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.
* * * * *