P1 POLICY REPORT DEVELOPMENT AND BUILDING Date: April 24, 1996 Dept. File No. RW TO: Vancouver City Council FROM: Director of Land Use and Development SUBJECT: Interim CD-1 Zoning for Plaza of Nations (750 Pacific Boulevard South) RECOMMENDATION A. THAT the Director of Land Use and Development be instructed to make application to rezone the "Plaza of Nations" site at 750 Pacific Boulevard South (Lots 155 and 6352, FC District, Plan 21425) from BCPED B.C. Place Expo District to CD-1 Comprehensive Development District, and that the application be referred to Public Hearing, together with: (i) draft by-law provisions generally as contained in Appendix A; B. THAT the application by Martin Thompson to permit a family sports and entertainment centre (see also Appendix A) be referred to Public Hearing with (A) above, together with: (i) a draft consequential amendment to the False Creek North Official Development Plan (FCN ODP), generally as presented in Appendix B. (ii) draft amendments to License By-law No. 4450, generally as presented in Appendix C [included for information only]; and (iii) the recommendation of the Director of Land Use and Development to approve the application, subject to the condition of approval contained in Appendix D. C. FURTHER THAT the Director of Legal Services be instructed to prepare the necessary by-laws for consideration at Public Hearing, including a consequential amendment to the Sign By-law to establish sign regulations for this CD-1 in accordance with Schedule B (DD). GENERAL MANAGER'S COMMENTS The General Manager of Community Services RECOMMENDS approval of the foregoing. COUNCIL POLICY Reference to Public Hearing considerations of May 16, 1995, dealing with: - Rezoning of 750 Pacific Boulevard South from BCPED to CD-1; and - Proposed Text Amendment to Proposed CD-1 for Plaza of Nations to allow for Family Sports and Entertainment Centre. Public Hearing minutes and related reports are on file with the City Clerk. PURPOSE OF REPORT This report recommends the creation of an "interim" CD-1 for the Plaza of Nations site, principally to allow the Family Sports and Entertainment Centre, thereby allowing the Director of Land Use and Development to approve the relevant development application on an unlimited time basis. BACKGROUND AND DISCUSSION A proposal to development a Family Sports and Entertainment Centre at the Plaza of Nations site was linked to the establishment of a CD-1 for the site. At the conclusion of the Public Hearing on May 16, 1995, the conditions of approval established by Council for the enactment of that CD-1 called for the property owner (Canadian Metropolitan Properties Corp.) to provide a public right-of-way for the proposed False Creek streetcar corridor. Considerable delay has been experienced with that condition and its fulfilment is still possibly some time away. In the meantime, the applicant for the Family Sports and Entertainment Centre can only obtain an interim development permit of three years, which is insufficient for his purposes, given the considerable investment required to develop the use. Both staff and the applicant are aware that this application may result in a repetition of the lengthy Public Hearing (two evenings of delegations) related to the proposed Family Sports and Entertainment Centre. * * * Appendix A Page 1 of 1 OUTLINE OF DRAFT CD-1 BY-LAW PROVISIONS Uses: Family Sports and Entertainment Centre1. Interim Uses and Accessory Uses Customarily ancillary thereto, provided that: - the Development Permit Board considers that the use will be compatible with and not adversely affect adjacent development that either exists or is permitted by this By-law; - the Development Permit Board is satisfied that the use can be easily removed, and is of low intensity or low in capital investment; and - development permits are limited in time to periods not exceeding three years. Floor Area: Total floor area is limited to that existing on the site as of [date of enactment] of this by-law. Parking: A minimum of 428 off-street parking spaces must be provided and maintained in accordance with the applicable provisions of the Parking By-law for all uses existing as of [date of enactment] of this by-law. No additional off-street parking will be required for individual changes of use unless and until the total number of off-street parking spaces that would otherwise be required for all uses, consistent with applicable provisions of the Parking By-law, exceeds 1,200 spaces. The Director of Planning, in consultation with the General Manager of Engineer Services, may relax this requirement, subject to consideration of all applicable policies adopted by Council. APPENDIX B Page 1 of 1 PROPOSED FCN ODP AMENDMENTS Schedule A to By-law No. 6650 would be amended generally as follows, with bold/italics text to be added. 