35
City of Revelstoke Council Report File No.: 3360-20, ZON 2016-46 To: His Worship Mayor McKee and Members of City Council From: Dean Strachan, MCIP, RPP Manager of Development Services Date: November 23, 2016 Subject: Rezoning – Vacation Rental – 306 Downie Street RECOMMENDATION: 1. THAT the application to rezone a portion of Lot 1 Section 26 Township 23 Range 2 West of the 6th Meridian Kootenay District Plan 9471 (306 Downie Street) from R2A – Special Low Density Residential District to R2Av – Special Low Density Vacation Rental District be approved. 2. THAT Zoning Amendment Bylaw No. 2163 be read a First and Second time and staff be directed to schedule a Public Hearing. CAO Comments: Approved for Council consideration. AC Background: Located on the subject property at 306 Downie Street is an existing single family dwelling (see Figure 1). The owner has a Preliminary Layout Approval (PLA) to subdivide the subject property into two lots. The property has an Official Community Plan (OCP) land use designation of T4 – Walk Up Residential (see Figure 2) and is zoned R2A –Special Low Density Residential District (see Figure 3). The owner, Walter Maki, has applied to rezone the portion of the property where the new vacant lot is to be created to the R2Av – Special Low Density Residential Vacation Rental District subzone. The owner is applying for a rezoning in order to allow for short term (less than 30 days) Vacation Rental use. The owner has applied for a four bedroom full home Vacation Rental to be constructed in the future on the yet to be created new vacant lot (see Figure 4). If Council approves the rezoning application, grants First and Second Readings to Zoning Bylaw No. 2163 and approves scheduling of a Public Hearing, neighbouring property owners and occupants within 100m of the subject property would then be sent a notice of the Public Hearing along with an information package. Ads notifying the community of the Public Hearing would

City of Revelstoke

  • Upload
    others

  • View
    4

  • Download
    0

Embed Size (px)

Citation preview

City of Revelstoke Council Report

File No.: 3360-20, ZON 2016-46

To: His Worship Mayor McKee and Members of City Council From: Dean Strachan, MCIP, RPP Manager of Development Services Date: November 23, 2016 Subject: Rezoning – Vacation Rental – 306 Downie Street

RECOMMENDATION:

1. THAT the application to rezone a portion of Lot 1 Section 26 Township 23 Range 2 West of the 6th Meridian Kootenay District Plan 9471 (306 Downie Street) from R2A – Special Low Density Residential District to R2Av – Special Low Density Vacation Rental District be approved.

2. THAT Zoning Amendment Bylaw No. 2163 be read a First and Second time and staff be directed to schedule a Public Hearing.

CAO Comments:

Approved for Council consideration. AC

Background:

Located on the subject property at 306 Downie Street is an existing single family dwelling (see Figure 1). The owner has a Preliminary Layout Approval (PLA) to subdivide the subject property into two lots. The property has an Official Community Plan (OCP) land use designation of T4 –Walk Up Residential (see Figure 2) and is zoned R2A –Special Low Density Residential District (see Figure 3). The owner, Walter Maki, has applied to rezone the portion of the property where the new vacant lot is to be created to the R2Av – Special Low Density Residential Vacation Rental District subzone.

The owner is applying for a rezoning in order to allow for short term (less than 30 days) Vacation Rental use. The owner has applied for a four bedroom full home Vacation Rental to be constructed in the future on the yet to be created new vacant lot (see Figure 4). If Council approves the rezoning application, grants First and Second Readings to Zoning Bylaw No. 2163 and approves scheduling of a Public Hearing, neighbouring property owners and occupants within 100m of the subject property would then be sent a notice of the Public Hearing along with an information package. Ads notifying the community of the Public Hearing would

City of Revelstoke Council Report

also be placed in the newspaper. The following definition for Vacation Rental from the Zoning Bylaw No. 1264 includes limiting regulations for the use:

Vacation Rental – means the licensed use of a residential single detached dwelling or a licensed secondary suite as temporary lodging (less than 30 days at any one time) for paying guests. Vacation Rental use is restricted to a total of no more than 120 days per calendar year. The maximum occupancy shall be calculated based on two adults per licensed bedroom with a total maximum occupancy of eight people. No signage shall be permitted. The property owner is to provide a contact number for themselves or a representative located within the City and available 24 hours a day. The contact number is to appear on the Business License posted in the Vacation Rental Unit.

