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.
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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.
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