REPORT TO COUNCIL

STANDING COMMITTEE OF COUNCIL
ON PLANNING AND ENVIRONMENT

JULY 27, 2000

A Regular Meeting of the Standing Committee of Council on Planning and Environment was held on Thursday, July 27, 2000, at 2:00 p.m., in the Council Chamber, Third Floor, City Hall.

*Denotes presence for a portion of the meeting.

ADOPTION OF MINUTES

The Minutes of the Standing Committee on Planning and Environment meetings of July 6 and 13, 2000, were adopted.

VARY AGENDA

The Committee agreed to vary the agenda in order to deal with Item Number 8 first. For clarity, the items are minuted chronologically.

RECOMMENDATION

8. Proposed Column and Pilaster Encroachments from the Eatons,

Pacific Centre Store, onto Granville Street and the Pedestrian
Right of Way on Robson and Howe Streets File: 5807

The Committee had before it an Administrative Report, dated July 10, 2000, in which the General Manager of Engineering Services and the Director of Current Planning, sought Council's advice as to the extent of encroachment onto the sidewalks around the old Eatons store at Pacific Centre that should be allowed in order to assist the architects in improving the appearance of this building by renovating it prior to its re-opening as an Eatons Store.

Dave Rudberg, General Manager, Engineering Services, reviewed the Administrative Report and responded to questions. Ralph Segal, Senior Planner, and Mike Thompson, Assistant City Surveyor, were also available to respond to questions.

Barbara Tully, Brook Development Planning Inc., and Jeremy Wolf, Abbarch Partnership, Architects, provided technical information and responded to questions. They emphasized the need for unusual architectural treatment of this site due to its location and pedestrian orientation.

The following motion by Councillor Puil was put and carried. The Committee, therefore,

RECOMMENDED

THAT Council advise the General Manager of Engineering Services that they support the applicants request for encroachments of up to 18 inches into Granville Street and the pedestrian right of way on Robson and Howe Streets, subject to an agreement under the provisions of the Encroachment By-law and an amendment to the existing pedestrian right of way.

- CARRIED

(Councillors Bass, Louis and McCormick opposed)

1. Nuisance Property at 7060 Quebec Street File: 2701-1

The Committee had before it an Administrative Report, dated June 29, 2000, in which the City Building Inspector recommended filing a 336D Notice against the Certificate of Title to the property at 7060 Quebec Street to warn prospective purchasers of violations of the Standards of Maintenance and Untidy Premises By-laws related to this building. It is also recommended that the owner be ordered to clean up the property within 30 days and should this not occur, the Director of Legal Services be authorized, in her discretion, to commence legal action to ensure compliance. The General Manager of Community Services recommended approval of the recommendations.

Peter Sweeney, Manager, Building Inspections Branch, with the aid of overheads, provided an overview of the Administrative Report and responded to questions.

The following motion by Councillor Louis was put and carried. The Committee, therefore,

RECOMMENDED

A. THAT Council declare that the condition of the property at 7060 Quebec Street, Lot C, Block 3, Plan 8469, District Lot 655 W Hlf, PID 010-057-293 is a nuisance pursuant to Section 324A of the Vancouver Charter.

B. THAT Council approve the Resolution attached to the Administrative Report dated June 29, 2000, and order the Registered owner of the property to remove the debris, miscellaneous items, used building materials, dismantled vehicles, furniture and bicycles within 30 days of a copy of the resolution being served pursuant to Section 324A of the Vancouver Charter.

C. THAT in the event of the failure of the owner to comply with the order of Council, Council further orders and hereby authorizes the City Building Inspector to have the work noted in Recommendation B above, carried out at the expense of the owner.

D. THAT in the event that the owner fails to allow the City Building Inspector and/or his designate access to the site to carry out the work as outlined in Recommendation C above, the Director of Legal Services is hereby authorized, in her discretion, to commence a legal action or proceeding in relation to the premises located at 7060 Quebec Street and may, in her discretion, seek injunctive relief in that action or proceeding, in order to bring this site into compliance with City By-laws.

E. THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the property at 7060 Quebec Street in order to warn prospective purchasers that as a result of Council’s Resolution, the purchaser could suffer significant expense if the order of Council were enforced against him

- CARRIED UNANIMOUSLY

(Councillors Bass and Puil not present for the vote)

2. Proposed Lease of a Portion of Cornett Road,

East of Skeena Street File: 5104

The Committee had before it an Administrative Report, dated June 22, 2000, in which the General Manager of Engineering Services, in consultation with the Director of City Plans, Director of Real Estate Services, and Director of Legal Services, sought Council authority to close, stop-up and lease to Vancouver Film Studios (“VFS”) a portion of Cornett Road, east of Skeena Street, to allow for the 'film campus' to be secured, and to establish a source of funds to support Still Creek/Greenway enhancement work.

Mike Thomson, Assistant City Surveyor, reviewed the Administrative Report and responded to questions.

David McLean, McLean Group, was available to respond to questions.

The following motion by Councillor Louis was put and carried. The Committee, therefore,

RECOMMENDED

A. THAT Council close, stop-up and lease to Vancouver Film Studios ("VFS") that portion of Cornett Road east of Skeena Street, (64,910 square feet) shown hatched on the plan attached as Appendix "A" to the Administrative Report dated June 22, 2000, subject to the following conditions:

1. The term of the lease to be five (5) years, with three (3) years certain, with the lease to contain a one (1) year notice of cancellation (exercisable by Council after year two) should the lease area be required for any municipal purpose;

2. The rental for the first three (3) years of the lease to be $78,962.00 per annum inclusive of all real property taxes, plus GST and PST if applicable. Rent in the fourth year and each subsequent year shall be adjusted by the annual percentage change in the Consumer Price Index (all items ). In no event shall the rent for any year of the Term be less than the preceding year;

3. The lease to contain two (2) options for additional five (5) year terms, subject to a one (1) year cancellation provision (exercisable by Council at any time during each renewal term);

4. The lease area to be used to provide security to the "film campus", and for access, parking and loading only, plus incidental uses related to the film studio;

5. There are to be no buildings or structures on the lease area, except a gate (staffed at all times) and a non-permanent gate house across Cornett Road at Skeena Street, such gate to be designed, built and operated to the satisfaction of the City Engineer;

6. The lessee is to maintain the lease area, including responsibility for drainage and snow removal, in a manner satisfactory to the City Engineer;

7. Upon expiry or termination of the lease, the lessee is to be responsible for restoration of the lease area to the satisfaction of the City Engineer;

8. The City, public utility companies, the GVRD, and all emergency response agencies are to have the right of entry, at any time, to the lease area for the purpose of installing, maintaining, and repairing public utilities, and providing emergency response services;

9. The lessee to assume full responsibility for liabilities, loss and damages from their occupancy or use of the lease area, and to insure the proposed lease area with a comprehensive general liability and property damage insurance policy to the satisfaction of the Director of Real Estate Services and the Director of Risk Management;

10. The lease to contain covenants from VFS that they are the occupants of all land that abuts the portion of Cornett Road to be leased, and any other covenants required by the Director of Legal Services so as to satisfy Sections 289A and 291A of the Vancouver Charter;

11. The lessee to be responsible for construction of a public viewing area, of Still Creek, at the intersection of Cornett Road and Skeena Street, and for enhancement of Still Creek along the length of Cornett Road to be leased to the satisfaction of the Director of City Plans and the City Engineer within twenty-four (24) months of the lease being executed;

12. The lease agreement to be to the satisfaction of the Director of Legal Services, the Director of Real Estate Services, and the City Engineer and may contain other terms and conditions to the satisfaction of the Director of Legal Services, Director of Real Estate Services, and the City Engineer.