Zoning Bylaw No. 1264 also provides the following vehicle parking requirements:

Vacation Rental parking requirement is one parking space per licensed bedroom within

the vacation rental unit up to a maximum of four parking spaces. No more than two parking spaces are permitted within the front yard area. The property owner is to request that Vacation Rental guests park all vehicles within the allocated parking areas on the property.

The annual Business License fee for Vacation Rental units is $200.00 plus $5.00 per licensed bedroom. The owner would require a Business License, which would require an inspection of the subject property by the Fire Department and the Chief Building Official as a part of the Business License Application review process. Options / discussion:

There are currently no properties on Downie Street that are zoned for vacation rental use. The subject property is located within an established residential neighbourhood with a mix of newer and older homes.

If Council does not support the application proceeding, the owners would be notified and the file would be closed.

Financial / Risk Implications:

No financial or risk implications are anticipated from the proposed recommendation.

Others Consulted:

The following City of Revelstoke Departments and outside agencies received referrals for the subject application: Engineering, Operations, Building, Parks, Recreation & Culture, RCMP, Fire Rescue Services, BC Hydro, Interior Health, Fortis, Telus, and RCTV. No referral responses with concerns were received.

City of Revelstoke Council Report

Attachments: Figure 1 – Context Map Figure 2 – Official Community Plan Designation Map Figure 3 – Zoning District Map Figure 4 – Subdivision Plan Figure 5 – Application Form Figure 6 – Certificate of Title Figure 7 – Bylaw No. 2163 Respectfully submitted, Dean Strachan, MCIP, RPP Manager of Development Services

Os

ca

rS

t

Os

ca

rS

tT o w n l e y S t

T o w n l e y S t

Do wn ie S t

306

805

305

307309

303

Context Map

±

Figure 1

Os

ca

rS

t

Os

ca

rS

tT o w n l e y S t

T o w n l e y S t

Do wn ie S t

SD - PublicUtilities

T4Limited

SD - M3

T1

T1 - WET

T4SLR

T4Limited

Official Community PlanLand Use Designation Map

±

Figure 2

Os

ca

rS

t

Os

ca

rS

tT o w n l e y S t

T o w n l e y S t

Do wn ie S t

M1

C4

R2A

Zoning District Map

±

Figure 3

Figure 4

cselvig
Callout
Proposed R2v zoning district to permit vacation rental use.
cselvig
Callout
R2 zoning district to remain unchanged on remainder of property.

Figure 5

Land Title District NELSONLand Title Office NELSON

Title Number KL116254From Title Number L11849

Application Received 1997-10-24

Application Entered 1997-10-24

Registered Owner in Fee SimpleRegistered Owner/Mailing Address: WALTER FREDERICK JOHN MAKI, CPR RETIREE

BOX 391REVELSTOKE, BCV0E 2S0

Taxation Authority VERNON ASSESSMENT AREA

Description of LandParcel Identifier: 013-130-129Legal Description:

LOT 1 SECTION 26 TOWNSHIP 23 RANGE 2 WEST OF THE 6TH MERIDIAN KOOTENAYDISTRICT PLAN 9471

Legal Notations NONE

Charges, Liens and Interests NONE

Duplicate Indefeasible Title NONE OUTSTANDING

Transfers NONE

Pending Applications NONE

**CURRENT INFORMATION ONLY - NO CANCELLED INFORMATION SHOWN**

TITLE SEARCH PRINT 2016-09-20, 09:46:40

File Reference: Requestor: Nikki Ball

Declared Value $100700

Title Number: KL116254 TITLE SEARCH PRINT Page 1 of 1

Figure 6

CITY OF REVELSTOKE

BYLAW NO. 2163

Being a Bylaw to Amend Zoning Bylaw No. 1264, 1984

WHEREAS the Council of the City of Revelstoke has adopted the City of Revelstoke

Zoning Bylaw No. 1264, 1984;

AND WHEREAS Council has deemed it desirable to rezone certain lands and that the

Zoning Map referred to as Schedule ‘A’ (Official Zoning Map) of Zoning Bylaw No.

