CITY OF VANCOUVER REGULAR COUNCIL MEETING A Regular Meeting of the Council of the City of Vancouver was held on Wednesday, May 15, 1996, at 9:05 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 Owen Councillors Clarke, Hemer, Ip, Kwan, Price, Puil and Sullivan ABSENT: Councillor Bellamy (Leave of Absence) Councillor Chiavario (Leave of Absence) Councillor Kennedy (Leave of Absence) CITY MANAGER'S OFFICE: Judy Rogers, Deputy City Manager CLERK TO THE COUNCIL: Gary MacIsaac COMMITTEE OF THE WHOLE MOVED by Cllr. Clarke, SECONDED by Cllr. Puil, 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 May 15, 1996 Council considered the recommendations of the Committee, as contained in the following clauses of the attached report: Cl. 1: Significant Development and Rezoning Applications Cl. 2: Downtown South Planning Program - Progress Report Cl. 3: Downtown Liquor Licensing Policy - (a) Enforcement Issues and New Types of Establishments (b) Proposal for Theatre Row, Yaletown and Other Areas Regular Council, May 15, 1996. . . . . . . . . 2 COMMITTEE REPORTS (CONT'D) Report of Standing Committee on Planning and Environment May 15, 1996 (cont'd) Clauses 1 and 2 MOVED by Cllr. Clarke, SECONDED by Cllr. Puil, THAT the recommendations of the Committee, as contained in Clauses 1 and 2 of this report, be approved. - CARRIED UNANIMOUSLY Downtown Liquor Licensing Policy - (a) Enforcement Issues and New Types of Establishments (b) Proposal for Theatre Row, Yaletown and Other Areas (Clause 3) This Clause was referred for decision to the Regular Council meeting on June 11, 1996. RISE FROM COMMITTEE OF THE WHOLE MOVED by Cllr. Clarke, SECONDED by Cllr. Puil, THAT the Committee of the Whole rise and report. - CARRIED UNANIMOUSLY ADOPT REPORT OF THE COMMITTEE OF THE WHOLE MOVED by Cllr. Clarke, SECONDED bt Cllr. Puil, THAT the report of the Committee of the Whole be adopted. - CARRIED UNANIMOUSLY The Council adjourned at approximately 9:10 p.m. * * * * * REPORT TO COUNCIL STANDING COMMITTEE OF COUNCIL ON PLANNING AND ENVIRONMENT MAY 9 and 15, 1996 A meeting of the Standing Committee of Council on Planning and Environment was held on Thursday, May 9, 1996, at approximately 9:30 a.m. in Committee Room No. 1, Third Floor, City Hall. PRESENT: Councillor Price, Chair Mayor Owen (Clause 3 only) Councillor Clarke Councillor Hemer Councillor Ip Councillor Kennedy Councillor Kwan Councillor Puil Councillor Sullivan ABSENT: Councillor Bellamy (Leave of Absence) Councillor Chiavario (Leave of Absence) CITY MANAGER'S OFFICE: Judy Rogers, Deputy City Manager CLERK: Gary MacIsaac The meeting subsequently reconvened on Wednesday, May 15, 1996, at 7:30 p.m. in the Council Chamber, Third Floor, City Hall, with the same members present, with the exception of Councillor Kennedy who was on Leave of Absence. These minutes represent a consolidated version of the May 9 and May 15, 1996 meetings. ADOPTION OF MINUTES The Minutes of the Standing Committee on Planning and Environment meeting of April 18, 1996, were adopted as circulated. RECOMMENDATION 1. Significant Development and Rezoning Applications File: 5304-3 The Committee was informed that the significant development application relating to 1300 Marinaside Crescent had already been reported at an earlier meeting. Mr. Tom Phipps, Planner, reviewed an application by Tom Staniskis to rezone 3062-3188 West 41st Avenue from RT-2 to CD-1. The applicant proposes to develop two 3´ storey multiple dwellings containing a total of 60 dwelling units, 21 of which would have grade level access, at a density of 1.40 FSR with underground parking for 82 vehicles. Mr. Phipps identified the following issues which are emerging on this application: - traffic and short-cutting associated with UBC; - traffic and parking associated with Crofton House; - density; - overlook into RS-1 rear yards; - length of building facades along 41st Avenue. The following motion by Councillor Ip was put and carried. Therefore the Committee RECOMMENDED THAT the significant rezoning application for 3062-3188 West 41st Avenue, prepared by the Planning Department, be received for information. 2. Downtown South Planning Program - File:8007-15 Progress Report In a Policy Report dated April 19, 1996 (on file), the Director of Central Area Planning, in consultation with the Director of Social Planning, Manager of Real Estate Services, Manager of Housing Centre, Director of Permits & Licenses, General Manager of Parks & Recreation, Director of Finance, City Engineer and the Chief Constable, presented for Council's information a progress report on the Downtown South Program. The report provided an overview of progress since that time, and outlined the key planning issues in 1996. Clause No. 2 Continued Mr. Greg Yeomans, Planner, highlighted some of the key messages in the report. Population growth is at the heart of change in Downtown South, and since 1991, the total amount of built housing has grown from 2,700 to 4,300 units, somewhat ahead of original forecasts. A further 754 units are now under construction, and 1,537 units have been applied for or are approved. In terms of future work, staff are beginning to gear down planning activity and resources through 1996, but staff commitment is expected in the Downtown South for the foreseeable future. The two principle work items for 1996 are to report on, implement and monitor recommendations arising from the liquor licensing