Agenda Index City of Vancouver

REPORT TO COUNCIL

STANDING COMMITTEE OF COUNCIL
ON PLANNING AND ENVIRONMENT

NOVEMBER 22, 2001

A Regular Meeting of the Standing Committee of Council on Planning and Environment was held on Thursday, November 22, 2001, at 2:00 p.m., in Committee Room No. 1, Third Floor, City Hall.

PRESENT:

*Councillor Lynne Kennedy, Chair (Civic Business)

*Mayor Philip Owen

Councillor Fred Bass
Councillor Jennifer Clarke

*Councillor Daniel Lee

*Councillor Don Lee, Vice-Chair

Councillor Tim Louis
Councillor Sandy McCormick
Councillor Gordon Price
Councillor Sam Sullivan

ABSENT:

Councillor George Puil (Leave of Absence)

CITY MANAGER'S
OFFICE:

Judy Rogers, City Manager
Brent MacGregor, Deputy City Manager

CITY CLERK'S OFFICE:

Diane M. Clairmont, Meeting Coordinator

* Denotes presence during part of the meeting.

pe011122.htm

ADOPTION OF MINUTES

The Minutes of the Standing Committee on Planning and Environment meeting of November 1, 2001, were adopted as amended at Regular Council on November 20, 2001.

RECOMMENDATION

1. Warning to Prospective Purchasers of 250 East 32nd Avenue (File 2701)

The Committee had before it an Administrative Report dated October 29, 2001, in which the City Building Inspector recommended approval to file a 336D Notice against the property at 250 East 32nd Avenue to warn prospective purchasers of contraventions of the Zoning and Development and Vancouver Building By-laws related to this building. It was further recommended the Director of Legal Services be authorized to commence legal action if deemed appropriate. The General Manager of Community Services supported the recommendations.

Peter Sweeney, Manager of Building Inspection Branch, reviewed the report and responded to questions. It was agreed Mr. Sweeney will provide a memo to Council detailing statistics relating to 336D Notices.

MOVED by Councillor McCormick
THAT the Committee recommend to Council

A. THAT the City Clerk be directed to file a 336D Notice against the title to the property at 250 East 32nd Avenue (Lot 16, Block 7, District Lot 634, Plan 1248) in order to warn prospective purchasers that there are contraventions of the Zoning and Development and Vancouver Building By-laws related to this building.

B. THAT the Director of Legal Services is hereby authorized, in her discretion, to commence a legal action or proceeding in relation to the premises located at 250 East 32nd Avenue and may, in her discretion, seek injunctive relief in that action or proceeding, in order to bring this building into compliance with City By-laws.

CARRIED UNANIMOUSLY
(Mayor Owen, Councillors Daniel Lee and Don Lee not present for the vote)

2. Noise By-law Amendments - Controlling Bass Noise Levels From Entertainment Facilities (File: 3755)

The Committee had before it a Policy Report dated November 6, 2001, in which the Director of Environmental Health recommended approval of a minor amendment to the noise by-law to address the intrusiveness of the bass component of amplified sound from entertainment venues on residents within the same building or in an adjacent resident premises. The General Manager of Community Services supported the recommendations.

Nick Losito, Director of Environment Health, reviewed the report and responded to questions. He noted the amendment would effect all commercial establishments with amplified music.

Terry Tebb, Strata Council President, Aquarius, representing 488 condominiums in the area, spoke in opposition to the recommendations. Comments included:

· recent noise by-law amendments are appreciated; however, concerns still exist regarding impact of noise on residences near Roundhouse Community Centre; very disruptive reverberation; believes Roundhouse management does not understand their role within residential community;
· noise from Plaza of Nations at night is also a concern;
· proposed amendments are inadequate; invited inspectors to bring noise meters to condominiums and check levels within residences and on street;
· amendment should also reduce impact of bass on residential buildings that do not share common/adjoining walls;
· active enforcement of the by-law would be helpful;
· residents are entitled to reasonable quiet in their homes and want late night unreasonable noise controlled.

Mr. Losito advised the Roundhouse is considered a commercial establishment, is not in an industrial zone as residents were advised by Roundhouse management, and is affected by the proposed amendment changes.

