need to be carried out utilizing the existing streets and lane.

Simplified plans, including a floor plan/site plan, are included in Appendix "B".

Council Policy on Liquor Licensing- Council policies regarding Liquor Licensing include a restriction on liquor retail outlets in the Downtown -Eastside and Gastown areas.

Although not germane to this liquor store application, rooms in this building are designated under the Single Room Accommodation By-law. Staff have received a request that rooms in the Dominion Hotel be exempted, but no application for an exemption has been submitted.

In general, where Council has expressed an interest in expanding liquor services/availability contrary to the existing Council liquor moratorium policy, public benefits have been negotiated, often in the form of retaining low-income housing. This is not addressed in this report as it is not clear if Council supports expansion of liquor retailing to include the Gas town/Downtown Eastside Moratorium area, nor has the owner indicated any interest in providing future low-income housing benefits.

Notification- As part of the review of this development application, 180 neighbouring property owners (including 56 recognized neighbourhood groups/associations) were notified of the proposal. The Director of Planning received 11 individual letters of objection. The notification area is included in the attached Appendix "A" map.

A summary of the neighbourhood objections is as follows:

(i) concerns expressed that the proposed use in not appropriate in this particular location, and will add to the existing problems in the area.

(ii) concerns that there are already plenty of off-sales available from existing Pubs in the area, and the liquor store is not needed.

GASTOWN HISTORIC AREA PLANNING COMMITTEE

On September 17, 2003, after reviewing the application for a Liquor Store on this site, the Gastown Historic Area Planning Committee resolved,
"THAT the Gastown Historic Area Planning Committee support the application by Mr. Kang to use a portion of the ground floor of the Dominion Hotel, 210 Abbott Street for retail (beer) liquor sales; subject to the following:

POLICE DEPARTMENT COMMENTS

The Vancouver Police Department has reviewed this application and does not support
approval.

CONCLUSION

While the proposed development may meet the technical requirements of the Zoning and Development By-law, the site has challenges as to it's suitability for this type of use and is contrary to Council Policy with regard to liquor retail outlets in this area. The proposal has also generated concerns in the community and is not supported by the Police Department.
The Director of Planning is inclined to not support this proposal, but before making a final decision, is seeking any advice that Council may wish to provide. The Director of Planning is also seeking Council advice on whether future applications of this type should be considered favourably, in light of the existing Council policies on liquor retail in this area of the City.

LINK TO APPENDICES A AND B

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