In what resulted in a round of applause from area residents, city council has quashed a plan for a downtown day-care centre.

At their weekly meeting Monday evening, council members unanimously voted against a rezoning application made by Lori Austin to establish a day care at 710 Jarvis St.

Sharing her views with members of council and the public before voting on the proposal, Coun. Jan Stick said she is pro-day care but couldn't support the Jarvis Street concept.

'I will not be voting in favour of an amendment,' Stick said. 'It's just too big an amendment.

'In this case, to make an amendment (to the zoning bylaw) to allow a day care that is on a lot that is half the allowable size is a big amendment.'

The property at 710 Jarvis is half the 930 square metres called for in territorial day care legislation.

Coun. Doug Graham said he agreed with Stick that day cares should be permitted downtown, just not at 710 Jarvis St.

Graham said he was voting against the proposal not because of the zoning issue permitting day cares as a primary use in residential areas but because the lot at 710 Jarvis was not big enough.

Residents' complaints that spot zoning isn't appropriate downtown, Graham added, are not warranted.

'You can never get so precise that you get everything right in a zoning bylaw.

'Spot zoning stands alone and does not set a precedent. Each application is measured on its own merits.'

Austin approached council earlier this year to have her property at 710 Jarvis rezoned from residential to residential restricted, which would allow her to use the property as a day care.

She told council when she bought the property, she was informed by the city's planning department that a day care facility on the property was listed as a conditional use.

Making her final appeal to council Monday evening, Austin said she wanted fair consideration from council on her planned day care, which she maintained is a necessary amenity in the city's downtown.

'This would be a small child care centre with limited hours and a limited number of children,' she said.

People living in the area opposed to the day care idea, she added, were more opposed to change than a day care.

Downtown resident Jacinthe Labrecque, who lives next to 710 Jarvis, said she isn't opposed to change in general, just negative change.

'We're not afraid of changes; we have changes everyday. I'm afraid of negative changes that impact my life, that's something else.'

Karen Riemer, who also lives near 710 Jarvis, said she would like council to protect the integrity of her neighbourhood.

'Clearly, the majority of the residents who would be affected are against it; myself included,' she said.

'Would you want another council to chip away at your neighbourhood because they can?' she asked, urging council members to side with area residents in their decision.

'I strongly agree with Coun. (Dave) Stockdale that your decision will set a precedent.'

Last week, Stockdale said he's against the proposal because it ran contrary to the visions for the area in the Downtown Plan and also because area residents are against it.

The city should do a better job of consulting area residents and finding out their views, Stockdale told council last week.

Coun. Bev Buckway said she agreed with her fellow councillors and said people buying properties with listed conditional uses should be made aware that those uses had to be approved by the city's elected officials.

Buckway said she felt a letter should be given to proponents outlining the bylaw process which informs them that decisions that have to be made, such as the rezoning of 710 Jarvis, are the responsibility of council and council alone.

'Council makes the final decision.'

Residents have argued the area is inappropriate for the extra traffic a day care would have brought to their area.

They also said parking space for parents, guardians and day care staff would have proved insufficient.

Austin was unavailable last night and this morning to comment on council's vote against her proposal.