POLICY REPORT

URBAN STRUCTURE

Date: January 28, 1998

Dept. File No. RJJ

CC File No. 2610

TO:	Vancouver City Council
FROM:	Director of Central Area Planning, in consultation with the Director of Legal Services
SUBJECT:	Report Back on Mechanisms to Inform Nearby Residents about Noise Impacts for Theatre Row Entertainment District

RECOMMENDATION

A.THAT Council require as a policy that a condition be imposed on all development permits for new developments containing residential use in the area bounded by Richards, Dunsmuir, Hornby, and Helmcken Streets, to permanently display a plaque notifying residents of the noise generating nature of the District, with the design, wording, and type of plaque to be approved by the Director of Planning.

B.THAT Council require as a policy that a condition be imposed on all development permits for all new developments containing residential use in the area bounded by Richards, Dunsmuir, Hornby, and Helmcken Streets, to include information in the Disclosure Statement filed with the Superintendent of Real Estate about the location of the Entertainment District and the potential for noise impacts; and

FURTHER THAT the Real Estate Board of Greater Vancouver be requested to have its members warn subsequent owners about the noise impacts.

C.THAT Council require by by-law that a condition be imposed on all development permits for all new developments containing residential use in the area bounded by Richards, Dunsmuir, Hornby, and Helmcken Streets, to provide noise mitigation measures to be incorporated into the design and construction of proposed buildings, as well as alternative ventilation and air conditioning as necessary and as recommended by appropriate consultants.

D.THAT the Director of Central Area Planning, on behalf of Land Use and Development be instructed to make application to amend the Downtown District Official Development Plan generally in accordance with Appendix A.

GENERAL MANAGER'S COMMENTS

The General Manager of Community Services RECOMMENDS approval of A, B, C and D.

COUNCIL POLICY

On July 11, 1996, City Council, as part of a package of policies regarding liquor licensing in the downtown, resolved the following:

·THAT the Director of Central Area Planning, in consultation with the Director of Legal Services and the Real Estate Board of Greater Vancouver, report back on mechanisms to inform people interested in purchasing or residing on sites adjacent to Theatre Row that the area is near an Entertainment District and they can expect some increased noise and other impacts.

·THAT the Director of Land Use and Development ensure any housing developed immediately adjacent to Theatre Row is designed to minimize noise and other impacts of licensed entertainment uses.

On April 24, 1997, at a Public Hearing considering zoning changes for the blocks on the east side of Howe Street, between Robson and Nelson Streets, Council resolved to approve the proposed rezoning subject to a report back on covenants being placed on residential properties on these blocks advising owners that the area is near an Entertainment District and they can expect noise impacts.

On July 19, 1997, Council designated Theatre Row (700 to 900 block of Granville) as an Entertainment District.

SUMMARY AND PURPOSE

The purpose of this report is to recommend to Council that the preferred mechanisms for notifying owners and residents of residential properties in the vicinity of the Theatre Row Entertainment District be adopted. It also recommends mechanisms for mitigating noise impacts on the residential properties.

Increasing noise impacts from Granville Street businesses on nearby residential developments has resulted in a Council direction to report back on methods for dealing with this issue. Several potential methods are discussed including: (1) information plaques, (2) disclosure statement notification, (3) noise mitigation measures, (4) noise covenants, (5) noise easements, and (6) time-limited development permits for potential noise generators. Staff feel that the first three are viable and should be undertaken. Noise covenants and easements are not viable, but time-limited development permits are viable and are part of the Theatre Row Liquor Licensing policies adopted by Council this fall.

BACKGROUND

As part of Council’s initiative to establish an Entertainment District, staff were directed to report back with mechanisms for notifying potential owners and residents of housing adjacent to Theatre Row (covering the 700 to 900 blocks of Granville Street) that there may be noise impacts from nearby entertainment venues. The intent of the mechanism would be:

-forewarning future residents of the location and expected noise generated by the Entertainment District; and

-ensuring the viability of the Entertainment District by minimizing conflict between residents and the activities related to the Entertainment District by requiring noise studies and mitigation measures as part of residential development projects.

Council has approved an Entertainment District for the Granville Street blocks between West Georgia and Nelson Streets. Housing is permitted on the four blocks immediately adjacent to this district, on the east side of Howe Street and on the west side of Seymour Street between Robson and Nelson Streets. Figure 1 illustrates these areas.

At a Public Hearing on April 24, 1997, Council gave preliminary approval to new zoning on Howe Street properties between Robson and Nelson Streets. The new zoning continues to permit housing at a density of 3.0 FSR, similar to the existing zoning. Prior to enacting the zoning, Council requested a report back on mechanisms to notify future residents and property owners about potential noise impacts.

As a condition of approval of a development application approved in March, 1997 for the residential building at 933 Seymour ("The Spot"), the developer was required to submit an acoustical report assessing potential noise impacts from the Entertainment District and recommending noise mitigation measures, as well as an HVAC consultants report on providing alternative ventilation and air conditioning to reduce the need for opening windows.

FIGURE 1 - ENTERTAINMENT DISTRICT AND SURROUNDING AREA

DISCUSSION

Staff have identified the following mechanisms for advising future residents of potential noise impacts from the Entertainment District.

Information Plaque

The City could require as a condition on a development permit, that all residential buildings which could be expected to receive noise impacts be required to display a plaque on the building notifying occupants of the situation. This could be a permanent plaque with the wording, design, and type approved by the Director of Planning. If the plaque was displayed at the entrance of the buildings, it could be expected that all occupants, whether renters, owners, first-time buyers or future buyers, would be fairly notified of the situation in the surrounding district. Staff are in favour of this type of notification in that it is simple and effective.

Information in the Disclosure Statement

The City could also require, as a condition on a development permit, that developers ofhousing in the Entertainment District include information in the Disclosure Statement about the location of the Entertainment District and the potential for noise impacts. This could be done in conjunction with the Real Estate Board with all members encouraged to notify prospective purchasers of this situation in the Disclosure Statement. This mechanism is relatively simple however, the Law Department notes that it will only warn first-time purchasers of new residential properties and not future purchasers. Subsequent purchasers could be warned through co-operation with the Real Estate Board and the Disclosure Statements required through that body. Discussions with the Real Estate Board have indicated a willingness to disclose this information, especially given the fact that upon Council approval of Recommendation D, the Entertainment District information will become part of the Downtown District ODP. Although this will address sales by Real Estate Board members, it will not address sales by non-members or private sales.

Noise Mitigation Measures

The City could require, as a condition on a development permit, noise mitigation measures incorporated into the design and construction of proposed buildings, as well as alternative ventilation and air conditioning as necessary and recommended by an acoustic engineer. Fully openable windows would still be provided, as required by the Building By-law, but the need for opening them for ventilation purposes can be reduced. This has already been required in some buildings in Downtown South and experience to date suggests that it is an effective way of preventing noise problems.

Noise Covenants

This mechanism would involve the City requiring, as a condition on a development permit, that a covenant be placed on the title of residential properties advising that the property is in an Entertainment District and that there may be noise impacts.

The Law Department does not believe that this will be an effective mechanism because the only form of covenant that is registerable under the Land Title Act would be an easement to accept noise amounting to a legal nuisance. A developer cannot be required to accept a legal nuisance from neighbouring properties as a condition of development. It would also probably not apply to nuisance premises that do not exist at the present time. It is also problematic to define future unknown noise levels and sources.

By placing covenants on properties, the City is establishing a precedent in warning purchasers of nuisances and other disturbing activity. This may encourage potential purchasers in other parts of the City to assume that there will be no similar disturbances unless the City forewarns them.

Noise Easement

The City could require a development to secure a noise easement associated with particular sites, such as nightclubs, and grant owners and occupants the full freedom between specified hours to cause any specified nuisance on the subject sites. This mechanism has been applied as a condition of approval for a CD-1 rezoning for two artist live/work studio developments at Gore and Alexander Streets, adjacent to industrial sites and the Port. It could be feasible in a rezoning situation in the Theatre Row Entertainment District, but it is not likely that rezonings will be applied for in this area any time soon. However, this mechanism is not feasible as a condition on a development permit due to the fact that it would in effect require existing properties developed under a current zoning to accept a legal nuisance from neighbouring properties. It also would raise the same problems as noise covenants in terms of enforcement and precedent.

Time-Limited Development Permits

The Law Department advised that where the noise is generated by machinery and can be readily predicted, such as industrial sites and the Port, noise easements may be useful. However, where noise is generated by individual patrons and different kinds of musicians, the levels are difficult to predict. In these situations, it may be better to issue time-limited permits for entertainment uses. On December 11, 1997, Council approved as part of the Theatre Row Liquor Licensing recommendations, the use of time-limited development permits as outlined in Appendix A of the December 3, 1997 Administrative Report.

CONCLUSION

Staff recommend that Council require by policy or by-law, as a condition on a development permit within the Theatre Row Entertainment District defined in Figure 1:

-notification plaques prominently displayed on buildings;

-information in a Disclosure Statement about the nature of the area;

-noise mitigation measures, as well as alternative ventilation systems, as required; and

- issuance of time-limited development permits for potential noise generators.

Staff will work with the Real Estate Board to have its members warn subsequent purchasers about potential noise impacts upon adoption of Recommendations A through D.

* * * * *

APPENDIX A

Amendment to Downtown District Official Development Plan

SECTION 7

Entertainment District Noise Requirements

The purpose of this section is to enhance the general amenity of the Theatre Row Entertainment District by requiring mechanisms for mitigating noise impacts on residential properties. Property owners should enhance these requirements by notifying residents of the potential for noise impact by installing permanent signs (of a type and with design and wording to be approved by the Director of Planning) and including information about the potential for noise impact with Disclosure Statements filed with the Superintendent of Real Estate.

1.All new developments containing residential use located within the area indicated by the heavy black line on Map 6 shall, as a condition of the issuance of a development permit, provide:

(a)noise mitigation measures to be incorporated into the design and construction of the buildings, and

(b)alternative ventilation and air conditioning to be provided as recommended by appropriate consultants.

* * * * *

(c) 1997 City of Vancouver