Paul Teichroeb, Chief License Inspector, advised staff is working with Vancouver Parks & Recreation to review noise concerns.

The following spoke in support of the recommendations:

Speakers' comments included:

· excessive noise from Roundhouse until 2:00 a.m. disturbs living space and sleep;
· frustration felt following City inspectors and police visits; resident was advised noise levels were within acceptable levels and nothing was done;
· Vancouver is a great `fun' city; however, noise issue must be addressed;
· bass noise levels are worse than train shunting;
· noise measured at 55 dBC within suite still registers at 95 to 100 dBC in club.

Council requested staff provide information on how the Roundhouse is resolving the noise level issue.

MOVED by Councillor Louis
THAT the Committee recommend to Council

A. THAT the Noise Control By-law be amended to incorporate a maximum interior noise level of 55 dBC (3 minute Leq), as measured in the neighbouring residential premises, for the bass component of amplified sound originating from a commercial establishment and impacting on residential premises within the same building or in an immediately adjacent building.
B. THAT the Director of Legal Services report back with the necessary by-law amendments to implement these recommendations.

CARRIED UNANIMOUSLY

At this point in the proceedings, Councillor Kennedy left the meeting and Councillor Don Lee assumed the Chair.

3. Application for a Boating Restriction Regulation in False Creek (File: 8200)

The Committee had before it an Administrative Report dated November 6, 2001, in which the General Manager of Engineering Services in consultation with the Director of Current Planning recommended the City of Vancouver apply for a Boating Restriction Regulation for False Creek to regulate anchoring. The General Manager of Community Services supported the recommendations.

Doug Smith, Structures and Greenways Engineer, along with Don Brynildsen, Assistant City Engineer, review the report and responded to questions. Colin Michaels, Canadian Coast Guard, was present and responded to questions relating to garbage, sewage and regulations relating to holding tanks.

The following spoke in favour of the recommendation, some with reservations:

Norm Dyck, Council of BC Yacht Clubs and BC Marine Trades Association (brief submitted - on file)

Speakers' comments included:

· hard work of City staff was acknowledged;
· anchoring concerns will be alleviated when new marinas are built;
· broader-based access for human-powered crafts, disabled should be established;
· boaters with inadequate equipment, overcrowding, no holding tanks cause concern;
· rules and regulations should be in place so visitors can moor, enjoy Vancouver and leave;
· long-term live-aboards are not opposed; however, any form of time limitation will reduce problem of abandoned or derelict vessels;
· live-aboards often provide valuable eyes and hands if problems occur; an asset in marinas in case of fire or storms;
· False Creek should be no-discharge zone; however, regulations should apply to everyone;
· navigable channel down middle of False Creek should be buoyed.

The following spoke in opposition to the recommendations:

Speakers' comments included:

· False Creek may not be the most appropriate place for long-term anchoring, but there is no alternative;
· live-aboards are no more a fire hazard than other types of residences;
· sufficient number of sewage pump-out facilities are not available;
· live-aboards are not opposed to regulations relating to sewage, but to be equitable, if discharge by live-aboards is not allowed, then no one should be allowed to discharge;

·suggested Heather Marina, which has facilities required by live-aboards, could administer an anchoring permit allowing live-aboards to use their facilities;
· most live-aboards are environmentally aware; would use facilities if available;
· regulations without time restrictions would achieve same effect as regulations with time restrictions;
· moving into marinas will not eliminate problems;
· provision of additional facilities (dinghy docks, garbage facilities and boating information centre) would make False Creek an attractive destination.

Mr. Smith, Mr. Michaels and Bruce Maitland, Director of Real Estate Services, responded to questions on congestion, safety and the potential of creating designated areas for non-motorized vessels. Mr. Michaels advised buoying the channel is unnecessary as water traffic has been properly managed.

Dave Rudberg, General Manager of Engineering Services, advised the City has initiated the process with the Federal government requesting False Creek be designated a no-discharge zone.

