Agenda Index City of Vancouver

POLICY REPORT
DEVELOPMENT AND BUILDING

TO:

Vancouver City Council

FROM:

Director of Current Planning

SUBJECT:

CD-1 Text Amendment - 88 West Pender Street (International Village)

 

RECOMMENDATIONS

CONSIDERATION

GENERAL MANAGER’S COMMENTS

COUNCIL POLICY

The following policies are relevant for this text amendment:

When considering a proposal for a Family Sports and Entertainment Centre for the Plaza of Nations, Council resolved in June 1996:

Note: This evaluation is the subject of a companion Council report.

In January 1997, Council refused a proposal for a “Virtual Reality Entertainment Centre” in the former Public Library at 750 Burrard Street, as an evaluation of the Plaza of Nations project had not yet been undertaken.

PURPOSE AND SUMMARY

This report recommends the referral of an application to amend the CD-1 for International Village and companion ODP amendments to a public hearing to permit the use Entertainment Centre. The use is proposed in conjunction with a retail store and in conjunction with a multiple cinema facility, in the International Village shopping complex at 88 West Pender Street. This complex is bounded by Pender, Taylor, Keefer and Abbott Streets.

Staff support the proposal by the applicant to build upon the Family Sports and Entertainment Centre use, currently permitted at the Plaza of Nations, by including virtual reality games. Staff recommend that the proposed use be limited to two locations on the upper storeys of the International Village Shopping Complex. The overall floor area limits for the shopping complex would remain the same and the form of development would not change. Development and Building permit applications would follow in the normal fashion.
The proposed CD-1 By-law amendments do not limit the floor area that can be permitted for this use. This will allow flexibility in the future should the applicant, following the approval of Council, decide to pursue expansion of this use. If Council wishes to address further expansion only through a rezoning process, this option is presented as Consideration E.

Amendments to the City’s License By-law are also recommended to ensure that the simulated sports, games and virtual reality rides envisaged by the applicant are the majority of games and experiences available, rather than video games and other machines commonly found in arcades. Existing License By-law provisions (see Appendix E) will also restrict the age and hours of operation of the facilities and prohibit games of chance. These restrictions are the same as those applicable to similar facilities at Plaza of Nations (“The Score”).

A companion report recommends Council lift the Council moratorium on consideration of sports and entertainment centres, given the positive response to the “Score” facility. Staff further recommend in the companion report that new centres to be approved on a case-by-case basis. The type of facility proposed in this case will enhance the International Village shopping centre and therefore contribute to the revitalization of Chinatown and the surrounding area.

DISCUSSION

Background

Staff have received a proposal from Henderson Development Ltd. for a family-oriented entertainment facility in conjunction with a retail store which they advise is expected to anchor the shopping complex nearing completion in International Village. The current CD-1 zoning of the site does not permit this use and the False Creek North Official Development Plan (FCN ODP) limits this use to the Plaza of Nations sub-area, adjacent to BC Place Stadium.

In June 1996 Council resolved to consider the use “Family Sports and Entertainment Centre”on a trial basis in the Plaza of Nations until staff could report back with an evaluation of the operation and social impacts of the facility. These issues are discussed in a companion report. Staff have concluded that:

· there are no identifiable negative impacts at this location;
· this use should be permitted elsewhere, but only on a selective basis; and
· CD-1 rezonings are the best mechanism for evaluation and approval.

Since the Plaza of Nations facility was established, in 1996 Council chose to not consider the approval of a similar facility, in the former Public Library building, involving some

“virtual reality” games that extended beyond sports activities, pending consideration of the Plaza of Nations facility impact assessment.

There is a proposal for a multiple-use facility at Smithe Street and Burrard Street which will include a similar use. This will be reported separately to Council.

MAP HERE

Use and Location

The applicant proposes to introduce Entertainment Centres in two locations: the first, with a floor area of 564 m2 (6078 sq.ft.), in conjunction with a retail store on the second storey; and the second, with a floor area of 88 m² (947 sq.ft.), in conjunction with a theatre on the third storey. These Entertainment Centres will primarily consist of inter-active machines providing the participant with what the applicant identifies as “extreme experiences” in sport and other activities. Because these inter-active machines focus not only on sports, but also include other experiences staff suggest the proposed use term “Entertainment Centre”. This will allow for a full range of inter-active machines and distinguish it from the currently permitted Family Sports and Entertainment Centres. Generally, the two types of uses will be similar and should be treated similarly for licensing and other regulations.

The following staff comments were received on the proposed use and location:

Social Planning staff support the Entertainment Centre use and proposed facilities at this location.

Police: The Police Department does not object to the proposal, in and of itself. However, it must be noted that there has been no assessment, by the Police Department, of the potential impact that other projects, such as the Parks Board's desire to build a skateboard park nearby, or the establishment of additional liquor outlets nearby, may have in conjunction with this project. Therefore, the demand for additional police services relative to this project is undetermined.