B. THAT no legal rights shall arise and no consents, permissions, leases or licenses are granted hereby and none shall arise or be granted hereafter unless and until all contemplated legal documentation has been executed and delivered by all parties.

C. THAT Council authorize the Director of Finance to hold the annual income from the lease in a Still Creek/Greenway Enhancement Reserve to be used for future initiatives toward achieving Council objectives to protect, enhance and daylight Still Creek, including acquisition of properties in fee simple or rights-of-way, and other protection and enhancement initiatives in the Grandview Boundary area in order to create a continuous pedestrian/bicycle pathway linking Burnaby Lake to False Creek and the BC Parkway at 29th Avenue.

D. THAT once the form of all legal documentation has been approved by the City Engineer, Director of Legal Services and the Director of Real Estate Services that the Director of Legal Services be authorized to execute and deliver such documentation on behalf of the City.

- CARRIED UNANIMOUSLY

(Councillor Puil not present for the vote)

3. Policy for Conditional use Applications in the Dunbar and

Kensington - Cedar Cottage Vision Shopping Areas File: 5340

The Committee had before it a Policy Report dated June 29, 2000, in which the Director of City Plans recommended Council approve an amendment to the Kensington -Cedar Cottage and Dunbar Community Vision land use policies, clarifying how conditional use development applications will be treated in the key shopping areas in the communities' C zones. The General Manager of Community Services recommended approval of the recommendation.

Michael White, Planner, Community Plans, reviewed the Policy Report and responded to questions.

Anne Roberts, Kensington Cedar Cottage CityPlan Committee, spoke in support of the recommendation.

The following motion by Councillor Sullivan was put and carried. The Committee, therefore,

RECOMMENDED

THAT Council approve an amendment to the Kensington - Cedar Cottage and Dunbar Community Vision land use policies (Item 3 in Appendices A and B attached to the Policy Report dated June 29, 2000) to clarify that development applications for certain conditional uses in the identified key shopping areas in the communities’ C zones which do not support Vision Directions for active pedestrian-friendly street frontages, may not be supported.

- CARRIED UNANIMOUSLY

(Councillor Puil not present for the vote)

4. 1029 Granville Street - 6K Investments Ltd.

Royal Hotel (1025 Granville Street)
Change in Hours of Operation in Class 'A' Pub File: 2612-12

The Committee had before it an Administrative Report, dated June 30, 2000, in which the Chief License Inspector submitted for consideration a request by 6 K Investments Ltd. for a change in the hours of operation to 11:00 a.m. until 1:00 a.m. Monday to Saturday and 11:00 a.m. until 12:00 midnight on Sunday in the Class 'A' Pub at the Royal Hotel, 1025 Granville Street.

Guy Gusdal, License Coordinator, reviewed the Administrative Report and responded to questions.

Dennis Coates, on behalf of the applicant, and Angus Praught, the applicant, responded to questions noting that an increase in hours could be economically beneficial to the applicant, that the applicant is willing to comply with any changes in seating capacity regulations, and that the applicant is a member of BarWatch.

Gillan Jackson spoke in support of the application noting that the applicant is a good corporate citizen.

The following motion by Councillor Price was put and carried. The Committee, therefore,

RECOMMENDED

THAT Council endorse the request by 6 K Investments Ltd., for a change in hours of operation to 11:00 a.m. until 1:00 a.m. Monday to Saturday and 11:00 a.m. until 12:00 midnight on Sunday in the Class ‘A’ Pub at the Royal Hotel, 1029 Granville Street, having considered the support of the majority of the residents and business operators of the community as determined by neighbourhood notification and subject to:

i) A Legal Agreement containing the following provisions:

a. The roll back of closing hours if problems result from the extended operating hours or if the operator fails to comply with any regulations and/or the intent of the regulations applicable to this business, and

b. holding the seating capacity to current numbers, regardless of any changes to the seating capacity regulations as a result of the provincial liquor license review.

ii) The signing of a Good Neighbour Agreement

- CARRIED

(Councillor Louis opposed)
(Councillor Puil not present for the vote)

5. 1180 (1176 Granville Street) - Howard Johnson Hotel

Change in Hours of Operation in the Class 'A' Pub File: 2612-13

The Chair advised that City Clerk's Office received a letter dated July 26, 2000 (on file) in which the applicant, Westberg Investments Inc., requested postponement of this item due a change in circumstances within the hotel.

