CITY OF VANCOUVER
CITY CLERK'S OFFICE

M E M O R A N D U M

DATE: November 1, 1999 FILE: 1401-15

TO: Vancouver City Council

FROM: Tarja Tuominen, Administrative Assistant to Council Committees

SUBJECT: Text Amendment: 3624 Fraser Street

Council, on October 19, 1999, concluded the Public Hearing for a Text Amendment to 3624 Fraser Street. However, Council deferred its decision on the application to its regular meeting on November 2, 1999 and requested staff to provide additional information on the status of: (a) the liquor license; and (b) the condition of the zoning, regarding the rental policy, permitted uses, etc.

The attached memo, dated October 29, 1999, from Director of Current Planning, refers.

Minutes 4 refer.

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Att.

M E M O R A N D U M October 29, 1999
TO:	Mayor Owen and Councillors
COPY TO:	J. Rogers, City Manager U. Watkiss, City Clerk G. Johnsen, Legal Services
FROM:	L. Beasley, Director of Current Planning
SUBJECT:	3624 Fraser Street - CD-1 Text Amendment

At the Public Hearing on October 19, 1999 City Council requested additional information from staff on the liquor license, permitted and proposed uses and rental restrictions at this location. In addition, staff recommend an additional condition of approval as outlined below.

1. Liquor License for Club

Staff from the Liquor Control and Licensing Branch confirm that the liquor license for the Royal Canadian Legion at this location was canceled on October 26, 1998. They also advise that this type of license cannot be transferred to another group and therefore anyone else wishing to obtain a license would be required to apply anew and go through the normal process.

2. Uses

The CD-1 By-law currently permits the following uses:
- Multiple Dwelling;
- Club, except that no portion of the facility shall be used for rental purposes; and
- Accessory uses customarily ancillary to the above uses.

The ground-floor portion of the existing building effected by this CD-1 text amendment application has been vacant for over a year and was previously occupied by the Royal Canadian Legion which was approvable under the Club use. Club use is generally defined as use by non-profit groups to promote a common object and is operated for club members and their guests. Some examples of other possible occupants under the club use would be cultural associations, and dance or music societies. Accessory uses could include parking or an office for the club.

This CD-1 text amendment application proposes to add the following uses:
- Church, except that no portion of the facility shall be used for rental purposes;
- Community Centre;
- Library in conjunction with Community Centre; and
- Public Authority Use.

The applicants are proposing to use the space formerly occupied by the Legion as a Church which would allow use of the premises for religious worship. The other uses, conditionally permitted within the adjacent RS-1S and RT-2 zoning districts, are also included so a wider range of uses with similar levels of intensity could occupy the space should the strata lot become vacant again - without the need for further text amendments.

Community Centre use could provide a range of local community activities such as exercise or meeting rooms and could include a component of library service. Public Authority use would typically provide operational space for BC Hydro or BC Telephone.

3. Rental Policy

The Club use currently permitted in the CD-1 for this site includes a provision that the space not be used for rental purposes. The same restriction is included for the proposed church use.

4. Conditions of Approval

At the Public Hearing staff circulated a yellow memo advising Council that subsequent to this item being referred to Public Hearing the applicants proceeded to address the proposed conditions of approval as contained in Appendix B of the report to Council and changes to the conditions were brought forward for Council’s consideration at Public Hearing.

Since the Hearing was concluded Legal Services staff have determined that an additional condition of approval requiring compliance with Section 571(B) of the Vancouver Charter with respect to compliance with the Waste Management Act should also be added (listed as item (iii) below).

Therefore, I RECOMMEND the following (incorporating the changes outlined in the yellow memo, and with the addition of the new condition shown in italics):

PROPOSED CONDITIONS OF APPROVAL FOR 3624 FRASER STREET

(a) THAT prior to enactment of the amending by-law, the registered owner shall:

(i) clarify to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services all charges shown on title (a charge summary should be provided);
(ii) provide evidence in the form of a report and recommendations prepared by a person trained in acoustics and current techniques of noise measuring that assesses potential noise impacts on theresidential units in the building and adjacent neighbours and proposes mitigation measures as required for development applications involving change of use. The report and mitigation measures will be to the satisfaction of the Medical Health Officer; and
(iii) as required by the City’s Director of Legal Services, do all things and/or enter into such agreements deemed necessary to fulfill the requirements of Section 571(B) of the Vancouver Charter.

Larry Beasley

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(c) 1998 City of Vancouver