Agenda Index City of Vancouver

4

REPORT TO COUNCIL

STANDING COMMITTEE OF COUNCIL
ON PLANNING AND ENVIRONMENT

SEPTEMBER 12, 2002

A Regular Meeting of the Standing Committee of Council on Planning and Environment was held on Thursday, September 12, 2002, at 2:00 p.m., in Committee Room No. 1, Third Floor, City Hall.

ADOPTION OF MINUTES

The Minutes of the Standing Committee on Planning and Environment meetings of July 25, August 1 and 14, 2002, were adopted.

RECOMMENDATION

1. Warning to Prospective Purchasers of 3313 Church Street (File 2701)

The Committee had before it an Administrative Report dated August 13, 2002, in which the City Building Inspector recommended a 336D Notice be filed against the title to the property at 3313 Church Street so that any prospective purchasers will be warned that there are violations of the Zoning and Development and Vancouver Building By-laws. The General Manager of Community Services supported the recommendation.

Peter Sweeney, Manager, Building Inspection, with the aid of overheads, reviewed the by-law violations in respect to this building. He noted the building is currently up for sale and there is a prospective purchaser who has expressed a desire to apply for a permit for the unauthorized work. However, given that the permit would likely not be approved without first receiving Board of Variance approval, it is staff's recommendation that a 336D Notice be placed on the title to this property.

MOVED by Councillor Louis
THAT the Committee recommend to Council

CARRIED UNANIMOUSLY
(Councillor Clarke absent for the vote)

2. Warning to Prospective Purchasers of 3016 West 19th Avenue (File 2701)

The Committee had before it an Administrative Report dated August 15, 2002, in which the City Building Inspector recommended a 336D Notice be filed against the title to the property at 3016 West 19th Avenue so that any prospective purchasers will be warned there are violations of the Zoning and Development and Vancouver Building By-laws. The General Manager of Community Services supported the recommendation.

Peter Sweeney, Manager, Building Inspection, provided an overview of the Administrative Report, and responded to questions regarding the request received by Council to approve an alternative option for by-law compliance, as put forward in the letter dated September 5, 2002, from Jonathan Baker, Counsel for the property owners (on file in the City Clerk's Office).

Jonathan Baker, Baker Corson & Baker, noted his client was not opposed to the filing of the 336D Notice, but was requesting that Council approve an alternative measure by which the building would be brought into compliance, rather than filling in the unapproved space. The proposed alternative is similar to a recent case in Burnaby in which a Supreme Court of BC ordered the construction of a wooden floor midway between the basement floor and the ceiling so as to create a 4 foot crawl space. Mr. Baker further noted that the current zoning of this property may change in the future, thus allowing the use of the extra floor area in the basement.

Mr. Sweeney responded to questions concerning the proposed alternative to filling in the unauthorized space, and on the usual inspection procedures.

MOVED by Councillor Louis
THAT the Committee recommend to Council

CARRIED UNANIMOUSLY

MOVED by Councillor Louis
THAT the Committee recommend to Council

LOST
(Councillors Clarke, Kennedy, Daniel Lee, Don Lee, McCormick, Puil, Sullivan and the Mayor opposed)

3. Demolition of Dangerous/Nuisance Building at 2921 Kingsway (File 2701)

The Committee had before it an Administrative Report dated August 19, 2002, which the City Building Inspector recommended Council declare the building and site at 2921 Kingsway dangerous to public safety and a nuisance and order the building demolished and the provision of a chain-link fence around the site to prevent access and dumping. It was also recommended a 336D Notice be filed against the Title to the property to warn prospective purchasers there are violations of the Vancouver Building, Standards of Maintenance, Electrical, Plumbing and Gas By-laws and also to warn of Council's demolition order.

Peter Sweeney, Manager, Building Inspection, with the aid of photos, reviewed the condition of the subject property.

MOVED by Councillor Louis
THAT the Committee recommend to Council

CARRIED UNANIMOUSLY

4. Noise By-law Miscellaneous Amendment (Hours for Testing Emergency Generators) (File 3755/113)

The Committee had before it an Administrative Report dated August 22, 2002, in which the Director of Environmental Health recommended amendments to the Noise Control By-law to bring it into line with the BC Fire Code and the City of Vancouver Fire By-law.