The following motion by Councillor McCormick was put and carried. The Committee, therefore,

RECOMMENDED

THAT Council accept the request by Westberg Holdings Inc., to postpone this issue to the Standing Committee on Planning and Environment meeting scheduled for September 14, 2000.

- CARRIED UNANIMOUSLY

(Councillor Puil not present for the vote)

6. 1167 Davie Street - Application for Class 'D'

Neighbourhood Pub - Doll and Penny's Cafe Ltd. File: 2615-20

The Committee had before it an Administrative Report, dated June 30, 2000, in which the Chief License Inspector recommended Council endorse the application by Doll and Penny's Cafe Ltd. for a 65-seat with 20-seat patio Class 'D' Neighbourhood Pub at 1167 Davie Street, subject to a number of conditions. The General Manager of Community Services recommended approval of the recommendation.

Guy Gusdal, Licensing Coordinator, provided an overview of the Administrative Report.

The following delegations spoke in favour of the recommendation and their comments are summarized below:

… Bert Hick, Hick and Associates (Agent for the applicant)
… Steve Bauer, Doll and Penny's
… Gillan Jackson, Central Presbyterian Church
… Douglas Gault
… Audrey Coallier
… Rick Hurlbut, ITT Travel Clinic
… Sydney Malcolm
… if application is approved, noise levels will be reduced due to reduced hours of operation;
… applicants are looking at ways of insetting proposed patio with a false wall to reduce noise;
… Doll and Penny's have always displayed a high level of support to the community;
… Doll and Penny's adds to the ambience of Davie Street and thus helps to boost and provide a focal point for the gay tourist market, which generates revenue into the economy;
… viable businesses such as Doll and Penny's result in increased street traffic which generates business for other proprietors in the area.

Jud Delain, area resident, advised that while he was supportive of small, quiet neighbourhood pubs, he had some concern with the current operation of Doll and Penny's restaurant, especially with regard to excessive noise.

The following motion by Councillor McCormick was put and carried. The Committee, therefore,

RECOMMENDED

THAT Council, having considered that the majority of area residents and business operators of the community are in favour of the application as determined by neighbourhood notification and public meeting and having considered the proximity of residential developments, traffic patterns, road access, availability of parking, noise impacts and the overall design, endorse the application by Doll and Penny’s CafÈ Ltd., for a 65-seat with 20-seat patio Class ‘D’ Neighbourhood Pub at 1167 Davie Street, subject to:

i) A Time-Limited Development Permit.

ii) A signed Operating Agreement for a new establishment which will include a provision to hold the seating capacity to current numbers, regardless of any changes to the seating capacity regulations as a result of the Provincial Liquor License Regulations review.

iii) The signing of a Good Neighbour Agreement prior to the issuance of a Business License.

iv) Hours of operation limited to 10:00 a.m. to 12:00 midnight Sunday to Thursday and 11:00 a.m. to 1:00 a.m. Friday and Saturday.

v) The patio closing at 11:00 p.m.

- CARRIED UNANIMOUSLY

(Councillor Puil not present for the vote)

7. Relocation of Casino-Class 1 - 26 S.W. Marine Drive

Grand Casino Equipment & Management Ltd. File: 2633-1

The Committee had before it an Administrative Report, dated June 14, 2000, in which the Chief License Inspector, in consultation with the Directors of Planning and Social Planning, recommended Council endorse the request by Grand Casino Equipment & Management Ltd. to relocate its Casino-Class 1 to a new building to be constructed on a rear portion of the property at 26 S.W. Marine Drive, subject to an agreement that the casino currently operating at 725 S.E. Marine Drive be permanently closed. The General Manager of Community Services recommended approval of the recommendation.