The City’s CPTED (Crime Prevention Through Environmental Design) Liaison Officer undertook considerable review and study of this application because of the concerns regarding the type and locale of this use. Locating the Centres on the second and third floors adjacent to or within well- established businesses and complying with other by-law restrictions, most importantly supportable hours of operation, creates a viable venue which should be a positive influence on the neighbourhood.

Planning staff support amendments to the CD-1 to include the proposed use term and the proposed facilities in conjunction with a family-oriented retail store and a theatre facility. While the surrounding area does pose some risks for young people, the proposed facilities in space on the second and third floors with no direct access from the street, together with secure safe parking and the application of existing License By-law restrictions will not, in staff’s estimation, create additional risk. Also, specific security arrangements will be in place for the whole complex. Staff agree with the applicant that permitting this use will bolster the success of the shopping complex and thereby assist in revitalizing the neighbourhood and provide a commercial anchor for Chinatown.

It is noted Police and CPTED input will be included in any future reviews should the applicant apply for further expansion of the proposed facility.

Scale of Use

Staff recommend that the CD-1 By-law be amended so that the applicant will have the opportunity to apply, in the future, for expansion of the proposed facilities. Staff suggest that the initial floor area allowance for this use be set at a level 10% above what the applicant is proposing noting that this will provide some limited flexibility in developing the current proposal. Further increases in the size of these two centres or the establishment of the use elsewhere in the development could be considered, subject to Council approval and provided the facilities are limited to the second and third storeys to ensure there is no direct access from the street and to enhance security and control of the operation.

Consideration E (Appendix B): As an alternative to Recommendation C, should Council wish to only consider future expansion of this use in the International Village shopping complex through a rezoning process, staff have proposed further amendments to the CD-1 By-law to limit additional floor area to that proposed in the current application, plus the nominal 10% to permit minor increases.

Residents and businesses were notified in the area. Any letters or other input obtained from this notification will be distributed to Council in advance of the Public Hearing. A public information meeting is proposed after referral of this application, but prior to the Public Hearing. The results of this meeting will also be forwarded to Council prior to the Public Hearing.

CONSEQUENTIAL AMENDMENTS

Consequential amendments to the False Creek North Official Development Plan (FCN ODP) are proposed which are consistent with the proposed CD-1 By-law, including adjustments to the Land Use map to clarify that Cultural and Recreational uses (i.e. the broader land use category which includes Entertainment Centre) are permitted on this site and that the use Entertainment Centre is permitted in the applicable sub-area. Amendments to the License By-law are also proposed to ensure that the current provisions for Family Sports and Entertainment Centres regarding hours, number of machines, prohibiting games of chance and age restrictions during school hours apply to the proposed use, Entertainment Centre. Applicable current provisions of the License By-law are outlined in Appendix F.

CONCLUSION

Planning staff support this amendment as it will enhance the success of this shopping complex and thus assist in the revitalization of the general area. No significant negative impacts are expected. It is recommended that Council approval be required in cases of proposals for significant future expansion of this use.

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APPENDIX A

Draft Amendments to CD-1 No. 265 (By-law No. 6747)

Section 3 Definitions

Section 4 Land Use

Section 7.5 Floor Area and Density - Table 2 - Maximum Floor Area

APPENDIX B

Draft Further Amendments to CD-1 No. 265 (By-law No. 6747)
(for the Consideration of Council)

Section 7 Floor Area and Density

APPENDIX C

Draft Amendments to False Creek North Official Development Plan

Section 5 Sub-areas

1. Amend Section 5.11, Area 8, to insert after “the adjacent areas.”, the following: “Entertainment Centre may be permitted in a building located in the block bounded by Pender, Abbott, Keefer and Taylor Streets.”

Section 6 Illustrative Plan

1. Amend the “Key:” of Figure 3 Land Use by deleting “Mixed Use: Commercial/Residential” and replacing with “Mixed Use: Commercial/Residential/Cultural and Recreational”.

APPENDIX D

Draft Amendments to the License By-law No. 4450

If Council approves the CD-1 By-law and FCN ODP By-law Amendments, then the following amendments of the License By-law No. 4450 should be considered:

1. License By-law Definitions

2. License By-law Requirements

APPENDIX E
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Applicable Provisions of the Current License By-law No. 4450

Definitions

· “Arcade” means any premises containing four or more machines on which mechanical, electrical, automatic or computerized games are played for amusement or entertainment and for which a coin or token must be inserted or a fee is charged for use, but does not include a Family Sports and Entertainment Centre.

· “Family Sports and Entertainment Centre” means premises where a minimum of 55 percent of the total floor area is used for simulated sports and associated circulation space, and the balance is used for the administration of the centre, the sale of food and retail products, and the provision of games and automatic machines offering games for amusement or entertainment.

· “Simulated Sports” means games or activities involving the use of baseball batting cages, basketball courts, hockey rinks, golf simulators, miniature golf, climbing walls and similar sports related games and activities.

“Family Sports and Entertainment Centre”

15.3 [1] The provisions of this section apply to all persons carrying on the business of operating a family sports and entertainment centre.

APPENDIX E
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