review, and complete the Granville Street Revitalization Program. A review of the progress towards the creation of the required parks in Downtown South will also be completed and fed into the 1997-1999 Capital Planning Process. Additional work items include: - continue to implement the City's low income housing policy, through retention of existing units and development of new units as the opportunities arise; - complete revisions to the Downtown South Guidelines; - report back on adult film viewer policy; - provide ongoing assistance with neighbourhood problem solving; - review rezoning and development applications to ensure conformity with the Downtown South plan; - continue to support development proposals which include the retention of heritage buildings; and - provide BIA support services for the Granville Street area. Members of the Committee enquired about the leaf designs which had been imprinted in the sidewalks in Downtown South. Mr. Yeomans responded that the first installation did have some problems, but the City has done a better job with the most recent installation of leaves in the sidewalk. Responding to questions concerning the cost of this treatment, Mr. Yeomans advised he will provide a breakdown of these costs for the Committee. Clause No. 2 Continued The following motion by Councillor Clarke was put and carried. Therefore, the Committee RECOMMENDED THAT the Policy Report dated April 19, 1996, on the Down-town South Planning Process, be received for information. 3. Downtown Liquor Licensing Policy - File:2610-3/8007-15 (a) Enforcement Issues and New Types of Establishments (b) Proposal for Theatre Row, Yaletown and Other Areas Before the Committee was a Policy Report dated April 26, 1996 (on file), from the Directors of Central Area Planning and Permits & Licenses, in consultation with the Directors of Social Planning and Legal Services, Manager of Housing Centre, Chief Constable, General Manager of Engineering Services and Vancouver Health Board. This report recommended measures to reduce the impacts of liquor licensed establishments on residential areas of the downtown, and proposed new types of licenses to provided a fuller array of entertainment opportunities for people who live, work or visit the central area. The report before the Committee contained the following recommendations: A. THAT the Director of Permits & Licenses and the Chief Constable, after consultation with Provincial Liquor Inspectors, report back on improved enforcement regulations and resources, as proposed in A1 and A2 of the Policy report dated April 26, 1996, to ensure infractions of liquor regulations can be dealt with in a timely and efficient manner. B. THAT the Vancouver Health Board, in consultation with the Directors of Permits & Licenses, Central Area Planning and Legal Services, report back with specific recommendations on the findings of the Noise Task Force with respect to the measures proposed in B1 to B5 of the Policy report dated April 26, 1996, to deal with noise impacts from licensed establishments. Clause No. 3 Continued C. THAT the measures proposed in C1 to C3 of the Policy report dated April 26, 1996, be adopted to increase the City's powers to regulate the hours of operation and seating capacities of licensed establishments in or near residential areas. D. THAT the measures proposed in D1 to D7 of the Policy report dated April 26, 1996, be adopted to deal with the impacts of patrons entering and leaving drinking establish-ments. E. THAT favourable consideration be given to relaxing the one mile distancing requirement for endorsing several applications for neighbourhood pubs in Theatre Row, on Robson Street (Howe to Homer), or Yaletown, subject to a legal agreement indicating there will be no outdoor patio seating, amplified music or a dance floor on the premises; and that it not be operated in conjunction with an adjacent restaurant; AND THAT the Director of Permits & Licenses, in consultation with appropriate staff, monitor the impacts of these establishments and report back on whether additional Class D licenses should be endorsed under these conditions. F. THAT Council not support, at this time, proposals to create a new Provincial licensing class or to amend the Provincial Class D regulations to accommodate more billiard tables. G. THAT Council not support, at this time, proposals to amend Provincial regulations to accommodate liquor licenses for establishments which enable their customers to participate in active sports activities on their premises, and that this be reviewed after the City has secured additional enforcement powers and amended the Noise By-law as described in this report. Clause No. 3 Continued H. THAT the Director of Central Area Planning, in consultation with the Directors of Permits & Licenses and of Legal Services, restaurant owners and the public, report back on regulating the location of restaurants accommodating more than about 150 to 200 people. I. THAT the Directors of Central Area Planning and of Permits & Licenses, in consultation with the Director of Legal Services, restaurant owners and the public, report back on regulations to permit small dance halls or restaurants which cannot be issued a liquor license but which have live or recorded music and dance floors for up to 50 people. J. THAT favourable consideration be given to endorsing one larger cabaret, up to a maximum of 1,000 seats in a