The Chair noted there were many people wishing to speak to Council on this item and requested speakers limit their comments to the subject matter at hand, i.e. the proposed relocation of an existing casino.

Paul Teichroeb, Chief License Inspector, provided an overview of the Administrative Report. He reviewed the correspondence received to date on this matter and some of the concerns expressed by residents of the area. He also noted the applicant had provided copies of an opinion survey, carried out by Viewpoints Research, and a traffic and parking study completed by N.D. Lea.

Mr. Teichroeb, Mario Lee, Social Planner, and Jeff Brooks, Director of Social Planning, responded to questions on the number of gaming tables, wheelchair accessibility, and concerns expressed by residents on the notification process. It was noted Council has control over whether to permit any new gaming in the City, and this proposal did not involve an expansion in gaming facilities.

The following motion by Councillor Don Lee was put and carried. The Committee, therefore,

RECOMMENDED

A. THAT all registered delegations wishing to speak to Council regarding the Administrative Report dated June 14, 2000, on the proposed relocation of Casino-Class 1 (26 S.W. Marine Drive) be given five minutes to speak; and

FURTHER THAT, due to time constraints, this meeting be continued on Wednesday, September 27, 2000, at 7:30 p.m. and any remaining delegations be heard at that time.

- CARRIED UNANIMOUSLY

(Councillor Puil not present for the vote)

Council members expressed the opinion that people not able to attend today should be given adequate opportunity to sign up to speak at the September 27th meeting.

The following motion by Councillor McCormick was put and carried. The Committee, therefore,

RECOMMENDED

B. THAT any additional delegations wishing to speak be given the opportunity to register with the City Clerk's Office until 5:00 p.m., Friday, July 28, 2000.

- CARRIED

(Councillor Kennedy, Price, Sullivan and the Mayor opposed)
(Councillor Puil not present for the vote)

George Cadman, QC, Boughton Peterson Yang Anderson, representing the applicant, with the aid of display boards, reviewed the application for relocation of the casino. He noted the proposed relocation will provide the casino with adequate space to house all of its staff facilities under one roof, as opposed to the current situation whereby these facilities are in various locations around the lower mainland. The new location will also resolve problems concerning parking and traffic associated with the current location. He emphasized that this proposal does not involve an expansion of gaming facilities, nor is it a move into a residentialarea, noting the site is well removed from and buffered by the Marine Drive corridor.

Colin Campbell, Canadian Foundation on Problem Gambling, advised his organization was committed to providing leadership in the development of responsible gaming policies. He noted that to date any attempts to determine the costs of problem gambling have been speculative and there was no accepted methodology for assessing the negative social impacts of gambling.

The following speakers expressed their opposition to the relocation of the Grand Casino and their comments are summarized below:

… Isabel Minty, Citizens Against Gambling Expansion
… Sukhwant Dhillon
… Romeo Quinter
… Louise Seto (brief and petition filed)
… Craig Bryant
… Professor Robert Clarke
… Christina Sahota
… Bill Chu
… Paul Hermann
… Bernadette Yen

… Council's reasons for refusing the relocation application two years ago are still valid today;
… this application is being used as a stepping stone to a future application for expansion of gaming tables;
… casino at this location will add to traffic chaos and reduce the availability of neighbourhood parking;
… a casino at this location will be incompatible with a proposed rezoning of this portion of Marine Drive, as part of the Sunset visioning process, to provide a highway-oriented retail (HOR) area;
… several schools in the area of proposed location were not notified, nor was the School Board notified; proposed relocation will cause increased traffic adjacent Sexsmith School;
… any security measures at proposed location will not benefit residential area to the north;
… larger facilities will position owner to install slot machines if law is changed in the future;
… presence of a casino will increase crime in the neighbourhood, cause property values to go down, and impact negatively on the Ontario bikeway;
… nature of casinos is to addict people to gambling - Alberta, which approved gamingbefore BC, has a higher percentage of pathological gamblers;
… of the five Class 1 casinos in Vancouver, Grand Casino is the only one located near a neighbourhood zoned for single-family housing.