1264, 1984 be amended accordingly:

Applicant: Walter Frederick John Maki

Location: 306 Downie Street

NOW THEREFORE the Municipal Council of the City of Revelstoke, Province of

British Columbia, in open meeting assembled ENACTS AS FOLLOWS:

1. THAT this Bylaw may be cited for all purposes as the “Zoning Amendment

Bylaw No. 2163”.

2. THAT Zoning Bylaw No. 1264, 1984, Schedule A be amended by changing the

zoning designation of:

A portion of Lot 1 Section 26 Township 23 Range 2 W6M Kootenay District Plan

9471 from Special Low Density Residential District (R2A) to Special Low

Density Residential Vacation Rental District (R2Av) as shown cross hatched on

the map attached to and forming a part of this bylaw as Appendix “A”.

READ A FIRST TIME THE _____ DAY OF __________, 2016.

READ A SECOND TIME THE _____ DAY OF __________, 2016.

PUBLIC HEARING HELD THE ____ DAY OF __________, 2016.

READ A THIRD TIME THE _____ DAY OF __________, 2016.

APPROVED BY THE MINISTRY OF TRANSPORTATION AND

INFRASTRUCTURE, PURSUANT TO THE TRANSPORTATION ACT, ON

THE ____ DAY OF __________, 2016. ____________________________________

Ministry of Transportation and Infrastructure

ADOPTED THIS ___ DAY OF ________, 2016.

_________________________________ ______________________

Director of Corporate Administration Mayor

Certified a true copy, this _____________ day of _____________, _______________.

__________________________________________

Figure 7

Zoning Amendment Bylaw No. 2163 Page 2

Appendix “A”

Property Subject to Bylaw No. 2163:

A portion of Lot 1 Section 26 Township 23 Range 2 W6M Kootenay District

Plan 9471

306 Downie Street

From: Special Low Density Residential District (R2A)

To: Special Low Density Residential Vacation Rental District (R2Av)

CITY OF REVELSTOKE

MINUTES OF THE REGULAR COUNCIL MEETING

HELD ON TUESDAY, DECEMBER 6, 2016

IN COUNCIL CHAMBERS

COMMENCING AT 3:00 PM

PRESENT Mayor M. McKee

Councillors: C. Brothers, S. Duke, T. English, L. Nixon, A. Orlando &

G. Sulz

Staff: A. Chabot*, Chief Administrative Officer

D. Low, Director of Corporate Administration

C. Floyd, Administrative Assistant

T. LeRose, Manager of Legislative Services

T. McCabe*, Deputy Director of Finance

D. Strachan, Manager of Development Services

L. Donato, Director of Parks, Recreation & Culture

A. Mason*, Director of Community Economic Development

R. Girard, Fire Chief

S/Sgt. K. Grabinsky*, RCMP Revelstoke Detachment

Others: A. Cooper, Revelstoke Times Review

D. Rooney, Revelstoke Current

E. Kemp*, Revelstoke Mountaineer

B. Dawbin, Applicant

J. Warren, Applicant

G. Jones, Applicant

G. Pendergast, Revelstoke Arts Council

26 Guests*

*Attended a portion of the meeting only

1 CALL TO ORDER

Mayor McKee called the meeting to order at 3:00 pm

NOTE: Councillor Duke recused himself at 3:01 pm due to a conflict arising from his

business related to Vacation Rentals.

NOTE: Councillor Brothers recused herself at 3:01 pm due to a conflict arising from a

solicitor / client relationship.

