Noise By-law - Miscellaneioius Amendment (Hours for Refuse Collection)

ADMINISTRATIVE REPORT

Date: January 9, 2001

Author/Local: D.Losito/714-5677

RTS No. 1584

CC File No. 113

P&E: February 15, 2001

TO:

Standing Committee of Council on Planning and Environment

FROM:

Director of Environmental Health

SUBJECT:

Noise By-law - Miscellaneous Amendment (Hours for Refuse Collection)

RECOMMENDATION:

THAT the Noise Control By-law be amended to modify the boundaries of the Downtown Area in Schedule C of the by-law to remove the area bounded by Nelson Street, Helmcken Street, Burrard Street and Richards Street.; and

THAT the Noise Control By-law be amended to modify the boundaries of the Downtown Area in Schedule C of the by-law to remove the area bounded by Beatty Street on the east, Nelson Street on the South, Granville Street on the West to Barclay on the north, Richards Street on the west and Robson Street on the North.

GENERAL MANAGER'S COMMENTS:

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

COUNCIL POLICY

Council endorsed recommendations of the Urban Noise Task Force, including the following miscellaneous provisions:

Recommendation 20.1: The City should revise the definition of Downtown Area to exclude former commercial areas such as Gastown, Yaletown and the International Village.

Recommendation 20.2: The City should review early pickup boundaries and hours of pickup and delivery, from time to time to accommodate changing land use patterns.

PURPOSE

This report seeks to address noise issues related to the commercial collection of refuse in the Downtown.

BACKGROUND

On September 26, 2000, a member of Council advised the area between Burrard -Granville - Helmcken - Robson Streets is now residential and should be subject to the same restrictions as other residential areas (i.e. no garbage pick-up prior to 7:00 a.m.)

Section 19 of the Noise Control By-law currently controls noise from the mechanical collection of refuse from bulk containers in or adjacent to residential premises to between the hours of 7:00 AM to 8:00 PM weekdays and from 10:00 AM to 8:00 PM Saturdays, Sundays and Holidays. These hours are expanded for inside the 'downtown area' (Schedule C) to 6:00 AM to 12:00 midnight weekdays and from 10:00 AM to 12:00 midnight Saturdays, Sundays and Holidays.

19. No person involved in the collection of refuse shall make or cause or permit to be made or caused any noise to emanate from a motor vehicle while the vehicle is being used to collect refuse by means of a mechanical or hydraulic lift from a bulk refuse container in or adjacent to a residential premises:

(a) outside the downtown area except from 7 o'clock in the morning (0700 hours) to 8 o'clock in the evening (2000 hours) on any week day, or from 10 o'clock in the morning (1000 hours) to 8 o'clock in the evening (2000 hours) on any Saturday, Sunday, or holiday; or

(b) inside the downtown area except from 6 o'clock in the morning (0600 hours) to 12 o'clock in the evening (2400 hours) on any week day, or from 10 o'clock in the morning (1000 hours) to 12 o'clock in the evening (2400 hours) on any Saturday, Sunday, or holiday.

The intent of the expanded hours for the downtown area is to facilitate access for the bulk collection trucks during times of the day when lane-ways and loading areas are less congested. The current boundaries of Schedule C were originally set in part to exclude areas where residences would be adversely affected.

DISCUSSION

There has been considerable redevelopment within the 'downtown area' since the boundaries were originally set. Current zoning for a large portion of the area is for Comprehensive Development, which allows for a variety of mixed-use/residential uses.

Complaints regarding noisy refuse collection in residential areas are quite common. With the increase in residential use in the 'downtown area' Council could choose to alter the current boundaries or remove the 'downtown' designation completely.

Complete removal of the 'downtown' designation is unnecessary because a major portion of Schedule C still has very little or no residential component at this time. Discussions with the Waste Management Industry indicate that they make use of the extra hours quite extensively and would be severely affected by their removal. This, in turn, would impact on the timely and efficient removal of garbage from the downtown area and add to existing day-time congestion in the downtown lanes.

Staff has identified two areas of the downtown as candidates for removal from Schedule C. The first area proposed for removal from Schedule C (Nelson St. to Helmcken, Burrard to Richards) is now completely residential. A number of residents in the area have expressed concerns over hours of refuse collection. This area is recommended for immediate removal from Schedule C, as noted in Recommendation A.

As a further demonstration of the changes that are occurring in the downtown, the area bounded by Beatty Street on the east, Nelson Street on the South, Granville Street on the West to Barclay on the north, Richards Street on the west and Robson Street on the North is now approximately 25% residential with the potential to increase with time. This area could be removed from Schedule C at this time, by adoption of Recommendation B, or could be deferred to a future date when the area becomes predominantly residential.

The Waste Management Association and the private collection companies have been advised of the general proposals contained in this report.

CONCLUSION

The area that is proposed for removal from the 'downtown area' designation is now fully residential and is no longer in keeping with the purpose for the 'downtown designation. It is recommended that this area be removed from Schedule C of the Noise Control By-law. A second area that will become predominantly residential could also be removed from Schedule C of the Noise Control By-law at this time or left for a future by-law amendment.
ATTACHMENTS THAT DO NOT HAVE ELECTRONIC COPY ARE AVAILABLE ON FILE IN THE CITY CLERK'S OFFICE

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TO:	Standing Committee of Council on Planning and Environment
FROM:	Director of Environmental Health
SUBJECT:	Noise By-law - Miscellaneous Amendment (Hours for Refuse Collection)