CITY OF VANCOUVER REGULAR COUNCIL MEETING MINUTES STANDING COMMITTEE ON PLANNING AND ENVIRONMENT JUNE 19, 1997 A Regular Meeting of the Council of the City of Vancouver was held on Thursday, June 19, 1997, at approximately 12:05 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 Daniel Lee Councillor Don Lee Councillor Gordon Price Councillor George Puil Councillor Sam Sullivan ABSENT: Councillor Lynne Kennedy (Leave of Absence) CITY MANAGER'S OFFICE: Ken Dobell, City Manager CLERK TO THE COUNCIL: Allisen Croft 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 June 19, 1997 Council considered the recommendations of the Committee as contained in the following clauses of the attached report: Cl. 1: Significant Rezoning Application Cl. 2: Theatre Row Liquor Licensing Policy Significant Rezoning Application (Clause 1) MOVED by Cllr. Clarke, THAT the recommendation of the Committee, as contained in Clause 1 of the attached report, be approved. - CARRIED UNANIMOUSLY Theatre Row Liquor Licensing Policy (Clause 2) MOVED by Cllr. Clarke, THAT the recommendations of the Committee, as contained in Clause 2 of the attached report, be approved. - CARRIED UNANIMOUSLY MOVED Cllr. Puil (in amendment), THAT references to Block 700 of Granville Street be struck from Recommendations A and B of the Policy Report. - LOST (Councillors Bellamy, Chiavario, Herbert, Daniel Lee Don Lee, Price, Sullivan and the Mayor opposed) POLICY REPORTS 1. Proposed Text Amendments to the Downtown Official File: 2610/2601 Development Plan and the HA-3 District Schedule: Implementation of the Downtown Liquor Licensing Strategy March 24, 1997 MOVED by Cllr. Clarke, THAT the Director of Land Use and Development be instructed to make application to: (a) amend the Downtown Official Development Plan generally in accordance with Appendix A, to no longer permit Dwelling Uses in the 800 and 900 Blocks of Granville Street (Theatre Row), except that existing Rooming Houses will continue to be permitted; and (b) amend the HA-3 District Schedule (Yaletown Historic Area) generally in accordance with Appendix A, in order to delete Cabaret as a permitted use; FURTHER THAT the Director of Legal Services be instructed to prepare the necessary by-laws; AND FURTHER THAT the application and by-laws be referred to a Public Hearing. - 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 12:10 p.m. * * * * * REPORT TO COUNCIL STANDING COMMITTEE OF COUNCIL ON PLANNING AND ENVIRONMENT JUNE 19, 1997 A Regular Meeting of the Standing Committee on Planning and Environment was held on Thursday, June 19, 1997 at approximately 9:30 a.m. in the Committee Room No. 1, Third Floor, City Hall. PRESENT: Councillor Jennifer Clarke, Chair Mayor Philip Owen Councillor Don Bellamy Councillor Nancy A. Chiavario Councillor Alan Herbert Councillor Daniel Lee Councillor Don Lee Councillor Gordon Price Councillor George Puil Councillor Sam Sullivan ABSENT: Councillor Lynne Kennedy (Leave of Absence) CITY MANAGER'S OFFICE: Ken Dobell, City Manager CLERK TO THE COMMITTEE: Allisen Croft RECOMMENDATIONS 1. Significant Rezoning Application File: 5301 The Committee had before it an application dated May 16, 1997 (on file), prepared by the Planning Department, to develop the vacant, half- block site at 4470 West 8th Avenue ("Sasamat Gardens") with 28 townhouses (duplexes and triplexes) and 24 seniors-oriented apartments in two buildings. One or both apartment buildings would be rental property. Phil Mondor, Rezoning Planner, reviewed the application and responded to questions concerning this application by Home Investments Ltd. to rezone the site from RS-1 to CD-1, Comprehensive Development By- law. Issues relate to the proposed T-lane at mid-block on West 8th Avenue; siting of the apartment building at the eastern end of the site; and the lack of community support. Concerns were registered in respect of process, precedent, density, character and form of development, traffic and property values. The following motion by Mayor Owen was put and carried. The Committee, therefore, RECOMMENDED THAT the Planning Department presentation on the significant rezoning application for 4470 West 8th Avenue be received for information. - CARRIED UNANIMOUSLY 2. Theatre Row Liquor Licensing Policy File: 2610 The Committee had before it a Policy Report dated May 28, 1997 (on file), in which the Director of Central Area Planning, Chief License Inspector and Chief of Police, in consultation with the Directors of Legal Services and Social Planning and General Manager of Engineering Services, recommended licensing and land use policies and proposed a policing strategy to replace the existing moratorium on new licensed establishments in Downtown South. It was recommended that up to a combined total of 1,000 additional Class A (hotel pub or lounge), Class C (cabaret), and Class D (neighbourhood pub) seats be permitted on Theatre Row, and that "Neighbourhood Public House" and "Cabaret" be deleted as permitted uses in the 1000 to 1300 Blocks of Granville Street. No new Class A or Class C seats would be permitted in the residential areas of Downtown South. Nathan Edelson, Planner, noted that Granville Street is the heart of many initiatives in the area and an important gateway to the downtown peninsula. Often, it is the first street viewed by tourists and is seen everyday by many commuters by transit and car, as well as by thousands of people who live within walking distance. The