2 PUBLIC HEARING

Mayor McKee explained that the purpose of a Public Hearing is to provide the public with

an opportunity to make representations to Council who believe that their interests are

affected by the proposed bylaws.

a) Development Services - ZON2016-36 Zoning Amendment Bylaw 2148 - Vacation

Rental - 424 Third Street East - Bryce Dawbin, John Borlase and Joanne Borlase

Council Regular Minutes Tuesday, December 06, 2016 P a g e | 2

D. Low, Director of Corporate Administration confirmed that all due process was followed

and five public submissions opposed and one submission from the property owner

explaining his intentions were received.

McKee called for comments from the established Speakers List.

Bryce Dawbin and Ashley Borlais - Applicants

Mr. Dawbin advised that they applied for rezoning for future options. He explained that

many of the neighbour concerns were pre-existing conditions. Mr. Dawbin advised that

Ashley will be managing the property and of the 120 allowable rental days, all may not be

during the winter months.

Mort Rafuse - 418 Third Street East

Mr. Rafuse was opposed to the rezoning application. He advised that he and his wife have

enjoyed the consistency of the neighbourhood for the last 41 years and did not want a

vacation rental in their neighbourhood. Mr. Rafuse stated that parking was consistently an

issue and that he was also concerned that there would be no turning back after the

rezoning is approved. Mr. Rafuse advised that he would be okay with long term rental.

Jim Abramson - 426 Third Street East

Mr. Abramson was opposed to the rezoning application. He advised that his major

concern was parking but was also concerned about parties and snow removal.

Shaun Aquiline - 430 Third Street East

Mr. Aquiline was opposed to the rezoning application. He advised that parking was the

biggest issue with snow removal, he also had safety concerns.

Leon Remus - 420 Third Street

Mr. Remus was opposed to the rezoning application. He congratulated the owners on

improving the building. Mr. Remus was concerned with traffic and parking. Mr. Remus

also expressed concern regarding a revolving door of people coming with little or no

investment in the neighbourhood. He stated that he was in favor of long term rentals.

Jill Zacharias - Third Street

Ms. Zacharias was opposed to the rezoning application. She explained that all of the

neighbours on that side of the street were opposed. Ms. Zacharias was concerned with

parking and snow removal and explained that the neighbours work with each other to

ensure that the snow removal could be completed properly. She stated that the City does

not plow the alley, the neighbours all pay individually to have the alley cleared.

Mayor McKee called for comments from the public a first time.

Stephanie Melnyk - 406 Robson Avenue

Ms. Melnyk was opposed to the rezoning application. She explained that she approached

the property owner and found common ground. Ms. Melnyk inquired about moving

forward with a difference approach such as attaching the rezoning to both the applicant

and the property rather than only the property. She stated that she had concerns about the

impacts on the rental market.

Bryce Dawbin - Applicant

Mr. Dawbin stated that he would not be opposed to having the Vacation Rental status

become non-transferable. Mr. Dawbin explained that he is not introducing any new

parking or snow removal issues and showed Council a photo of parking plan located at

the rear of the lot and explained that the parking area would be heated.

Council Regular Minutes Tuesday, December 06, 2016 P a g e | 3

Cathy Storr -

Ms. Storr was opposed to the rezoning application. She was concerned about parking,

snow removal and noise. Ms. Storr also expressed concern about the property containing

only one bathroom for 6-8 people.

Bryce Dawbin - Applicant

Ms. Dawbin responded by advising that a secondary bathroom had been roughed in.

Shaun Aquiline -

Mr. Aquiline reiterated his concern with parking and inquired whether or not he would

have to apply for Vacation Rental zoning to be permitted to park in the back of his

property.

Mayor McKee encouraged any neighbours with parking concerns related to their own

properties to go see Development Services to discuss available parking options.

Mayor McKee called for comments from the public a second time.

Brian Tobin - 1089 McCarty Crescent

Mr. Tobin expressed concern about the impact that Vacation Rentals have on people who

have already invested in the community. He stressed that being ‘good neighbours’ was

what its all about.