5.7 Area 6(b) (Plaza of Nations Complex) The Plaza of Nations Complex consists of three commercial buildings around a partially covered plaza area. It is intended that the buildings remain and be used for commercial purposes. A family sports and entertainment centre may be permitted within an existing building. Public access is to be provided and guaranteed through the site at all times unless Council approves otherwise for special events. The performance space within the plaza is to be made available for events on a commercial basis. It is intended that the development of this site remain generally as built as of April 10, 1990, with the exception of a hotel as discussed in section 3.2.3. Schedule A to By-law No. 6650 would be further amended by adjusting the diagram labelled "FIGURE 3 LAND USE" to reflect this amendment. APPENDIX C Page 1 of 2 PROPOSED AMENDMENTS TO LICENSE BY-LAW NO. 4450 License By-law No. 4450 would be amended generally as follows: The following definitions will be added: (1) Family Sports and Entertainment Centre means premises where a minimum of 55 percent of the total floor area is used for simulated sports and associated circulation space, and the balance is used for the administration of the centre, the sale of food and retail products, and to provide vending machines offering games for amusement or entertainment. (2) Simulated Sports means games or activities involving the use of baseball batting cages, basketball course, hockey rinks, golf simulators, miniature golf, climbing walls and similar sports related games and activities. The following provisions will be added under the new section "Family Sports and Entertainment Centre": (1) The provisions of this section apply to all persons carrying on the business of operating a family sports and entertainment centre. (2) No operator of a family sports and entertainment centre shall allow less than 4 or more than 150 vending machines offering games for amusement or entertainment to be available for use on the premises. (3) No operator of a family sports and entertainment centre shall allow any machine to be available for use on the premises if it redeems successful play with money or with prizes which can be redeemed for money on the premises. (4) No operator of a family sports and entertainment centre shall permit any customer, person or onlooker to enter or remain on the premises between the hours of [to be determined by Council]. An operator of a family sports and entertainment centre shall be deemed to permit such play, operation or use if it occurs while the operation or an employee of the operator is present on the premises. APPENDIX C Page 2 of 2 (5) No operator of a family sports and entertainment centre shall permit any person apparently or actually under the age of fifteen to enter or remain on the premises between the hours of 8:00 a.m. and 3:00 p.m. on Mondays to Fridays inclusive, unless the day is a school holiday or unless the underage person is accompanied at all times by the person's parent, legal guardian or school teacher. (6) Where reasonable doubt exists as to the age of a person desiring to enter or remain in a family sports and entertainment centre the operator shall not permit the person to enter or remain on the premises if the person is unable to provided documented proof of age. (7) No operator of a family sports and entertainment centre shall allow any intoxicated person on the premises or allow any person on the premises to drink alcoholic beverages or take drugs or take part in any gambling. (8) Every operator of a family sports and entertainment centre shall keep the premises clean, shall not cover up any windows in a manner so as to prevent a clear view of the interior of the premises, and shall not enclose the individual activity areas in a manner which prevents views into the activity area. (9) Every operator of a family sports and entertainment centre shall post in all conspicuous place a summary of the rules of conduct for customers, including those rules contained in the By-law. The definition of "Arcade" would be amended by adding the following underlined words: "Arcade" means any premises containing four or more machines on which mechanical, electrical, automatic or computerized games are played for amusement or entertainment and for which a coin or token must be inserted or a fee is charged for use, but does not include a Family Sports and Entertainment Centre. The yearly fee for a Family Sports and Entertainment Centre will be $191.00 (individual vending machine as per existing by-law). Appendix D Page 1 of 1 PROPOSED CONDITIONS OF APPROVAL (a) That Council approve the form of development for the Family Sports and Entertainment Centre, as presented under Development Application No. 717755.