non-residential area of the downtown, preferably one identified as appropriate for an entertainment focus, subject to the applicant providing research from other cities demonstrating the economic feasibility of such an establishment, an analysis of the effect it would have on other entertainment venues in Vancouver, and an analysis and strategy to deal with any social or neighbourhood impacts. K. THAT the Directors of Central Area Planning and Permits & Licenses, in consultation with appropriate staff, report back with a specific work program and staffing requirements to implement approved recommendations on liquor licensing and associated by-law amendments in the downtown, emphasizing the priorities established by Council. L. THAT Council acknowledge the work of the Downtown South Liquor Licensing Task Force and thank its members for the many hours of voluntary work they have contributed. Clause No. 3 Continued The report also included comments from the General Manager of Community Services in which he recommended approval of A through L, but included th following cautionary note: ".... the report reflects a trend toward increasing complexity in the City's regulatory environment, and an emphasis on increasingly fine and subtle distinctions among the subjects of regulation. This increases the cost and difficulty of administration and enforcement. More importantly, as complexity and subtleties increase, the basic intent and rationale for regulations becomes more remote and difficult for the public to understand. This acts to devalue the City's regulatory "currency". People lose respect for regulation which does not have patently clear purpose and meaning. Ultimately, this serves to reduce our effectiveness in regulating those things which really matter." In a second Policy Report dated April 26, 1996 (on file), the Directors of Central Area Planning and Permits & Licenses, in consultation with the Directors of Social Planning and Legal Services, Manager of Housing Centre, Chief Constable, General Manager of Engineering Services, and Vancouver Health Board, recommended measures to reduce the impacts of cabarets on the residential areas of Downtown South and to enhance the Theatre Row Entertainment District. The report also identified other areas in the downtown which may be appropriate for additional licensed establishments, as part of an entertainment focus. The following recommendations were before the Standing Committee: A. THAT cabarets in the emerging residential areas of Downtown South remain non-conforming to the zoning and that favourable consideration be given to proposals to reduce their impacts on nearby housing and the resulting public costs of enforcement, as proposed in A1 and A2 of the Policy report dated April 16, 1996. B. THAT the 700 to 900 Blocks of Granville Street be designated as the Theatre Row Entertainment District and that the Director of Central Area Planning, in consultation with the Director of Legal Services, report back with appropriate recommendations to amend the Downtown Official Development Plan. Clause No. 3 Continued C. THAT the Directors of Central Area Planning and of Permits & Licenses, in consultation with the Directors of Legal Services and Social Planning, the Manager of the Housing Centre and the General Manager of Engineering Services, report back with procedures for a proposal call for up to 1,000 licensed Class A, C or D seats, initially limited to applications which would result in a reduction of existing cabaret seats in the residential areas of Downtown South, as described in C1 of the Policy report dated April 26, 1996. D. THAT the measures identified in D1 and D2 of the Policy report dated April 26, 1996, be adopted to help to attract new licensed establishments to Theatre Row. E. THAT the measures identified in E1, E2 and E3 of the Policy report dated April 26, 1996, be adopted to prevent new housing from being built in Theatre Row, to ensure that nearby housing is designed to accommodate anticipated impacts and to inform potential owners and tenants about the entertainment district. F. THAT the measures identified in F1 to F4of the Policy report dated April 26, 1996, be adopted to enhance the 1100 to 1300 Blocks of Granville as a local commercial focus for the surrounding residential community, with the 1000 Block as a transition area; to help integrate existing hotels into the emerging community; to encourage entertainment for all residents; and to secure housing affordable to low income residents. G. THAT the measures for Yaletown identified in G1, G2 and G3 of the Policy report dated April 26, 1996, be adopted to endorse applications for neighbourhood pubs and Class 2 restaurants (limited to 150 seats) and to reduce the impacts of cabarets. Clause No. 3 Continued H. THAT the measures identified in this report for Robson Street (Howe to Homer) be adopted to give favourable consideration to applications for licensing hotel pubs or lounges, Class 2 restaurants and neighbourhood pubs, ensure any housing in or near this area be designed to accommodate the impacts of licensed establishments; and to not permit cabarets, subject to detailed analysis and public consultation concerning the appropriate mix of entertainment and housing for this area. I. THAT in the Plaza of Nations, favourable consideration be given to applications for cabarets on a case-by-case basis and for licensing pubs or