Andy Siegel - 503 Third Street East

Mr. Siegel was opposed to the rezoning application. He advised that he did not think that

the downtown core was the best location for Vacation Rentals. Mr. Siegel was concerned

with parking and snow removal.

Mayor McKee called for comments from the public a third and final time. Upon hearing

none, the following resolution was made: Moved by Councillor Nixon

Seconded by Councillor English

THAT the Public Hearing end at 3:49 pm.

CARRIED

Moved by Councillor Nixon

Seconded by Councillor English

THAT Zoning Amendment Bylaw 2148 be read a Third time.

DEFEATED

Unanimously

NOTE: Mayor McKee called for a recess at 3:53 pm.

NOTE: Councillor Brothers returned to the meeting at 3:59 pm.

NOTE: The meeting reconvened at 3:59 pm.

Council Regular Minutes Tuesday, December 06, 2016 P a g e | 4

b) Development Services - ZON2016-37 Zoning Amendment Bylaw 2149 -

Vacation Rental - 2101 Mary Hansen Place - Evelyn Ens and John Warren

D. Low, Director of Corporate Administration confirmed that all due process was followed

and that four opposed public submissions were received prior to publishing the agenda

and one opposed submission was received since publishing from A. Davies and she read

the submission to Council.

McKee called for comments from the established Speakers List.

John Warren - Applicant

Mr. Warren explained that he purchased the property in 2008 but since that time, his wifes

employment situation changed their intentions. Rezoning to a Vacation Rental would

allow them to have two homes. He explained that their plan was to use the property as a

Vacation Rental until they are able to return to Revelstoke in 4-5 years. Mr. Warren

expressed a desire for his property to hold a short term change instead of permanent

rezoning.

Fred Olsson – 2102 Mary Hansen Place

Mr. Olsson was opposed to the rezoning application. He stated that the rezoning

amendment would be a death sentence for the neighbourhood and urged Council to

protect the area.

Mayor McKee called for comments from the public a first time.

Dorothy Scott - 2017 Laforme Boulevard

Ms. Scott advised that she was not necessarily opposed. She spoke of the strict rules in

place for Vacation Rentals she had stayed in. Ms. Scott echoed the concerns of the

neighbourhood with respect to noise, parking and snow removal. She did not think that

the RCMP should have to enforce noise issues related to Vacation Rentals.

Property Manager - 2038 Highland Road

The Property Manager stated that although the neighbours concerns were legitimate, she

would be the enforcer and screen all potential guests. She explained that someone had to

be over the age of 30 to rent this property and that she would be on call 24/7.

Mayor McKee called for comments from the public a second time.

Brian Kozak – 2105 Mary Hansen Place

Mr. Kozak was opposed to the rezoning application. He stated that his main concern was

the permanence of the zoning change. Mr. Kozak inquired about what recourse

neighbours and Council would have if things go south.

Mayor McKee explained the business license process and the possibility of not renewing

licenses if problems were significant.

Fred Olsson – 2102 Mary Hansen Place

Mr. Olsson explained that the neighbourhood already had existing problem rentals and

was concerned that the Vacation Rental would increase problems.

Mayor McKee called for comments from the public a third time.

Council Regular Minutes Tuesday, December 06, 2016 P a g e | 5

John Warren - Applicant

Mr. Warren stated that the neighbours had valid concerns and that he didn’t want what

was happening on Laforme Boulevard to occur on Mary Hansen Place. He didn’t view

long term rental as better because one renter could potentially sublet rooms which could

increase the parking and noise issues. Mr. Warren advised that he would be happy with a

5 year covenant to allow for Vacation Rentals on his property.

Brian Tobin – 1089 McCarty Crescent

Mr. Tobin commended Mr. Warren on his comments but stated that the problem was

guests that don't appreciate the neighbourhood.

Dorothy Scott - 2017 Laforme Boulevard

Ms. Scott inquired about how many rezonings could happen in the neighbourhood.

Mayor McKee explained that there was no criteria set on limiting the number of Vacation

Rentals in a particular neighbourhood. The only criteria set out was a maximum of 125

Vacation Rental bedrooms which could be revoked by not renewing a business license as

the result of ongoing problems.