Liquor Licensing Policy for Theatre Row proposes to balance many different concerns while attracting investment to the area, protecting the historic nature of the street, adding to its vitality and making it a safe place for people of all ages and income groups. Liquor is but one aspect of Granville Street, which also offers a rich selection of cultural attractions, entertainment and shopping and dining areas. Mr. Edelson reviewed the Policy Report and responded to questions. The following speakers supported the proposed Liquor Licensing Policy for Theatre Row and urged Council's approval and direction to staff to proceed in an expeditious manner. Further, it was requested that Council give immediate consideration to applications received for 65-seat Class 'D' Neighbourhood Pub Licenses in the 900 Block Granville. Philip Boname, Urbanics Consultants Blaine Culling, Granville Entertainment Dennis Coates, on behalf of groups proposing entertainment- related developments at 900 and 952 Granville St. (brief on file) Kevin Copping, Vogue Theatre Scott Morrison and Richard Jaffray, Cactus Club Restaurant (briefs on file) Adrian Tuck, Resident & Business Owners Representative Arnold Silver, Investor Charles Wertman, Property Manager A compendium of key points made by the aforementioned speakers follows: Council should do everything it can to expedite approval of at least the three Class 'D' Licenses for the 900 Block Granville. The City is losing ground in maintaining the balance between the growing population and the supply of eating and drinking establishments in the area. Introduction of the Class 'D' License in the 900 Block would do a great deal to re-energize the area. The Downtown Vancouver Business Association recently adopted a resolution calling for immediate approval of the three applications for neighbourhood pubs in the 900 Block, in the context of endeavouring to assist the City with revitalizing the downtown area. The 3-month moratorium extended to five years - why is there a moratorium on business? Timing is extremely important as capital is very mobile, and another five months can be a trying time. Investors' costs are multiplying month after month; and, if the City lets it lie too long, the energy and impetus that is there will be lost. If the process could be moved forward, the rewards to the City would be enormous: The City is looking at $3 to $6 million in development monies, which will change the face of Granville Street; create 150 to 300 new jobs, bring in more tax money, change traffic patterns, improve safety, and add credibility and energy to the downtown area. The anticipated operators of projects at 900 and 952 Granville have spent substantial monies holding these properties for at least two years in anticipation that the moratorium would be removed in 1995. If the licenses are approved in September, facilities probably will not open in 1998, and some investors must decide whether or not to go forward with the projects. Granting of two or three neighbourhood pub licenses in the 900 Block would be a symbolic gesture on the part of the Council, and send the right message to investors. These applications meet all the criteria and would not create policing problems. The future is exciting, but the City must act now. It is important to retain the historic character of the street and have an environment where theatre patrons and others can enjoy themselves and feel safe. Also, granting the neighbourhood pub licenses now will help developers feel more committed to moving forward and encourage refurbishing of the existing properties; e.g., restoration of the neon signage at the Vogue Theatre. Vacant properties detract from the appearance and safety of the street. The City should give developers the opportunity to make something of Granville Street and bring people downtown. If the street becomes vibrant, it also becomes safe. The following speakers expressed support for the proposed Liquor Licensing Policy, while registering concern over the impact of further delays in developing the street and the potentially negative effects on area cabarets: Vance Campbell, The Roxy Roger Gibson, B.C. Cabaret Owner s Association (brief on file) Nick Karasiotis, Graceland Dave Kershaw and Derek Pink, Stone Temple Cabaret A precis of the points raised by the aforementioned speakers follows: A number of potential applicants have been waiting for the moratorium to end. Council is urged to take immediate action with a view to maintaining investors' interest in the area. Some owners have spent considerable money to upgrade existing cabarets on Granville, or are considering re-locating to Granville from Downtown South. There are concerns over the number of additional drinking seats proposed in the Liquor Licensing Policy and that it would create benefits for operations in the 700 Block which would not extend to the 1000 Block. The Industry has already added 1,500 seats to the Granville Mall, which exceeds the number recommended in the report, and the proposed 3 a.m. closing should include everyone; otherwise, operations in the 700 Block would have a competitive advantage. Cabarets of 200-seat capacity are not viable, due to the space required and the limited operating hours. Further, the Commodore will soon be back in operation with approximately 1,000 seats. All cabaret seats will be striving to cater to the same clientele, causing fierce competition and possible discount