Staff responded to questions relating to the current 5-year waiting period for live-aboard slips in marinas and the limitation on the number allowed; the report back to Council will make recommendations as to whether this percentage should be increased.

Mr. Michaels noted sewage cannot be regulated by a boating restriction regulation. Mr. Rudberg advised the Memorandum of Understanding (MOU) would address as many issues as possible.

MOVED by Councillor Clarke
THAT the Committee recommend to Council

CARRIED
(Councillors Bass and Louis opposed)

MOVED by Councillor Louis
THAT the Committee recommend to Council

B. THAT the General Manager of Engineering Services request that the Canadian Coast Guard Office of Boating Safety pursue the requirement for a City of Vancouver issued permit to anchor in False Creek and that such a permit include conditions (for example a code of conduct, construction standards, etc.) that all anchoring boaters would have to adhere to in order to anchor in False Creek, and that the City of Vancouver be able to charge for this permit to cover the costs of administration and other services that may be provided.

CARRIED UNANIMOUSLY

MOVED by Councillor Clarke
THAT the Committee recommend to Council

C. THAT the General Manager of Engineering Services, in consultation with the Director of Legal Services develop, for City Manager review and approval, a Memorandum of Understanding (MOU) with the Canadian Coast Guard as to the management, implementation, and enforcement of the proposed Boating Restriction Regulation and THAT the General Manager of Engineering Services report back on the associated financial implications.

CARRIED
(Councillor Louis opposed)

The Committee adjourned at 5:15 p.m.

- - - - -

CITY OF VANCOUVER

REGULAR COUNCIL MEETING MINUTES
STANDING COMMITTEE OF COUNCIL ON
PLANNING AND ENVIRONMENT

NOVEMBER 22, 2001

A Regular Meeting of the Council of the City of Vancouver was held on Thursday, November 22, 2001, at 5:15 p.m. in Committee Room No. 1, Third Floor, City Hall, following the Standing Committee on Planning and Environment meeting, to consider the recommendations of the Committee.

PRESENT:

Mayor Philip Owen
Councillor Fred Bass
Councillor Jennifer Clarke
Councillor Daniel Lee
Councillor Don Lee
Councillor Tim Louis
Councillor Sandy McCormick
Councillor Gordon Price
Councillor Sam Sullivan

ABSENT:

Councillor Lynne Kennedy (Civic Business)
Councillor George Puil (Leave of Absence)

CITY MANAGER'S
OFFICE:

Judy Rogers, City Manager
Brent MacGregor, Deputy City Manager

CITY CLERK'S OFFICE:

Diane M. Clairmont, Meeting Coordinator

COMMITTEE OF THE WHOLE

MOVED by Councillor Don Lee
SECONDED by Councillor Clarke

THAT this Council resolve itself into Committee of the Whole, Mayor Owen in the chair.

CARRIED UNANIMOUSLY

COMMITTEE REPORTS

Report of Standing Committee on Planning and Environment
November 22, 2001

Council considered the recommendations of the Committee, as contained in the following clauses of the foregoing report:

Clauses 1 and 2

MOVED by Councillor Don Lee

THAT the recommendations of the Committee, as contained in Clauses 1 and 2 of this report, be approved.

CARRIED UNANIMOUSLY

Clause 3

MOVED by Councillor Don Lee

THAT the recommendations of the Committee, as contained in Clause 3 of this report, be approved.

CARRIED
(Councillors Bass and Louis opposed to Recommendation A)
(Councillor Louis opposed to Recommendation C)

RISE FROM COMMITTEE OF THE WHOLE

MOVED by Councillor Don Lee

THAT the Committee of the Whole rise and report.

CARRIED UNANIMOUSLY

ADOPT REPORT OF COMMITTEE OF THE WHOLE

MOVED by Councillor Don Lee
SECONDED by Councillor Price

CARRIED UNANIMOUSLY

ENQUIRIES AND OTHER MATTERS

1. Helmcken Street Parking Lot File (5653)

It was agreed staff would look into why the parking lot on Helmcken Street between Mainland and the lane was closed by a series of bollards and chains with no pedestrian access to cross.

The Council adjourned at 5:17 p.m.

* * * * *

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