MOVED by Councillor McCormick
THAT the Committee recommend to Council

CARRIED UNANIMOUSLY
(Councillor Puil absent for the vote)

5. Pesticide Use Options for Private Properties in Vancouver (File 3501)

The Committee had before it an Administrative Report dated July 9, 2002, in which the General Manager of Parks and Recreation and Director of Health Protection, Vancouver Coastal Health Authority, reviewed options available to promote more responsible pest management on private lands, and recommended a consultation process be undertaken between various parties to address the options, develop and implement an education program, explore the possibility of formulating a coordinated regional approach to pesticide use restrictions. Also before Council was a letter dated July 23, 2002, from the General Manager of Parks and Recreation, outlining a related motion approved by the Vancouver Park Board at its July 22, 2002, meeting.

Nick Losito, Director of Environmental Health, and Piet Rutgers, Director of Planning and Operations, Parks and Recreation, with the aid of a PowerPoint presentation, provided an overview of the Administrative Report and the attached report prepared by the Vancouver Park Board and the Vancouver Coastal Health Authority, entitled "Pesticide Use Options for Private Properties in Vancouver".

Mr. Losito and Mr. Rutgers, along with Sophie Dessureault, Integrated Pest Management Coordinator, responded to questions regarding the feasibility of a future ban on pesticide use and enforcement measures in cities which have implemented bans.

The following speakers addressed Council in support of staff's recommendations, and also expressed support for a potential future ban on the use of cosmetic pesticides:

The following are some of the comments provided by the foregoing speakers:

· pesticides pose a risk to workers, animals, children and other people, particularly those with autoimmune disorders;
· alternatives to poisons exist and should be used;
· support expressed for a future ban on pesticide use, with the implementation details to be worked out through the proposed consultation process;
· there has been 40% drop in pesticide use by the industry, and industry representatives are almost in total agreement that integrated pest management is the best way to go;
· homeowners would prefer to make environmentally aware decisions and are ready to give up toxic garden chemicals, but require the knowledge in order to do so;
· should work towards solutions that are based on education and awareness, then perhaps look towards prohibitions;
· the Canadian Cancer Society is in support of a ban of any pesticide for cosmetic uses that has not be scientifically proven to be non-carcinogenic, and also supports a cautionary approach to the use of pesticides;

· Integrated Pest Management (IPM) is an integral program in the maintenance of VanDusen Gardens;
· SPEC supported staff's recommendations and also put forward a suggestion that taxes be shifted from employment income to industrial practices that cause environmental harm and urged Council send a message to the higher levels of government in this regard.

The following speakers addressed Council in support of staff's recommendations, and also expressed opposition to a future ban on the use of cosmetic pesticides:

The following are some of the comments provided by the foregoing speakers:

· support expressed for the use of IPM;
· one of the fundamentals of an IPM system is to use the softest approach; this may end up in some instances being the use of a pesticide;
· a ban on pesticide use would be very difficult to enforce, if impossible, and would result in more pesticides being applied by untrained homeowners, rather than trained professionals;
· responsible pesticide use is already happening in the industry;
· professional gardeners do not blanket spray with pesticides or use weed'n'feed products; rather, pesticides are applied in "spot treatments";
· studies of 24D, the most commonly used pesticide, has proven there are no health risks when applied properly;
· professional gardeners must pass stringent testing before being licensed to apply pesticides.

Staff responded to questions regarding ways in which the toxicity of a product may be determined, noting this will also be part of the information to come out of the consultation process.

MOVED by Councillor Clarke
THAT the Committee recommend to Council

CARRIED UNANIMOUSLY
(Councillor Puil absent for the vote)

The Committee adjourned at 5:15 p.m.

- - - - -

CITY OF VANCOUVER

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

SEPTEMBER 12, 2002

A Regular Meeting of the Council of the City of Vancouver was held on Thursday, September 12, 2002, 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.

COMMITTEE OF THE WHOLE

MOVED by Councillor Don Lee
SECONDED by Councillor McCormick

CARRIED UNANIMOUSLY

COMMITTEE REPORTS

Report of Standing Committee on Planning and Environment
September 12, 2002

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

Clauses 1-5

MOVED by Councillor Kennedy

CARRIED UNANIMOUSLY

Clause 2

MOVED by Councillor Louis

LOST
(Councillors Clarke, Kennedy, Daniel Lee, Don Lee, McCormick, Sullivan and the Mayor opposed)

RISE FROM COMMITTEE OF THE WHOLE

MOVED by Councillor Clarke

CARRIED UNANIMOUSLY

ADOPT REPORT OF COMMITTEE OF THE WHOLE

MOVED by Councillor Clarke
SECONDED by Councillor Don Lee

CARRIED UNANIMOUSLY

The Council adjourned at 5:20 p.m.

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pe020912.htm

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