Property Manager - 2038 Highland Road

The Property Manager advised that Mr. Warren would contribute by paying PST and GST

as well as Municipal Regional District Tax which funds go back into Revelstoke with a

benefit. She also clarified that there is no hot tub on this property.

Mayor McKee called for comments from the public a final time. Upon hearing none, the

following resolution was made: Moved by Councillor English

Seconded by Councillor Sulz

THAT the Public Hearing end at 4:28 pm.

CARRIED

Moved by Councillor English

Seconded by Councillor Sulz

THAT Zoning Amendment Bylaw 2149 be read a Third time.

DEFEATED

Unanimously

NOTE: Mayor McKee called for a recess at 4:36 pm.

NOTE: Mayor McKee reconvened the meeting at 4:37 pm.

NOTE: Councillor Duke returned to the meeting at 4:37 pm.

c) Development Services - HRA2016-01 Zoning Amendment Bylaw 2158 and

Heritage Revitalization Agreement Bylaw 2159 - 616 and 620 Third Street West -

School District No. 19

D. Low, Director of Corporate Administration confirmed that all due process was followed

and that one opposed public submission and one response submission were received.

McKee called for comments from the established Speakers List.

Gareth Jones - Applicant

Mr. Jones advised that he was acutely aware of the importance of this building to the

community. He stated that we were fortunate to have Heritage Revitalization Agreement

Council Regular Minutes Tuesday, December 06, 2016 P a g e | 6

process in BC. Mr. Jones explained that he ultimately wanted to secure the building for

future generations.

Dr. Cam MacLeod - Selkirk Medical Group

Dr. MacLeod was opposed to the rezoning application. He explained specific concerns

with the health service centre and clinic use. Dr. MacLeod stated that the Selkirk Medical

Group had concerns of how the rezoning would affect their recruitment and retention.

Dr. Chris MacDonald - Selkirk Medical Group

Dr. MacDonald explained that he was Chief of Staff at Queen Victoria Hospital and a

physician at Selkirk Medical Clinic for the past 17 years. He stated that their concern was

not the revitalization or even the financial competition, it was regarding a stand alone

clinic which could affect Revelstoke’s medical community. He stated that Selkirk Medical

Group recruited to maintain a compliment of physicians to sustain services in conjunction

with Interior Health.

Dr. Vicki Haines - Selkirk Medical Group

Dr. Haines stated that she was a GP with enhanced surgical skills and that she did not

oppose the development but had concerns specifically with the allowance for a medical

clinic in the rezoning. Dr. Haines explained that Selkirk Medical Group would like to see

any further development of medical services in community done in a collaborative way

with all affected individuals.

Mayor McKee called for comments from the public a first time.

David Evans - 3669 Catherwood Road

Mr. Evans questioned why the onus was put on Mr. Jones to contact the Selkirk Medical

Group. He stated that the plan to include a medical clinic had been in the public domain

for 3-6 months and wondered why the Selkirk Medical Group did not reach out to him?

Dr. Cam MacLeod

Dr. MacLeod agreed that Mr. Evans concerns were entirely valid and that they heard

about the rezoning application through the newspaper. Selkirk Medical Group was unsure

how to approach the issue and decided to approach it as a team as none of them had ever

experienced something like this. Dr. MacLeod explained that they had just recently

learned of the public hearing and that they had no intention of waiting until last minute.

Gareth Jones - Applicant

Mr. Jones stated that the Public Hearing should be more about the Heritage Revitalization

Agreement as the wider issue actually sits across hundreds of properties in Revelstoke.

A. Chabot, Chief Administrative Officer explained that Council has the opportunity to

change usage, provided that the applicant consents or they can defeat the rezoning

application. He explained that Council should consider the interest in land and not the

viability of particular uses or institutions.

D. Strachan, Manager of Development Services advised that Revelstoke has 267 properties

zoned C1 which would allow for medical facilities as well as the option for home based

medical facility businesses totaling approximately 1400 properties in Revelstoke.

