CITY OF VANCOUVER REGULAR COUNCIL MEETING MINUTES STANDING COMMITTEE ON PLANNING AND ENVIRONMENT MAY 8, 1997 A Regular Meeting of the Council of the City of Vancouver was held on Thursday, May 8, 1997, at approximately 4:15 p.m. in the Council Chamber, 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 Don Bellamy Councillor Nancy A. Chiavario Councillor Jennifer Clarke Councillor Alan Herbert Councillor Lynne Kennedy Councillor Daniel Lee Councillor Don Lee Councillor Gordon Price Councillor Sam Sullivan ABSENT: Councillor George Puil (Civic Business) CITY MANAGER'S OFFICE: Ken Dobell, City Manager CLERK TO THE COUNCIL: Nancy Largent COMMITTEE OF THE WHOLE MOVED by Cllr. Bellamy. SECONDED by Cllr. Clarke, 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 8, 1997 Council considered the recommendations of the Committee as contained in the following clauses of the attached reports: Cl. 1: Southeast Shore of False Creek: Planning/Rezoning of City-owned Lands for a Residential Community Cl. 2: 1525 Yew Street - Rossini's Restaurant Cl. 3: Proposed Amendment to Subdivision By-law No.5208 -Site Reclassification at 1708 East 56th Avenue Southeast Shore of False Creek: Planning/Rezoning of City-owned Lands for a Residential Community (Clause 1) MOVED by Cllr. Clarke, THAT the recommendations of the Committee, as contained in Clause 1 of the attached report, be approved. - CARRIED UNANIMOUSLY 1525 Yew Street - Rossini's Restaurant (Clause 2) MOVED by Cllr. Clarke, THAT the recommendation of the Committee, as contained in Clause 2 of the attached report, be approved. - CARRIED (Councillor Sullivan opposed) Proposed Amendment to Subdivision By-law No.5208- Site Reclassification at 1708 East 56th Avenue (Clause 3) MOVED by Cllr. Clarke, THAT the recommendation of the Committee, as contained in Clause 3 of the attached report, be approved. - CARRIED UNANIMOUSLY RISE FROM COMMITTEE OF THE WHOLE MOVED by Cllr. Clarke, THAT the Committee of the Whole rise and report. - CARRIED UNANIMOUSLY ADOPT REPORT OF COMMITTEE OF THE WHOLE MOVED by Cllr. Clarke, SECONDED by Cllr. Bellamy, THAT the report of the Committee of the Whole be adopted. - CARRIED UNANIMOUSLY Council adjourned at 4:20 p.m. * * * * * REPORT TO COUNCIL STANDING COMMITTEE OF COUNCIL ON PLANNING AND ENVIRONMENT MAY 8, 1997 A Regular Meeting of the Standing Committee on Planning and Environment was held on Thursday, May 8, 1997 at approximately 2:00 p.m. in the Council Chamber , Third Floor, City Hall. PRESENT: Councillor Jennifer Clarke, Chair Mayor Philip Owen Councillor Don Bellamy Councillor Nancy A. Chiavario Councillor Alan Herbert Councillor Lynne Kennedy Councillor Daniel Lee Councillor Don Lee Councillor Gordon Price Councillor George Puil (Clause 1) Councillor Sam Sullivan CITY MANAGER'S OFFICE: Ken Dobell, City Manager CLERK TO THE COMMITTEE: Nancy Largent ADOPTION OF MINUTES The minutes of the meeting of April 24, 1997 were adopted as circulated. RECOMMENDATION 1. Southeast Shore of False Creek: Planning/Rezoning of City-owned Lands for a Residential Community File: 8206 At its meeting of April 24, 1997, the Committee heard 22 of 31 registered speakers on the topic of planning/rezoning of City-owned lands for a residential community on the southeast shore of False Creek. Due to time constraints, it was decided the remaining speakers would be heard at the Committee's next meeting on May 8, 1997. The relevant Policy Report dated April 2, 1997, and report from Stanley Kwok Consultants Inc. entitled "Creekside Landing - Southeast False Creek" (both on file), are discussed in the Committee minutes of April 24, 1997. In accordance with a request made by the Committee on April 24th, the Committee now also had before it a memorandum from the City Manager dated May 6, 1997 (on file), providing clarification on concerns raised by a number of delegations and setting forth revised recommendations as follows (amendments shown in italics): A. THAT Council receive for information a report called "Creekside Landing - Southeast False Creek" dated January 1997 and prepared by Stanley Kwok Consultants Inc. representing completion of Phase I of the Southeast Shore of False Creek development contract. B. THAT the City Manager be instructed to proceed with Phase II of the development contract awarded to Stanley Kwok Consultants Inc., with special emphasis on sustainable development including life cycle and long-term cost economic analysis, and report back on the terms of reference, reporting channel, fees, and budget for this planning/rezoning phase. C. THAT the Director of Central Area Planning be instructed to proceed with the Council-approved planning process for the Southeast Shore of False Creek, with the consultancy on sustainable development as an initial activity in that planning process. D. THAT the Director of Central Area Planning be instructed to report back on terms of reference, final budget and consultant selection for the Council-approved Sustainable Development Consultancy for the Southeast Shore of False Creek by July 1997. E. THAT Council instruct staff that existing City policies, guidelines and by-laws should be the starting point for planning a sustainable and economically viable community in Southeast False Creek; AND THAT Council will consider variations to existing standards and by-laws in the development of area specific guidelines to ensure that the overall development provides appropriate community benefits within a sustainable and economic framework; AND FURTHER THAT consideration of the characteristics of a sustainable development in Southeast False Creek reflect its urban context. When the Chair called for any remaining speakers, only one came forward: Brent Cameron, Wonder Tree Foundation, discussed the threat posed by unsustainable use of resources and the destabilizing effects of global urbanization. Mr. Cameron felt many prospective purchasers want ecological alternatives, and urged Council to pursue sustainable development. Larry Beasley, Director of Central Area Planning, provided further clarification with respect to the foregoing amended recommendations. Mr. Beasley explained that Stanley Kwok Consultants Limited was not hired to do a complete plan for sustainable development in this phase of the planning process, but merely to size up the parameters and provide Council with an idea of what it is working with. Mr. Beasley also described the planning process from this point onward, including full public consultation. In dealing with existing City policies, staff will try to look behind the policy to find its key intent rather than adhere to the letter. Bruce Maitland, Manager of Real Estate, responded to queries regarding economic analysis of the project. Although Council will still have to be presented with a "bottom line", staff will be trying to work out a different model of economic analysis than the classical model. For example, there will be more emphasis placed on factors such as long-term cost savings. Mr. Maitland confirmed the City-owned land has been valued as long-term industrial land without added speculative value. Ken Dobell, City Manager, provided further clarification of the analysis of sustainability. It will be a question of who pays and who gains, basing the economics on the entire transaction rather than immediate gain. It will also involve interaction with all interested constituencies, who will be advised that their usual standards are not guaranteed and everything is on the table for discussion. Mr. Dobell advised the amended recommendations are intended to provide more flexibility. It will be a learning experience for staff. Mr. Beasley provided additional examples. For example, staff will be looking at operating as well as capital costs to give a more complete equation of costs overall. Because the City is both owner of the land and the regulating government, it is hoped a model of sustainable development will result, with both environmental and economic viability. Kovane Yuh, Development Officer, responded to a query concerning site contamination and how it will be dealt with. Council was prepared to vary existing City policies to achieve the desired result, and agreed to proceed with the planning process for a sustainable development generally as recommended by the City Manager. Council was hopeful this would result in a model environmentally sound community. The role and enthusiastic contribution of young people to this project was acknowledged. The foregoing amended recommendations A through E of the City Manager were moved by Councillor Puil. The following motions were moved by Councillor Chiavario, in amendment: THAT recommendation B be amended by inserting the word "benefit" between "cost" and "economic"; AND THAT recommendation E be amended by changing: - "policies, guidelines, and bylaws" to "policies, guidelines, standards, by-laws, etc."; - "be the starting point" to "be considered only as the starting point"; and - "existing standards and by-laws" to "existing policies, guidelines, standards, by-laws, etc.". - CARRIED UNANIMOUSLY The following motions by Councillor Puil, as amended by Councillor Chiavario, were put and carried. Therefore, the Committee RECOMMENDED A. THAT Council receive for information a report called "Creekside Landing, Southeast False Creek" dated January 1997 and prepared by Stanley Kwok Consultants Inc., representing completion of Phase I of the Southeast Shore of False Creek development contract. B. THAT the City Manager be instructed to proceed with Phase II of the development contract awarded to Stanley Kwok Consultants Inc., with special emphasis on sustainable development, including life cycle and long-term cost benefit economic analysis, and report back on the terms of reference, reporting channel, fees, and budget for this planning/rezoning phase. C. THAT the Director of Central Area Planning be instructed to proceed with the Council-approved planning process for the Southeast Shore of False Creek, with the consultancy on sustainable development as an initial activity in that planning process. D. THAT the Director of Central Area Planning be instructed to report back on terms of reference, final budget and consultant selection for the Council-approved Sustainable Development Consultancy for the Southeast Shore of False Creek by July, 1997. E. THAT Council instruct staff that existing City policies, guidelines, standards, by-laws, etc. should be considered only as the starting point for planning a sustainable and economically viable community in Southeast False Creek; AND THAT Council will consider variations to existing policies, guidelines, standards, by-laws, etc. in the development of area specific guidelines to ensure that the overall development provides appropriate community benefits within a sustainable and economic framework; AND FURTHER THAT consideration of the characteristics of a sustainable development in Southeast False Creek reflect its urban context. - CARRIED UNANIMOUSLY 2. 1525 Yew Street - Rossini's Restaurant File: 2701-1 The Committee had before it an Administrative Report dated April 17, 1997 (on file), in which the Chief License Inspector, in consultation with the Directors of Environmental Health and Land Use and Development, reported on whether to continue to withhold enforcement against Rossini's Restaurant. The restaurant is occasionally operating contrary to Council's resolution that enforcement be withheld for Saturday jazz sessions by a maximum of four musicians, from 3:30 to 6:30 p.m., subject to compliance by Rossini's. However, it was noted neighbourhood impacts and complaints have been minimal. Michael Twynstra, Deputy Chief License Inspector, reviewed the history of the withholding, and described examples of non-compliance including more than four musicians, hours, and occasional dancing. Staff are seeking Council's guidance whether it wishes to continue to withhold enforcement in accordance with the existing resolution, and instruction to initiate enforcement action against Rossini's when the restaurant otherwise acts contrary to the definition of a Restaurant - Class 1. In response to a query, Mr. Twynstra confirmed noise is not an issue. Pat Johnston, Planner, confirmed there have been complaints against other restaurants in this location, at least one about evening noise. This is a long established residential area with a comparatively high number of restaurants. There may be other requests for exemption based on that granted to Rossini's; however; Rossini's exemption covers only the afternoon. Ms. Johnston explained the distinction between Class 1 and Class 2 restaurants is reasonable and useful in dealing with such situations. However, Rossini's is unable to apply for Class 2 because it abuts residential contrary to the guidelines. Arni May, restaurant owner, clarified that at no time does Rossini's hire more than the permitted number of musicians. However, these numbers increase, occasionally, when other musicians drop in to "jam". There are few venues available for jazz musicians, and younger musicians, in particular, gain valuable performing experience. Mr. May indicated there is no dance floor nor does the restaurant advertise or encourage dancing, but two or three older couples occasionally dance in an area kept clear for server's access to the kitchen. Mr. May was not aware of a few instances reported by staff, but has been absent due to illness. In response to a query, he indicated 3:00 to 6:00 p.m. would be preferable to 3:30 to 6:30 p.m. Council was prepared to continue to withhold enforcement so long as the conditions set are adhered to. Council also agreed to change the three-hour period to commence at 3:00 p.m., but did not support a suggestion that an additional half-hour be permitted to allow time to wind down. Some concern was expressed over loss of performance venues and opportunity for musicians just starting out or wishing to jam with other accomplished musicians. However, there was greater concern not to create an undesirable precedent which poorly managed establishments might try to take advantage of. It was suggested that if the existing Restaurant Classes 1 and 2 do not meet the needs of the industry, they should approach the City with some definite proposals for discussion. The following motion by Councillor Sullivan was put and lost: THAT the permitted hours of exemption for Rossini's Restaurant be 3:00 to 6:30 p.m. - LOST (Councillors Clarke, Kennedy, Daniel Lee, Don Lee, Price, Puil and the Mayor opposed) The following motion by Councillor Kennedy was put and carried. Therefore, the Committee RECOMMENDED THAT Council instruct staff to withhold enforcement against Rossini's Restaurant holding jazz sessions by a maximum of four musicians from 3:00 to 6:00 p.m. on Saturdays only. If, however, the restaurant is operating at any other time contrary to the definition of a Restaurant - Class 1, particularly with respect to musical entertainment and customer dancing, that enforcement action be taken. - CARRIED (Councillor Sullivan opposed) The Chair explained to Mr. May that the number of musicians permitted refers not just to those hired by the restaurant, but to all performing at one time. That number should not exceed four in the exempt afternoon sessions even for a jam session, nor should it exceed two (the number permitted for a Restaurant - Class 1) in the evening. Nor should dancing be permitted. 3. Proposed Amendment to Subdivision By-law No. 5208 - Site Reclassification at 1708 East 56th Avenue File: 113 The Committee had before it an Administrative Report dated April 8, 1997 (on file), in which the Director of Land use and Development recommended approval of an application to reclassify the property at 1708 East 56th Avenue from Category 'B' to Category 'A' of the Sub-division By-law. This would permit subdivision into parcels. The Director noted there is some neighbourhood opposition. However, the property is only one foot short of qualifying for subdivision without reclassification, so it seems reasonable to support the request. Allison Higginson, Subdivision Coordinator, briefly reviewed the application. Ms. Higginson confirmed that to her knowledge, there were no area property owners present to oppose the application. Council noted that Mr. and Mrs. Chris Petersen, applicants, were present to answer questions. The following motion by Councillor Kennedy was put and carried. Therefore, the Committee RECOMMENDED THAT Council approve the application to reclassify the property at 1708 East 56th Avenue from Category 'B' to Category 'A' of Schedule A, Table 1, of Subdivision By-law No. 5208. - CARRIED UNANIMOUSLY The Committee adjourned at 4:15 p.m. * * * * *