lounges, should the zoning be amended to permit hotels; and that staff report back on designating this area as an entertainment district as outlined in I1, I2 and I3 of the Policy report dated April 26, 1996. J. THAT favourable consideration be given to proposals for entertainment uses in the Central Business District and that the entertainment functions of this area be reviewed, in consultation with the public as outlined in J1 and J2 of the Policy report dated April 26, 1996. K. THAT, in Victory Square, as described in K1 of the Policy report dated April 26, 1996, no cabarets be permitted until staff report back on policies to create an appropriate mix of licensed liquor establishments, as part of the community planning process for that area. L. THAT the moratorium on new licensed establishments in Gastown remain in place and be reviewed as described in L1 of the Policy report dated April 26, 1996, once Council indicates that adequate enforcement measures are in place to deal with negative impacts. Clause No. 3 Continued Mr. Nathan Edelson, Central Area Planner, and Mr. Paul Teichroeb, Deputy Director of Licensing, reviewed the report before Council and responded to questions. The following speakers appeared before the Committee over the course of the two meetings: Mr. Charles Wertman, on behalf of the Entertainment District, (brief on file) advised the Board and members are enthusiastic about the lifting of the Liquor License moratorium and revitalization of Granville Street. The following amendments to Report 3(b) were recommended: C. Option C2: (not option C1) Proposal Call with the limited period of time being set at two months and removing the suggested criteria of helping to provide for low income housing and social services. D1. Adding: - relaxing the one mile distancing requirement for neighbourhood pubs; - removing development cost levies; and - removing the parking requirement for small sites. E1. Adding: c) Require at-grade retail; permit cabarets at grade, but limit the width of entryways. d) permit the banking and sale of residual density from developments on the 700 to 900 blocks Granville Street to residential developments in Downtown South. In addition, Mr. Wertman requested that Council reconsider its 1991 decision to down zone Granville Street to 3.5 F.S.R. from 5 F.S.R. Mr. Alan Herbert (brief on file), a member of the Downtown South Liquor License Task Force, noted while there are several points of progress recommended in the report, the report falls short of meeting established goals. Specifically: - it is long on bureaucracy and regulation; - it is misguided on the business realities affecting existing licensees; - it almost completely avoids addressing public demand; and - it is devoid of any cultural or entertainment vision. Clause No. 3 Continued Mr. Herbert referenced the cautionary comments of the General Manager of Community Services regarding the emphasis on increased regulations, and advised these comments are accurate and should be addressed. Mr. Herbert drew the following conclusions from the report: - the moratorium has been tinkered with but essentially, it has been sustained; - Theatre Row, long an unofficial entertainment area, has been recognized for its function, but not ameliorated; - if you were a businessperson last week seeking a license to open a new bar, your chances for success have not changed; - there is scarce little to improve or spark the entertainment or cultural scene of Vancouver; and - Vancouver remains Salt Lake City North. Mr. Gary Penny, owner of Denman Station and the Pony Cabaret, emphasized that the experience gained from smaller venues such as Denman Station indicates smaller cabarets may be a viable long-term solution in the Downtown area. Mr. Penny cautioned that any proposals to allow licensed facilities on Granville Street to open at 5:00 p.m. would have a negative impact on clubs located immediately outside of this area. In terms of the Pony Cabaret, Mr. Penny indicated a preference to move this facility from its present location in Gastown to Granville Street, but a transfer of license is required to permit this to happen. With the recommendations proposed in the report, he would still be unable to move the Pony Cabaret from its present location. Mr. Jack Card advised Council of a proposal to bring back the Cave Supper Club as a theatre/cabaret showroom. Ms. Linda McMullan, on behalf of The Entertainment District, endorsed the recommendations of Mr. Charles Wertman and the Entertainment District, that Council reconsider its 1991 decision to down-zone Granville Street to 3.5 F.S.R. from 5 F.S.R. Clause No. 3 Continued Mr. Bong Ng, on behalf of Johnny Loves Cabaret, advised Council his lease at 871 Beatty Street expired in 1993. Since that time, Mr. Ng has been attempting to relocate his business into the Entertainment District, on advice of the City Planning Department, but has been unable to do so until the moratorium is lifted. In the meantime, his landlord was allowed to apply for a neighbourhood pub license to be operated on the premises currently occupied by Mr. Ng, and he now stands to lose his license. Mr. Ng stated he should not be penalized for following the directive of officials in the City Planning Department. Mr. Roger Gibson, on behalf of the BC Cabaret Owners Association, disagreed with the statements from earlier delegations which suggested that smaller licensed