Mayor McKee called for comments from the public a second time.

Council Regular Minutes Tuesday, December 06, 2016 P a g e | 7

Dr. Vicki Haines – Selkirk Medical Group

Dr. Haines stated that she recognizes that the Public Hearing was for a zoning issue and

that if it went forward, it would not solve their issue.

Gareth Jones - Applicant

Mr. Jones stated that the long term goal was to get 5 physicians but currently, he was

trying to recruit just one. Mr. Jones explained that he was not trying to flood the market

with physicians, that the medical clinic was part of a longer term strategy.

Mayor McKee called for comments from the public a third and final time. Upon hearing

none, the following resolution was made: Moved by Councillor Duke

Seconded by Councillor English

THAT the Public Hearing end at 5:17 pm.

CARRIED

Moved by Councillor Duke

Seconded by Councillor Nixon

THAT Zoning Amendment Bylaw 2158 be read a Third time.

CARRIED

Moved by Councillor Duke

Seconded by Councillor English

THAT Heritage Revitalization Agreement Bylaw 2159 be read a Third time.

CARRIED

NOTE: Mayor McKee called for a recess at 5:25 pm.

NOTE: A. Chabot, Chief Administrative Officer left the meeting at 5:25 pm.

NOTE: Mayor McKee reconvened the meeting at 5:30 pm.

3 ANNOUNCEMENTS FROM THE MAYOR

Mayor McKee reminded those present of the Miracle on Mackenzie scheduled for

Saturday, December 10, 2016 at 3:00 pm in Grizzly Plaza.

4 ADOPTION OF AGENDA Moved by Councillor English

Seconded by Councillor Nixon

THAT the agenda be adopted as presented.

CARRIED

5 ADOPTION OF MINUTES

a) Regular Council Minutes - November 22, 2016 Moved by Councillor English

Seconded by Councillor Orlando

THAT the Minutes of the Regular Council Meeting on November 22, 2016 be Adopted.

CARRIED

6 BUSINESS ARISING FROM THE MINUTES - Nil

Council Regular Minutes Tuesday, December 06, 2016 P a g e | 8

7 DELEGATIONS & PRESENTATIONS

a) Revelstoke Arts Council

Garry Pendergast advised that there were 42 bands scheduled for the 2016 Street Fest. He

explained that successes included the largest audiences ever; a new lighting console;

improved public washroom facilities; new bands; t-shirt sales; supportive local businesses;

and excellent City support, specifically Parks, Recreation and Culture and Public Works

staff. Mr. Pendergast explained that there were issues with gazebo leaks; the amplifier

system; low employee wages; no grant for seating personnel this year; and that they lost

some days to poor weather. Mr. Pendergast discussed the Street Fest 2017 wish list and

advised that 2016 was the best festival season ever and his last year as the coordinator.

8 RECOMMENDATIONS FROM COMMITTEE OF THE WHOLE

a) Rural Fire Protection Agreement Moved by Councillor English

Seconded by Councillor Orlando

THAT notice be given to the Columbia Shuswap Regional District that the Fire Protection

Service Agreement between the City of Revelstoke and Columbia Shuswap Regional

District, entered into in 1980, will terminate on December 31, 2017.

CARRIED

9 OLD BUSINESS

a) Administration - Fees and Charges Amendment Bylaw 2156 Moved by Councillor Nixon

Seconded by Councillor Sulz

THAT Fees and Charges Amendment Bylaw 2156 be Adopted.

CARRIED

b) Administration - Bylaw to Repeal Big Eddy Water Improvement District Bylaws

2157 Moved by Councillor Orlando

Seconded by Councillor English

THAT the Bylaw to Repeal Big Eddy Water Improvement District Bylaws 2157 be

Adopted.

CARRIED

10 NEW BUSINESS

a) Administration - 2017 Meeting Dates Moved by Councillor Orlando

Seconded by Councillor Sulz

THAT the Schedule of Regular Council, Committee and Commission meeting dates for

2017 be approved and a notice be provided to the public.

CARRIED

b) