|
REPORT TO COUNCIL STANDING COMMITTEE OF COUNCIL
JUNE 12, 2003 |
A Regular Meeting of the Standing Committee of Council on Planning and Environment was held on Thursday, June 12, 2003, at 2:20 p.m., in Committee Room No. 1, Third Floor, City Hall.
PRESENT: |
Councillor Anne Roberts, Chair
|
ABSENT: |
Councillor Jim Green (Leave of Absence - Civic Business)
|
CITY MANAGER'S OFFICE: |
Judy Rogers, City Manager |
CITY CLERK'S OFFICE: |
Laura Kazakoff, Meeting Coordinator |
*Denotes absence for a portion of the meeting on Leave of Absence for civic business.
ADOPTION OF MINUTES
The Minutes of the Standing Committee on Planning and Environment meeting of May 15, 2003, were adopted.
RECOMMENDATION
1. Nuisance Property at 3570 West 33rd Avenue (File 2701)
The Committee had before it an Administrative Report dated May 23, 2003, in which the City Building Inspector recommended that Council declare the condition of the property at 3570 West 33rd Avenue a nuisance and order the property owner to bring the property into compliance with the Standards of Maintenance and Untidy Premises By-laws. It was also recommended that a 336D Notice be filed against the title to the property to warn prospective purchasers of the by-law violations and of Council's resolution. The General Manager of Community Services recommended approval of staff's recommendations.
Peter Sweeney, Manager, Building Inspection, with the aid of photographs, reviewed the condition of the subject property and noted that the miscellaneous debris referred to in the report recommendations was contained not only in the yards, but also in the carport.
Charles Wilms spoke in support of staff's recommendations, and noted the subject property is being operated as a junk business by the occupant. Mr. Wilms noted the lane is always full of broken glass and other hazardous debris dropped by the occupant while unloading junk from his trunk, creating an unsafe environment for children. He further cited noise concerns as this unloading often occurs in the middle of the night.
MOVED by Mayor Campbell
THAT the Committee recommend to Council
A. THAT Council declare that the condition of the building and property at 3570 West 33rd Avenue, Lot 9, Block 43, District Lot 2027 Plan 3405 PID 009-146-202 is a nuisance pursuant to Section 324A of the Vancouver Charter.
B. THAT Council approve the Resolution (as amended at the meeting on June 12, 2003, to include the words "and carport" wherever the word "yards" appears) attached to the Administrative Report dated May 23, 2003, and order the Registered owner of the property to remove all debris, miscellaneous items and materials stored in the yards and carport and remove all unlicensed, dismantled or wrecked vehicles parked/stored in the yards and carport within 30 days of a copy of the Resolution being served pursuant to Section 324A of the Vancouver Charter.
C. THAT in the event of the failure of the owner to comply with the order of Council, Council further orders and hereby authorizes the City Building Inspector to have all miscellaneous items stored in the yards and carport and all unlicensed, dismantled or wrecked vehicles parked/stored in the yards and carport removed, disposed of or sold pursuant to Section 324A(2) of the Vancouver Charter . Council further orders that from the proceeds of such sale or disposal shall be deducted for the use of the city the actual costs and disbursements incurred by the city in carrying out the removal, sale and disposal and the remainder of such proceeds shall be paid by the city to the owner.
D. THAT in the event of the failure of the owner to allow the City Building Inspector and/or his designate access to the site to carry out the work as outlined in Recommendation C above, 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 3570 W 33rd Avenue and may, in her discretion, seek injunctive relief in that action or proceeding, in order to bring this property into compliance with City By-laws.
E. THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the property at 3570 W 33rd Avenue in order to warn prospective purchasers that there are violations of the Standards of Maintenance and Untidy Premises By-laws related to this property and that there is an order of Council against the property.
CARRIED UNANIMOUSLY
(Councillor Stevenson absent for the vote)
2. Warning to Prospective Purchasers of 3435 Worthington Drive (File 2701)
The Committee had before it an Administrative Report dated May 23, 2003, in which the City Building Inspector recommended a 336D Notice be placed on title to the property at 3435 Worthington Drive to warn prospective purchasers that there are violations of the Vancouver Building and Zoning and Development By-laws. The General Manager of Community Services recommended approval.
Peter Sweeney, Manager, Building Inspection, with the aid of overheads, reviewed the illegal addition to the rear of the house, which was built without a permit.
MOVED by Councillor Bass
THAT the Committee recommend to Council
THAT the City Clerk be directed to file a 336D Notice against the title to the property at 3435 Worthington Drive (Lot 59, Block 9, District Lot Sec 40 & 41 THSL, Plan 8268) in order to warn prospective purchasers that there are contraventions of the Zoning and Development and Vancouver Building By-laws related to this building.
CARRIED UNANIMOUSLY
(Councillor Stevenson absent for the vote)
3. Warning to Prospective Purchasers of 1160 Davie Street (File 2701)
The Committee had before it an Administrative Report dated May 23, 2003, in which the City Building Inspector recommended a 336D Notice be placed on the title to this property in order to warn prospective purchasers that there are contraventions of the Zoning and Development and Vancouver Building By-laws in relation to the building. The General Manager of Community Services recommended approval.
Dave Jackson, Director of Inspections and Deputy City Building Official, reviewed the report and provided an update as to the status of the current situation, noting that the owners have made an application for a permit for the work which has been carried out. He advised that as a precautionary measure the 336D Notice be proceeded with, until it is determined what approvals will be obtained, and until the building is in compliance with City by-laws.
Michael Akerly, Solicitor, advised he represented the mortgage lender, and on behalf of his client requested some clarification with regard to the C-5 zoning.
MOVED by Councillor Woodsworth
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 1160 Davie Street, ( Lots 5 West Hlf to 8 East Hlf, Block 25, District Lot 185, Plan 92) 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 1160 Davie Street 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 Campbell and Councillor Stevenson absent for the vote)
4. Proposed Amendment to Subdivision By-law No. 5208 (File 113)
The Committee had before it an Administrative Report dated May 7, 2003, in which the Subdivision Approving Officer recommended approval of an application to reclassify the property at 4593 West 5th Avenue from Category C to Category B for the purpose of subdivision in accordance with the minimum parcel size requirements of Table 1, Schedule A, of the Subdivision By-law. The General Manager of Community Services recommended approval.
Rick Scobie, Subdivision Approving Officer, provided Council with an overview of subdivision categories, and explained the rationale for recommending approval of the application to reclassify this property, which would then allow the property owner to come forward at some time in the future to apply to subdivide this property into two lots.
The following spoke in opposition to the recommendations to approve the reclassification request and amend the Subdivision By-law:
Gord McQueen (materials filed)
Ric Pow (materials filed)
Peter Gleadow (materials filed)
Comments made by the foregoing speakers included the following:
· approval of this reclassification will set a dangerous precedent for other neighbourhoods, and will only serve to provide a financial benefit to the property owner;
· the current 80 foot lot is not an anomaly, nor is it out of context with the surrounding vicinity; 40 foot lots, however, would be out of context with the established lot pattern in the west half of the block;
· increased building mass and significantly reduced side yards will result from 40 foot lots;
· the type of home typically built on a 40 foot lot would be out of character with the existing houses on the 50 foot lots;
· most of the reclassification requests are by people who have recently purchased their properties, and only want to demolish the existing character house, subdivide and make a profit by building and selling two houses.
Stuart Howard, architect (applicant) spoke in support of the recommendations, noting that this property is the only 80 foot lot in the block. Mr. Howard advised that the application was made with the intention of modifying the existing house on the west side of the lot to allow it to fit on a smaller lot, to retain a large tree on the front of the lot which will be basically on the property line between the two smaller lots, and to ultimately end up with two well-designed houses.
Mr. Scobie and Jacquie Forbes-Roberts, General Manager of Community Services, responded to questions concerning RS-1 zoned neighbourhoods and whether they will be given another opportunity to rezone to RS-5 or RS-6, as had occurred several years ago.
MOVED by Councillor Louie
THAT the Committee recommend to Council
A. THAT Council approve the application to reclassify the property at 4593 West 5th Avenue from Category C to Category B of Table 1, Schedule A, of Subdivision By-law No. 5208
B. THAT the Director of Legal Services be authorized to prepare the necessary by-law amending the Subdivision By-law implementing the required changes.
CARRIED UNANIMOUSLY
(Mayor Campbell and Councillor Stevenson absent for the vote)
5. West Nile Virus Surveillance and Mosquito Control Procedures for Vancouver (File 4101)
Vancouver City Council, at its meeting on May 27, 2003, had for consideration an Administrative Report dated May 14, 2003. Council at that meeting approved Recommendation A from the report and referred Recommendation B to a future Standing Committee meeting in order to hear from speakers. Council had also requested that ecologists with expertise in insects be invited to speak.
Accordingly, before Council was the Administrative Report, as well as memoranda from the Medical Health Officer, dated June 9, 2003, and the Director of Planning and Operations, Park Board, dated June 5, 2003.
Susan Mundick, General Manager of Parks and Recreation, introduced staff members in attendance, including Dr. Eileen Wardle, who has been hired to do the monitoring referred to in the report. Nick Losito, Director, Vancouver Coastal Health Authority, provided an overview of the key points from the Medical Health Officer's memo. Sophie Dessurrault, Integrated Pest Management Coordinator, advised that the program being recommended by staff is in keeping with the City's current integrated pest management strategy.
Staff responded to questions concerning risk of disease transmission by mosquitoes, and measures used by other cities in controlling mosquito breeding in catch basins.
Dr. Michael Jackson, Acroloxus Wetlands Conservancy, with the aid of a PowerPoint presentation, provided an overview of mosquitoes' life cycles, conditions under which they thrive, and made suggestions on "habitat enhancement" measures which would reduce mosquito numbers, thereby saving money on larvicides. Dr. Jackson stressed that the use of larvicides does not negatively impact on mosquito predators or other life forms in areas where they are used, nor do they harm the overall food web. He further suggested, however, that the use of adulticides not be undertaken as they are not effective for killing mosquitoes, but will kill off their natural predators.
Bev Ramey (brief filed), spoke in opposition to the use of larvicides, noting that BTI is specific to all the true flies and as such will wipe out more than just mosquito larvae. Ms. Ramey also noted that the likelihood of human infection of West Nile Virus from a mosquito is extremely small, and the risk that the infection would be of a serious nature is even smaller. Ms. Ramey requested that if the use of larvicides were approved that they not be used in areas where natural predators are present.
Kyla Tienhaara, Society Promoting Environmental Conservation (brief filed), supported the report recommendations which call for surveillance, prevention, and control of mosquito larvae. Ms. Tienhaara expressed concern, however, that the use of adulticides may be retained as an option for the future. Ms. Tienhaara provided information regarding malathion, advising that its use could have serious negative impacts on both human and non-human health and cause environmental damage, in addition to wiping out mosquitoes' natural predators.
MOVED by Councillor Cadman
THAT the Committee recommend to Council
A. THAT the City Manager be authorized to initiate the larvicide treatment program as described in the Administrative Report dated May 14, 2003, entitled "West Nile Virus Surveillance and Mosquito Control Procedures for Vancouver", should circumstances warrant such an action, up to a maximum expense of $100,000 with funding to be provided from Contingency Reserve funds;
AND FURTHER THAT the use of adulticides, either by the City of Vancouver or as part of a GVRD program, not be undertaken.
B. THAT Vancouver City Council request the Vancouver Coastal Health Authority, in conjunction with the Parks and Recreation Department and the Vancouver School Board to develop an education program around West Nile Virus issues in forthcoming years.
CARRIED UNANIMOUSLY
(Mayor Campbell absent for the vote)
6. Noise By-law - Miscellaneous Amendments (Construction Noise) (File 113)
The Committee had before it a Policy Report dated April 30, 2003, in which the Director of Health Protection, Vancouver Coastal Health Authority, put forward recommendations to address noise issues related to construction in the city, and to address a number of outstanding issues identified by the Urban Noise Task Force. The City Manager recommended approval.
Nick Losito, Director of Health Protection, provided an overview of the recommendations and responded to questions regarding which noise concerns highlighted by the Task Force still need to be addressed.
Peter Simpson, Greater Vancouver Homebuilders Association, spoke in opposition to staff's recommendation, and in particular to the reference to construction noise as "objectionable". Mr. Simpson noted that the sound of construction is representative of economic and urban growth and pointed out that the industry does not create growth, but responds to it. He also expressed concern that the proposed amendments would remove accountability, allowing anonymous complaints to be made, and that the measurement of the sound level at the boundary of the construction site would further restrict the industry. Mr. Simpson further advised that he felt the industry was not adequately consulted or followed-up with during the process.
Mr. Losito, and Doug Glenn, Senior Health Inspector, responded to questions concerning the proposed measurement point for the decibel levels, and why 85 db was chosen as the maximum allowable noise level at the measurement point. Staff noted that there are only a few pieces of equipment which operate at that level and are not generally run for long periods of time. It was also noted that the word "objectionable" is prescribed by the Vancouver Charter.
MOVED by Councillor Cadman
THAT the Committee recommend to Council
A. THAT Vancouver City Council declare construction noise, outside of the hours permitted in the Noise Control By-law and which can be easily heard by an individual or member of the public who is not on the same premises, to be an objectionable noise, and therefore prohibited.
B. THAT the Noise Control By-law be amended to require that signage be posted at all construction sites, except single and two family dwellings, with a building permit value in excess of $500,000, advising the public of the applicable sections of the Noise Control By-law, the name of the construction firm, the name and phone number of a person within that firm who may be contacted during all on-site working hours and the City Noise Complaint telephone numbers.
C. THAT Section 15 of the Noise Control By-law be amended to provide for the 85 decibel limit to be measured at the boundaries of the construction site, providing reduced noise levels at the nearest residential point of reception.
D. THAT the application fee for the Mayor's permission referred to in Section 17(2)(i) of the Noise Control By-law be increased to $75 to better reflect the actual costs of processing these applications, that the application procedure laid out in Section 17(2) be moved to an Appendix of the Noise Control By-law and that Section 17 be amended accordingly.
E. THAT the Director of Legal Services bring forward for consideration by Council the Noise Control By-law amendments necessary to implement Council's decisions.
F. THAT Vancouver City Council request the Director of Health Protection, Vancouver Coastal Health Authority, to meet with the Construction Industry regarding the by-law amendments and to monitor the situation for a report back to Council within one year.
CARRIED UNANIMOUSLY
(Mayor Campbell absent for the vote)
7. Public Notification Process for Pre-Purchasers (File 2603/5302)
The Committee had before it a Policy Report dated May 6, 2003, in which the Director of Development Services and Director of Current Planning recommended a six-month trial of a revised notification process for sites which are the subject of a conditional development application or a rezoning application to include a proviso that registered owners must forward the notification to parties with whom they have contracted to sell their property to. As an alternative to that recommendation it was also put forward for consideration that the City continue on with it's current methods of notifying the public of development and rezoning initiatives. The General Manager of Community Services supported the recommendation and also put forward the alternative option for consideration.
Rick Scobie, Director of Development Services, provided an overview of the staff report.
Rider Cooey spoke in favour of Recommendation A, but suggested increasing the trial period to one or two years, and revising the recommendation to include registered owners of nearby properties within a specified distance, such as 500 metres.
Mr. Scobie responded to questions concerning the length of the trial period, noting that a longer trial would be acceptable as long as staff were able to report to Council sooner if problems arose. He also noted that the range of nearby property owners to be notified of development applications is at the discretion of the Director of Planning.
MOVED by Councillor Cadman
THAT the Committee recommend to Council
THAT, for a 12-month trial period or a report back to Council sooner if necessary, where a site is the subject of a conditional development application or a rezoning application, the City will modify courtesy notification letters to registered property owners by adding a proviso that if the registered property owner has entered into a sale/purchase agreement with another individual(s), the owner be asked to immediately forward the letter to their respective sale/purchase agreement party(ies).
CARRIED UNANIMOUSLY
The Committee adjourned at 5:35 p.m.
* * * * *
|
CITY OF VANCOUVER REGULAR COUNCIL MEETING MINUTES
JUNE 12, 2003 |
A Regular Meeting of the Council of the City of Vancouver was held on Thursday, June 12, 2003, at 5:35 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: |
Deputy Mayor Raymond Louie
|
ABSENT: |
Mayor Larry Campbell (Leave of Absence - Civic Business)
|
CITY MANAGER'S OFFICE: |
Judy Rogers, City Manager |
CITY CLERK'S OFFICE: |
Laura Kazakoff, Meeting Coordinator |
COMMITTEE OF THE WHOLE
MOVED by Councillor Cadman
SECONDED by Councillor Stevenson
THAT this Council resolve itself into Committee of the Whole, Deputy Mayor Louie in the Chair.
CARRIED UNANIMOUSLY
CITY MANAGER'S ADMINISTRATIVE REPORTS
1. Business License Hearing panel for June 24, 2003 (File 2711-1)
MOVED by Councillor Bass
THAT Council delegate the holding of a business license hearing presently scheduled for June 24, 2003, from 9:30 a.m. to 12:30 p.m. to a panel of three Council Members, pursuant to Section 277.1 of the Vancouver Charter, as follows:
The business license hearing pursuant to Section 275 of the Vancouver Charter regarding a referral to Council by the Chief License Inspector for the year 2003 business license application of Kim Dai Kwan dba Empress Hotel at 235 East Hastings Street and the power to make a Council decision in relation to that hearing be delegated to:
Councillor Tim Louis, Chair
Councillor Peter Ladner
Councillor David Cadman.
Should any of the above Members of Council be unable to attend the hearing, the hearing and the power to make a Council decision in relation to the hearing be delegated to the remaining two Councillors and alternate Councillor Sam Sullivan.
CARRIED UNANIMOUSLY
COMMITTEE REPORTS
Report of Standing Committee on Planning and Environment
June 12, 2003
Council considered the recommendations of the Committee, as contained in the following clauses of the foregoing report:
Cl.1: Nuisance Property at 3570 West 33rd Avenue
Cl.2: Warning to Prospective Purchasers of 3435 Worthington Drive
Cl.3: Warning to Prospective Purchasers of 1160 Davie Street
Cl.4: Proposed Amendment to Subdivision By-law No. 5208
Cl.5: West Nile Virus Surveillance and Mosquito Control Procedures for Vancouver
Cl.6: Noise By-law - Miscellaneous Amendments (Construction Noise)
Cl.7: Public Notification Process for Pre-Purchasers
MOVED by Councillor Roberts
THAT the recommendations of the Committee, as contained in Clauses 1-7 of this report, be approved.
CARRIED UNANIMOUSLY
RISE FROM COMMITTEE OF THE WHOLE
MOVED by Councillor Roberts
THAT the Committee of the Whole rise and report.
CARRIED UNANIMOUSLY
ADOPT REPORT OF COMMITTEE OF THE WHOLE
MOVED by Councillor Stevenson
SECONDED by Councillor Sullivan
THAT the report of the Committee of the Whole be adopted.
CARRIED UNANIMOUSLY
The Council adjourned at 5:40 P.M.
* * * * *
