ADMINISTRATIVE REPORT

TO:

Standing Committee on Planning & Environment

FROM:

Director of Planning and Director of Licensing, Inspections & Enforcement

SUBJECT:

3311 West Broadway - Recyling Depot

 

INFORMATION

GENERAL MANAGER'S COMMENTS

COUNCIL POLICY

On May 3, 1994, Council agreed to support the Greater Vancouver Regional District Solid Waste Management Plan, which included the implementation of an expanded provincial deposit-refund system for used beverage containers.

COUNCIL POLICY

The purpose of this report is to address complaints received from neighbors by members of Council regarding the impacts of an existing bottle return depot operation at 3311 West Broadway.

BACKGROUND

In early 1998, an information report to Council from the General Manager of Engineering Services provided an overview of the new provincial regulations together with a discussion of the new regulations' impact on the City of Vancouver. In that report, it was noted that "the key to the success and effectiveness of the expanded deposit-refund system will be largely dependant on the number of `convenient' depots within close proximity to residential areas."

DISCUSSION

Development Permit Process and Approval

Following the 1998 information report to Council, Encorp Pacific Inc. entered into discussions with staff in respect to establishing "return centres" in Vancouver. Encorp explained their criteria for selecting sites and guidelines for operating such facilities with its intention to "establish a network of return centres which is convenient and accessible for the public, provides one-stop convenience for all deposit bearing containers, and is welcomed as a good neighbour and tenant".

A return centre as proposed by Encorp Pacific Inc. is not a specifically defined term in the Zoning and Development By-law; however, it is included within the broader use term "Recycling Depot". "Recycling Depot" is listed as a conditional use in all commercial and industrial district schedules including the HA-1 and HA-1A district schedules.

A formal development application was filed December 18, 1998 for a return centre at 3311 West Broadway by an operator under contract with Encorp Pacific Inc. The tenancy is a 1st storey location having a floor area of approximately 2678 sq. ft. in an existing three-storey mixed commercial-residential building located on the north-west corner of West Broadway and Blenheim Street. This portion of West Broadway is zoned C-2C1. A lane separates this commercial zone from the abutting residential neighbourhood to the north, zoned RT-7.

The representations made to staff by the development permit applicant were very consistent with those made by Encorp Pacific Inc. in pre-application dealings with Planning staff. That is, the return centre would be principally for local neighbourhood residents to return beverage containers. It was suggested that this operation could be likened to a neighbourhood dry cleaning establishment.

Under the circumstances presented, staff believed that the operation would be similar in behaviour to other neighbourhood retail grocery stores having bottle return as an accessory use, the only difference being that the entire premises would be for that use. Staff concluded that a neighbourhood-based bottle return centre would minimally impact neighbouring sites and would fit into the existing commercial/residential context. Consequently, neighbourhood notification was not undertaken and the development permit was subsequently approved and issued on January 13th, 2000, without a time limit for approval.

Neighbourhood Complaints

Within a couple of months of the use being in operation complaints were received from two immediate residential neighbours across the lane, immediately north of these premises. The complaints centred on the unusually high level of noise and frequent traffic congestion in the lane caused by large trucks either dropping off bottles and tins or picking them up. Other complaints included overflowing garbage containers, the generally messy and untidy state of the rear loading area cluttered with pallets and other garbage. In addition, complaints were also received about activities arising from dumpster divers which the neighbours find objectionable.

Enforcement

In February of last year, Inspections staff inspected the premises on three separate occasions and did not observe any of the identified issues. However, because of continued complaints, staff further re-inspected, and found that the scale of the operation exceeded that of the neighbourhood bottle depot presented by the applicant and contemplated by staff. The operation had taken on commercial clients such as Safeway and Stongs' which would routinely deliver large loads of bottles and tins to be sorted here, and which were then reloaded for delivery elsewhere. An order was sent to the operator to cease the large scale commercial component of the operation.

Staff then engaged the operator and an official from Encorp Pacific Inc. in discussions dealing with the neighbourhood concerns regarding clean-up of the premises, controlling traffic and deliveries, ensuring all customer contact comes through the front door and discontinuing all of the services offered to commercial businesses. The operator and Encorp Pacific Inc. readily admit that the operation exceeded their expectations with the commercial client services.

In response the operator obtained a development permit to relocate the larger scale commercial component to an industrial site, near Fraser, south of Marine Drive. The operator has improved the tidiness of the rear of the site and has agreed to do so on a regular basis. He has put in place measures to control loading and unloading activity at the rear ofthe premises by establishing a schedule for pick-ups during week-days only, and has agreed that the required loading bay be used. This location no longer accepts drop-offs from commercial businesses. As well, deliveries at the rear of the premises are not accepted from customers. With regard to the street people, the operator has discouraged them from loitering at the rear of the premises, and the change in operation to an earlier opening time ( he now opens at 8:00 am) has helped address this issue. Since the larger scale commercial facility component relocated to an industrial site, the situation at 3311 West Broadway has much improved. City inspections over the past few months clearly indicate that the operation has undergone significant change and is in conformance with the approved development permit.

CONCLUSION

In summary, commercial and residential use interfaces exist throughout the city and at times some of these become unexpectedly difficult . The situation at 3311 West Broadway is one of those cases. Staff inspections indicate that the operator has mitigated past difficulties to the point that the current operation is in accordance with the approved development permit. In addition, the operator has cooperated in addressing the concerns expressed with respect to the loading and lane activities. Nevertheless, staff will continue to monitor the operation. There are no grounds for staff to take enforcement action at this time.

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