wars. Once a Cabaret license is in place, it is difficult to control the type and style of operation. In the past, certain restrictions were placed on some operations which turned out to be not enforceable. Sam Campbell, a resident of Granville Street and member of the Downtown South Residents' Association, also encouraged Council to proceed expeditiously with implementing the proposed Liquor Licensing Policy for Theatre Row. He underscored the importance of Recommendation E - Sections (2) and (6) -- to people who live, are unemployed, and would like to work, in the downtown area. He supported the proposed 3 a.m. closing on the basis it would discourage last-minute 'blitz' drinking at bar closing time and make policing easier, and questioned the need to provide parking at licensed establishments for people who are going out to drink. The Committee was sympathetic to the sensitive timing issue brought forward by speakers and amenable to referring the two formal applications for Class D licenses to the Vancouver Liquor Licensing Commission for consideration at its July meeting. One Committee member expressed major doubt concerning inclusion of the 700 Block Granville (between Robson and Georgia Streets), which is the site for a proposed hotel development, on the basis this is not the type of block that should include cabarets. Some concern was registered over the viability of 200-seat cabarets, as proposed in the Policy Report; and the requirement for both private security and public safety was underscored, if Granville Street is to be successfully revitalized. The Committee commended the authors of the Policy Report on the results of their efforts. The following motion by the Mayor were put and carried. Therefore, the Committee RECOMMENDED A. THAT the 700, 800, and 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 amendments to the Downtown Official Development Plan, and other relevant by-laws and policy documents to encourage a variety of entertainment uses and activities. B. THAT allowance be made in-principle for a combined total of up to 1,000 Class A (Hotel Pub or Lounge), Class C (Cabaret) and Class D (Neighbourhood Pub) liquor licensed seats on Theatre Row, consistent with the Theatre Row Policing Strategy and generally distributed as follows: 1. 700 Block of Granville - 2 cabarets, or 1 cabaret and 2 neighbourhood pubs, or 1 cabaret and 1 hotel pub and/or lounge and 1 neighbourhood pub. 2. 800 Block of Granville - 2 neighbourhood pubs, or 1 hotel pub and/or lounge and a neighbourhood pub, or possible consideration of a cabaret on the west side of Granville and 1 neighbourhood pub. 3. 900 Block of Granville - 2 cabarets and 2 neighbourhood pubs, or 1 cabaret and 3 neighbourhood pubs, or 1 cabaret, 2 neighbourhood pubs and one hotel pub/lounge. C. THAT the following process be initiated to determine which liquor license applications can be considered for approval on Theatre Row: 1. An advertisement be placed in the Vancouver Sun, Province and Georgia Straight newspapers indicating that potential applicants have 30 days to submit expressions of interest for locating Class A, C, or D licensed seats on Theatre Row with no more than 200 seats per building, unless the applicant clearly demonstrates that more seats are required for the financial viability of a project which will provide significant public benefits. 2. After the 30 day expression of interest period staff review all initial proposals received and recommend which Council should endorse now, which should be given additional time to prepare complete applications, and which should be refused. At least 400 seats should be reserved to encourage relocations from the residential area of Downtown South. 3. After the initial proposals are processed, until December 1998, applications for Class A (except small lounges with up to 125 seats in new or renovated hotels), C and D seats which do not result in either the relocation of existing seats out of the residential areas of Downtown South or the development of a new hotel, should not be endorsed. 4. Staff, including Police, Licensing, Social Planning, and Central Area Planning, as well as the LCLB, will monitor the impacts of licensed establishments on Theatre Row and elsewhere in Downtown South and report back by December 1998 on the effectiveness of the approved measures for dealing with problem licensed premises, and whether further policy changes are required. D. THAT all applications for new licensed seats in the 700 to 1300 Blocks of Granville Street, including Theatre Row, be referred to the Chief of Police, General Manager of Engineering Services, Chief License Inspector and Director of Central Area Planning to ensure that on an ongoing basis licensed establishments: 1. meet the location requirements of the Policing Strategy [see recommendation B]; 2. provide a business plan demonstrating financial viability and sound management experience related to a liquor licensed establishment; 3. minimize noise and line-up impacts; 4. install non-breakable glass for ground floor storefronts; and, if chosen, retractable non-solid grilles; 5. provide active streetfront daytime retail or services on Granville for the interest and enjoyment of pedestrians; 6. operate video cameras to provide surveillance of adjacent sidewalks and lanes; 7. provide adequate lighting in the lanes; 8. provide only servicing and emergency access to and from the lanes; and 9. work with