facilities may be a better option in the downtown area. Mr. Gibson cautioned that economies scale need to be considered, and an increase in the number of establishments may result in competition through the provision of cheap drinks, which is something that should be discouraged from happening. Responding to a question from a member of the Committee regarding noise complaints from residents in the Downtown South area, Mr. Gibson advised that one solution to decrease the amount of street noise is to extend the closing hour by one-half hour, in order to permit an orderly dispersion of the crowd. This would not involve serving drinks any later than it is permitted at present, but would allow patrons to stay an extra one-half hour. Ms. Dorothy Milne urged Council to consider the health life, safety and welfare of children and families in Vancouver, and suggested Council reduce the operating hours of liquor licensed facilities in residential areas. Ms. Milne also urged Council to approve measures to eliminate noise from licensed facilities in residential areas. Mr. Peter Weber, area resident, expressed concern with the impact that licensed liquor facilities in Yaletown are having on residents. Mr. Weber cited traffic parking and noise problems in existence which the City is not regulating properly. The solutions outlined in the staff report are vague and will not change the attitude of the patrons, as the majority of them live outside the area. Support was given for the recommendation to eliminate cabarets as a permitted use in Yaletown. Mr. Tom Mullins advised the Committee of the need for additional venues for country music in the Downtown. Clause No. 3 Continued Mr. Blaine Culling, owner, Roxy Cabaret, advised the recommendations contained in the reports represent a step in the right direction. Mr. Culling emphasized the need to designate a specific area in the City as an entertainment zone, and a suggestion was made that the 700 to 900 block on Granville Street may, in fact, be too small an area. In terms of the cabarets, Mr. Culling suggested that another solution may be to change the license to something which is more acceptable to the residential neighbourhood, rather than encouraging all the cabarets to move. The Committee was requested not to allow the existing problem cabarets which are poorly run to move to Granville Street, and create problems there. Mr. Bill Casson, area resident, advised the report is trying hard to address problems in the area, but is unrealistic in what will actually be achieved. He described the noise emanating from three nearby cabarets which plague the residents at the Pacific Point Development on a nightly basis. Mr. Casson put forward the following points for Council's consideration: - the extension of hours at closing time should not be supported; - no more cabarets should be permitted in Downtown South; - amplified music in adjacent cabarets in Downtown South should not be permitted; - street parking in front of the cabarets and valet parking should not be permitted; and - nuisances and disturbing the peace should be made punishable offenses. Ms. Laura Stannard, Task Force member, spoke in favour of the recommendations in the report and suggested they represent the diversity of interests and views which were represented on the Task Force. Given the wide variety of interests among the Task Force, it was not surprising that everyone is not completely satisfied with the recommendations. Mr. Brian Edward, area resident, echoed the concerns of the previous speaker from Pacific Point and emphasized the need for a buffer area. Mr. Edward also advised there may be acoustical solutions that could be used to insulate the nightclubs and prevent the noise from emanating into the residential neighbourhood. Clause No. 3 Continued Ms. Patricia Brantingham, SFU professor, advised her field of expertise is in crime prevention through Urban Planning. Surveys have shown that it is repetitive noises which bother people and an entertainment district is required, as there is a strong need to separate entertainment from residential areas. Ms. Brantingham expressed support for the recommendations in the report as they are headed in the right direction and will begin to solve future problems. Mr. Micheal Levy, on behalf of the Odyssey Nightclub, asked the Committee to consider the potential problems arising with a nightclub catering to gay patrons co-existing with businesses catering to non-gay patrons on Granville Street. The recommendations in the report require existing cabarets wishing to expand or upgrade to move to Granville Street, but this is not a workable solution for the Odyssey Nightclub. Representative, Wild Coyote Bar & Grill, advised the transfer of seats from Downtown South to Granville Street will not alleviate the problem, as there is still residential development on both ends of the proposed entertainment district, and the same problems are likely to emerge. A better solution would be to designate an enclosed type of space as an entertainment district which would ensure that adequate controls and security are in place. After hearing from all of the delegations present, the Standing Committee agreed to defer a final decision on this application to the June 11, 1996, Regular Council meeting where it will be considered as Unfinished Business. The meeting on May 15, 1996, adjourned at approximately 9:05 p.m. * * * * *