9.    Amendment to the Transfer of Density Policy                         File: 5301

    This item was withdrawn from the agenda.

The Committee recessed at 6:00 p.m. and will reconvene on
Wednesday, September 27, 2000, at 7:30 p.m. to hear remaining speakers on Item No. 7

* * * * *

CITY OF VANCOUVER

REGULAR COUNCIL MEETING MINUTES
STANDING COMMITTEE OF COUNCIL ON
PLANNING AND ENVIRONMENT

JULY 27, 2000

A Regular Meeting of the Council of the City of Vancouver was held on Thursday, July 27, 2000, at 6:00 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.

COMMITTEE OF THE WHOLE

MOVED by Cllr. Don Lee,
SECONDED by Cllr. McCormick,

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
July 27, 2000

Council considered the recommendations of the Committee, as contained in the following clauses of the attached report:

Cl.1: Nuisance Property at 7060 Quebec Street
Cl.2: Proposed Lease of a Portion of Cornett Road, East of Skeena Street
Cl.3: Policy for Conditional Use Applications in the Dunbar and Kensington-Cedar Cottage Vision Shopping Areas
Cl.4: 1029 Granville Street - 6K Investments Ltd.

Royal Hotel (1025 Granville Street)
Change in Hours of Operation in Class 'A' Pub

Cl.5: 1180 (1176 Granville Street) - Howard Johnson Hotel

Change in Hours of Operation in the Class 'A' Pub

Cl.6: 1167 Davie Street - Application for Class 'D' Neighbourhood Pub

Doll and Penny's Cafe Ltd.

Cl.7: Relocation of Casino - Class 1 - 26 S.W. Marine Drive

Grand Casino Equipment and Management Ltd.

Cl.8: Proposed Column and Pilaster Encroachments from the Eatons, Pacific Centre Store, onto Granville Street and the Pedestrian Right of Way on Robson and Howe Streets
Cl.9: Amendment to the Transfer of Density Policy

Clauses 1-3, 5 & 6

MOVED by Cllr. Kennedy,

THAT the recommendations of the Committee, as contained in Clauses 1-3, 5 and 6 of this report, be approved.

- CARRIED UNANIMOUSLY

Clause 4

MOVED by Cllr. Kennedy,

THAT the recommendations of the Committee, as contained in Clause 4 of this report, be approved.

- CARRIED

(Councillor Louis opposed)

Clause 7

MOVED by Cllr. Don Lee,

THAT the recommendations of the Committee, as contained in Clause 7 of this report, be approved.

- CARRIED

(Councillors Kennedy, Price, Sullivan and the Mayor opposed to Recommendation B)

Clause 8

MOVED by Cllr. Kennedy,

THAT the recommendations of the Committee, as contained in Clause 8 of this report, be approved.

- CARRIED

(Councillors Bass, Louis and McCormick opposed)

Clause 9

This item was withdrawn from the agenda.

RISE FROM COMMITTEE OF THE WHOLE

MOVED by Cllr. Daniel Lee,

THAT the Committee of the Whole rise and report.

- CARRIED UNANIMOUSLY

ADOPT REPORT OF COMMITTEE OF THE WHOLE

MOVED by Cllr. Don Lee,
SECONDED by Cllr. Sullivan,

THAT the report of the Committee of the Whole be adopted.

- CARRIED UNANIMOUSLY

The Council adjourned at 6:01 p.m.

* * * * *

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