2A.For the purpose of this by-law only the term "Cultural and Recreational Uses" shall not include a theatre which projects or displays adult motion pictures as defined in the Motion Picture Act.

POLICY REPORT

DEVELOPMENT AND BUILDING

Date: March 25, 1999
Author/Local: RWhitlock/7814
RTS No. 00342
CC File No. 5308
Council: April 13, 1999

TO: Vancouver City Council

FROM: Director of Central Area Planning on behalf of Land Use and Development

SUBJECT: Adult-oriented Uses in the CD-1 for 3438 Vanness Avenue and 5108-5160 Joyce Street (formerly 5104-5156 Joyce Street)

RECOMMENDATION

THAT the Director of Central Area Planning on behalf of Land Use and Development be instructed to make application to amend CD-1 By-law No. 7639 for 3438 Vanness Avenue and 5108-5160 Joyce Street (Lot 1, Blk. 158, D.L. 37, LMP27237) to delete adult-oriented uses in accordance with Appendix A of this report;

FURTHER THAT the Director of Legal Services be instructed to prepare the necessary by-law for consideration at the Public Hearing;

AND FURTHER THAT the application and draft CD-1 By-law amendments generally as shown in Appendix A be referred to Public Hearing.

GENERAL MANAGER'S COMMENTS

The General Manager of Community Services RECOMMENDS approval of the foregoing.

COUNCIL POLICY

At a Public Hearing on May 27, 1996, in considering a rezoning application for 5104-5156 Joyce Street, the following motion was approved by Council:

"THAT the Director of Planning report back at the time of by-law enactment with appropriate wording to eliminate body-rub parlours as a permitted use, as well as the exclusion of other adult-oriented uses listed in the City's License By-law;"

CD-1 By-law No. 7639 for 5104-5156 Joyce Street was enacted on October 22, 1996.

PURPOSE

This report recommends changes to CD-1 By-law No. 7639 which applies to 3438 Vanness Avenue and 5108-5160 Joyce Street (CD-1 #352) to eliminate specific adult-oriented uses.

BACKGROUND

Problems have been created in the Joyce-Kingsway area by uses such as an adult-oriented theatre and a massage parlour (body-rub parlour), both operations being located on Kingsway. The community sought assurance at the Public Hearing for the subject CD-1 that such uses would be avoided in this development, particularly because of the location of the site adjacent to the Joyce SkyTrain Station and the extent to which some SkyTrain stations were experiencing crime-related activities. While the development includes the Collingwood Community Policing Centre, the elimination of adult-oriented uses (as listed in the License By-law) was considered by the community to be one less issue to monitor.

The applicant, Greystone Properties, indicated its support of the community's position and consequently Council asked staff to report back at the time of enactment. Staff were unable to report on this matter at the time of enactment because of the volume of applications being expedited prior to the fall 1996 civic election. Furthermore, it became clear that these amendments could not be considered without a new Public Hearing. The CD-1 by-law was enacted in October of 1996, and development is completed.

DISCUSSION

Further discussion has concluded the following regarding each of the adult-oriented uses listed in the License By-law:

Adult Entertainment Store: Sufficiently similar to Zoning and Development By-law No. 3575 (the Zoning By-law) definition of Adult Retail Store, which is already listed as a use not permitted in the CD-1.

Adult Motion Picture: A definition is proposed as shown in Appendix A (clause 2A) that would be limited to just this CD-1 in order to avoid a conflict with the Zoning By-law.

Body-painting Studio: Tattoo parlours are much more prevalent and staff are not aware of problems associated with such operations. Accordingly, staff recommend not adding either definition at this time.

Body-rub Parlour: This use is already defined in Section 10.26 of the Zoning By-law as a use not permitted under the general categories of retail or service uses unless it is separately listed. Consequently, the use will not be permitted by reason of its absence from the list of permitted uses. No further action is needed.

Steambath: The use "steambath" is presently not listed in the Zoning and Development By-law, however, "spas" are included in the definition of "fitness centre". Staff have included "spas" as a use not permitted under Cultural and Recreational Uses.

By-law wording has been developed which will respond to Council's motion without creating problems of interpretation for other CD-1s or district schedules. The proposed changes are outlined in Appendix A.

Both the Collingwood Community Policing Centre and the property owner, Greystone Properties, support these amendments.

CONCLUSION

Staff recommend that Council refer an application proposing the amendments as contained in Appendix A to Public Hearing.

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APPENDIX A

PROPOSED AMENDMENTS TO CD-1[352]

BY-LAW NO. 7639

for 3438 VANNESS AVENUE and 5108-5160 JOYCE STREET

(formerly 5104-5156 Joyce Street)

Amend Section 2 (Uses) as indicated (italicized bold wording to be added):
2. Uses

The area shown included within the heavy black outline on Schedule "A" shall be more particularly described as CD-1 (352), and the only uses permitted within the outlined area, subject to such conditions as Council may by resolution prescribe, and the only uses for which development permits will be issued, subject to section 2A, are:

(a) Dwelling Units,
(b) Cultural and Recreational Uses, except for Arcade, Billiard Hall, Spas and Steam Bath,
(c) Institutional Uses, except for Detoxification Centre and Hospital,
(d) Office Uses,
(e) Retail Uses, except for Adult Retail Store, Gasoline Station - Full Serve or Gasoline Station - Split Island and Vehicle Dealer,
(f) Service Uses, except for Cabaret, Drive-through Service, Funeral Home, Motor Vehicle Repair Shop and Motor Vehicle Wash, and
(g) Accessory Uses customarily ancillary to the above.

2A. For the purpose of this by-law only the term "Cultural and Recreational Uses" shall not include a theatre which projects or displays adult motion pictures as defined in the Motion Picture Act.

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