staff, local merchants and property owners to improve the cleanliness and reduce the amount of graffiti and litter on the street, lanes and adjacent properties. E. THAT applications for Class 'A', 'C', or 'D' seats on Theatre Row that meet the requirements outlined in Recommendation 'D' above be evaluated according to the following criteria: 1. reducing the number of licensed seats in the residential areas of Downtown South; 2. contributing to the retention or provision of low-income housing; 3. helping preserve a heritage building; 4. resulting in the development of a new building, designed to enhance Theatre Row's historic character; 5. adding to the variety of entertainment opportunities needed to ensure the success and vitality of Theatre Row as an entertainment district; 6. creating employment and training opportunities for low- income residents of the downtown; 7. providing other significant public benefit; and 8. maximizing distance from other class 'A', 'C' or 'D' licensed establishments. F. THAT the following incentives be offered, if requested by applicants, to help attract applications to Theatre Row, especially those which would relocate existing seats from the residential areas of Downtown South: 1. using the response to a neighbourhood notification as an alternative to formal polling in order to determine public support; 2. relaxing the distancing requirement to permit one or more neighbourhood pubs; 3. allowing pay-in-lieu parking; 4. minimizing the number of people exiting out onto the street at the same time, on a trial basis, by extending the closing time of cabarets to 3:00 a.m., with no alcoholic beverages sold after 2:00 a.m.; and 5. considering other proposals which result in a net public benefit for the community. G. THAT Council not endorse any applications in the Theatre Row Entertainment District for new Class 'A', 'C', or 'D' licensed establishments, or for extensions of hours of operation and/or expansion of seating capacity for existing licensed establishments, until the Directors of Central Area Planning and Legal Services, in consultation with the Liquor Control and Licensing Branch and the Chief License Inspector and Chief of Police, report back on the legal implications, costs and fees for issuing such establishments temporary development permits, subject to performance standards to minimize neighbourhood impacts; FURTHER THAT the report on temporary development permits come forward at the same time as the report from staff on new liquor license proposals for Theatre Row. [see Recommendation C.2] H. THAT the Director of Planning, in consultation with the Director of Legal Services, report back on amendments to the Downtown Official Development Plan to help establish the 1100 to 1300 Blocks of Granville Street as a local shopping area for the surrounding residential community and to help establish the 1000 Block of Granville Street as a transition area with some entertainment and some local shopping by: 1. deleting neighbourhood pubs and cabarets as permitted uses; 2. limiting the number of Class A (pub plus lounge) seats to a maximum of 125 endorsed for each new hotel; 3. deleting Class 2 restaurants (which require food be served with alcoholic beverages, and can provide live entertainment and dancing) as a permitted use on the 1100 to 1300 Blocks of Granville Street; and 4. permitting Class 2 restaurants on the 1000 Block of Granville Street. I. THAT staff continue to work with Theatre Row business people, Barwatch and other groups in the area to revitalize Granville Street, monitor the balance of entertainment and shopping requirements of the community, and report back if policy changes are needed, including the possible need for additional services for low-income residents. J. THAT Council give favourable consideration to endorsing applications for extensions of hours of operation or increased seating capacities in existing licensed establishments throughout the City, subject to neighbourhood consultation and legal agreements that deal with neighbourhood impacts and secure the affordability and upgrading of low-income housing, or which provide other significant public benefits. K. THAT staff continue to work with the LCLB to better coordinate enforcement efforts concerning problem premises and to share information related to applications for liquor licenses. - CARRIED UNANIMOUSLY The following motion by Councillor Price was put and carried. Therefore, the Committee RECOMMENDED L. THAT the Chief of Police, in consultation with the Director of Finance and the General Manager of Community Services, report back on the timing, costs, sources of revenue and mechanisms for collection required for the policing needed to deal with the impacts of licensed establishments in this area. - CARRIED UNANIMOUSLY The following motion by the Mayor was put and carried. Therefore, the Committee RECOMMENDED M. THAT the two formal applications received for 65-seat Class D (Neighbourhood Pub) Licenses in the 900 Block Granville be referred to the Vancouver Liquor Licensing Commission for consideration at its July 1997 Meeting. The following motion was put by Councillor Puil (in amendment) and lost: THAT references to Block 700 of Granville Street be struck from Recommendations A and B of the Policy Report. - LOST (Councillors Bellamy, Chiavario, Herbert, Daniel Lee, Don Lee, Price, Sullivan and the Mayor opposed) The Committee adjourned at 12:05 p.m. * * * * *