POLICY REPORT
DEVELOPMENT AND BUILDING
Date: November 18, 1999
Author/Local:MGordon/7665RJenkins/7082
RTS No. 1116CC File No. 5307
Council: November 30, 1999
TO:
Vancouver City Council
FROM:
Director of Current Planning
SUBJECT:
CD-1 Text Amendment - 88 West Pender Street (International Village)
RECOMMENDATIONS
A. THAT the application by Henderson Development Limited to amend CD-1 By-law No. 6747 for 88 West Pender Street (Lot 193, Plan 23011, DL False Creek) to permit the use Entertainment Centre on the second and third storeys of the International Village shopping complex, be referred to Public Hearing together with:
(i) plans received dated November 5, 1999;
(ii) draft CD-1 By-law amendments generally as presented in Appendix A;
(iii) draft consequential amendments to the False Creek North Official Development Plan (FCN ODP) generally as presented in Appendix C; and
(iv) the recommendation of the Director of Current Planning to approve;FURTHER THAT the Director of Legal Services be instructed to prepare the necessary by-laws for consideration at the Public Hearing.
B. THAT the proposed use, Entertainment Centre, is supported in two locations in the International Village shopping complex in sub-area 4 of the CD-1, one in conjunction with a retail store on the second storey, limited to no more than 621.1 m2 (6,668 sq. ft.) and a second in conjunction with a theatre facility on the third storey limited to no more than 96.7 m2 (1041 sq. ft.).
C. THAT increases in the size of the proposed Entertainment Centres in International Village beyond the floor area limits in Recommendation B or for additional Entertainment Centres will require Council approval and will be limited to the second and third storeys.
D. THAT should the CD-1 by-law be approved in principle at the Public Hearing, the Director of Legal Services be instructed to bring forward at the time of enactment a companion by-law to amend the License By-law No. 4450, generally as presented in Appendix D.
CONSIDERATION
Should Council, as an alternative to Recommendation C, wish to only consider future expansion of the proposed Entertainment Centre use on this site through a rezoning process:
E. THAT CD-1 By-law No. 6747 for 88 West Pender Street be further amended to limit the floor area for Entertainment Centres, generally as presented in Appendix B.
GENERAL MANAGERS COMMENTS
The General Manager of Community Services RECOMMENDS approval of A, B, C and D and puts forward for CONSIDERATION E as an alternative to C.
COUNCIL POLICY
The following policies are relevant for this text amendment:
- The False Creek Policy Statement approved in August 1988
- The False Creek North Official Development Plan (FCN ODP) approved in April 1990
- The International Village CD-1 By-law No. 6747, and Form of Development approved in October 1990 and amended in December 1995When considering a proposal for a Family Sports and Entertainment Centre for the Plaza of Nations, Council resolved in June 1996:
THAT staff be instructed to advise other applicants seeking similar approvals to the Family Sports and Entertainment Centre, that Council is unwilling to consider such applications until an evaluation has been completed of this project after 12 months.
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 Citys 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 Centreon 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 Citys 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 staffs 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
Add the following definitions in Section 3:
Entertainment Centre means the use of premises where a minimum of 55 per cent of the total floor area is used for simulated sports, simulated games and similar activities and associated circulation space, and the balance is used for the administration of the space, the sale of food and retail products, and to provide vending 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.
Simulated Games means machines or activities which simulate an experience, and includes, but is not limited to a virtual reality experience, and does not include Simulated Sports or a game or machine displaying a sex object.
Section 4 Land Use
Delete (e) cultural and recreational uses and replace with (e) cultural and recreational uses, including Entertainment Centre.
Section 7.5 Floor Area and Density - Table 2 - Maximum Floor Area
Delete Retail, service and office and replace with Retail, service, office and cultural and recreational.
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
Insert the following after sub-section 7.6 (b):
7.7 Notwithstanding Section 7.1, an Entertainment Centre shall be only be permitted in sub-area 4 and on the second and third storeys of a building in that sub-area and shall be limited to a maximum floor area of 621.1 m² on the second storey a maximum floor area of 96.7 m² on the third storey.
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
In the definition of 'Arcade' after ".... Family Sports and Entertainment Centre....", insert "or Entertainment Centre".
Insert the following new definitions:
Entertainment Centre means the use of premises where a minimum of 55 per cent of the total floor area is used for simulated sports, simulated games and similar activities and associated circulation space, and the balance is used for the administration of the space, the sale of food and retail products, and to provide vending machines offering games for amusement or entertainment.
Simulated Games means machines or activities which simulate an experience, and includes, but is not limited to a virtual reality experience, but does not include Simulated Sports or a game or machine displaying a sex object.
2. License By-law Requirements
Amend the provisions respecting Family Sports and Entertainment Centre as follows: delete the title Family Sports and Entertainment Centre and replace with Family Sports and Entertainment Centre and Entertainment Centre;
Amend section 15.3, sub-sections (1), (2), (3), (4), (5), (6), (7), (8) and (9) by deleting Family Sports and Entertainment Centre and replace with Family Sports and Entertainment Centre or Entertainment Centre.
APPENDIX E
PAGE 1 OF 2Applicable 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.
[2] No operator of a family sports and entertainment centre shall install, allow to be installed or otherwise provide for use on the premises less than 4 or more than 150 vending machines offering games for amusement or entertainment
[3] (a) No operator of a family sports and entertainment centre shall install, allow to be installed or otherwise provide for use on the premises any machine if it, or the operator, redeems successful play with money or with prizes that can be redeemed for money on the premises.
(ii) No operator or a family sports and entertainment centre shall install, provide or conduct prize games if the outcome of such game is determined by chance or mixed chance and skill.
APPENDIX E
PAGE 2 OF 2
[4] No operator of a family sports and entertainment centre shall permit any customer, person or onlooker to enter or remain on the premises between the hours of 1:00 a.m. and 8:00 a.m. except that in the case of a person under the age of fifteen years no operator shall permit that person to enter or remain on the premises between the hours of 10:00 p.m. and 8:00 a.m. An operator of a family sports and entertainment centre shall be deemed to permit such play, operation or use if it occurs while the operator or an employee of the operator is present on the premises.
[5] No operator of a family sports and entertainment centre shall permit any person apparently or actually under the age of fifteen years to enter or remain on the premises between the hours of 8:00 a.m. and 3:00 p.m. on Mondays to Fridays inclusive, unless the day is a school holiday or unless the underage person is accompanied at all times by the persons parent, legal guardian or school teacher.
[6] Where reasonable doubt exists as to the age of a person desiring to enter or remain in a family sports and entertainment centre the operator shall not permit the person to enter or remain on the premises if the person is unable to provide documented proof of age.
[7] No operator of a family sports and entertainment centre shall allow any intoxicated person on the premises or allow any person on the premises to drink alcohol beverages or take drugs or take part in any gambling.
[8] Every operator of a family sports and entertainment centre shall keep the premises clean, shall not cover up any windows in a manner so as to prevent a clear view of the interior of the premises, and shall not enclose individual activity areas in a manner which prevents views into the activity area.
[9] Every operator of a family sports and entertainment centre shall post in a conspicuous place a summary of the rules of conduct for customers, including the rules contained in this section 15.3.
By-law No. 7593, July 9, 1996; 7641, Oct. 24, 1996; 7642, Oct. 24, 1996, 7795, Sept. 25, 1997
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(c) 1998 City of Vancouver