REPORT TO COUNCIL
SPECIAL ADVISORY COMMITTEE ON DISABILITY ISSUES
JANUARY 26, 1999
RECOMMENDATION File: 3053
1. Split-Island Gasoline Service Stations - Hours of Operation
The Special Advisory Committee on Disability Issues has recently considered a letter dated May 29, 1998, addressed to Councillor Sam Sullivan from Chevron Canada, regarding a City by-law definition which requires split-island gas stations to offer full-service during all times the station is open for business. Chevron's letter contains a proposal for an amendment to this section of the By-law. They propose changing the current By-law requirement for full-service to be available during all hours of business, to allow them to only offer self-service during the hours of midnight to 6:00 a.m., with signage and a brochure directing customers to 24-hour full-service locations within the city.
The issue of split-island gasoline stations not providing full-service during all hours of operation was first brought to the attention of City staff by the B.C. Paraplegic Association in a November 21, 1996, letter. The issue was first considered by the Special Advisory Committee on Disability Issues on October 2, 1997. The Committee discussed this matter again at their November 13, 1997, meeting. The Committee passed a resolution at the latter meeting recommending that the City of Vancouver By-law which requires full-service to be available whenever self-service pumps are open be fully enforced.
Section 2 of the City of Vancouver Zoning and Development By-Law contains the following definitions:
Gasoline Station - Full Serve, which means the use of premises for the retail sale of motor fuels and lubricants that are dispensed by an attendant for the customer and where staff are available to provide other services such as checking tire pressure and fluid levels, cleaning windows and doing minor repairs.
Gasoline Station - Split Island, which means the use of premises for the retail sale of motor fuels and lubricants that are dispensed by the customer, and which includes at least one pump island at which all types of gasoline and diesel fuels sold by the station are dispensed by an attendant for the customer at all times the station is open for business, and where staff are available to provide other services such as checking tire pressure and fluid levels, cleaning windows and doing minor repairs.
The Committee is in agreement on the importance of having full-service gasoline stations available in the City on a 24-hour basis to people with disabilities and to seniors.
Therefore, the Special Advisory Committee on Disability Issues
RECOMMENDS
THAT Vancouver City Council be advised that the Special Advisory Committee on Disability Issues considers the current by-law on gasoline service stations to be both adequate and appropriate; and
FURTHER THAT the By-law be appropriately enforced; and
FURTHER THAT the Committee requests that its input be sought prior to any modification being made in the existing by-law.
(Signed) "Ben Ostrander" (Signed) "Katherine Taylor"
Ben Ostrander, Co-Chair Katherine Taylor, Co-Chair
Special Advisory Committee Special Advisory Committeeon Disability Issues on Disability Issues
CITY MANAGERS COMMENTS AND RECOMMENDATION
The City Manager agrees with the Committee on the desirability of having full-service available from gasoline stations on a 24-hour basis for people with disabilities and for seniors. However, there is no City regulation requiring any form of gasoline station to be open on a 24-hour basis. The Zoning and Development By-law simply requires Split-Island Gasoline Stations (full-serve plus self-serve) to maintain the full-serve component during all hours of operation.
Chevron Canada has indicated an economic inability to meet the full-serve requirement for all their split-island stations running on a 24 hour basis which could mean, if the City enforces the by-law, some of these would have to close after midnight when gasoline sales volume is much reduced.
Chevron has suggested a compromise which they believe would better serve the community, including:
· a zoning amendment to require core full-serve hours;
· erection of signage after core hours at full-serve islands directing customers to 24-hour full-serve locations; and
· provision of a map/brochure showing full-serve locations.
The self-serve gasoline sales issue has a long history with City Council. The introduction of the zoning use term Gasoline Station - Split Island in 1986 was seen by Council as a reasonable compromise between full service desired by the public and self service desired by the oil companies.
Chevrons proposal may have some merit, given that closure of 24 hour stations might impact the public even more than non-compliance of the By-law. However, it does raise both technical and public interest questions.
The City Manager therefore RECOMMENDS:
THAT should Council wish to consider the proposal put forward by Chevron Canada, that the Planning Department first be instructed to report back, in consultation with the Director of Legal Services, on whether it is technically possible to implement the proposal.
If staff determine it is possible to implement the proposal, Council could then advise Chevron to submit an application to amend the Zoning and Development By-law along with the appropriate fee. Chevron could be further advised to work with the other oil companies to ensure that all are in agreement with the proposal. Planning staff would review the application with the Director of Legal Services, the Assistant Director of License & Property Use Division and the Disability Issues Committee. During the processing of the application, Permits & Licenses staff would withhold enforcement action and monitor the situation pending the outcome of Councils action.
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(c) 1998 City of Vancouver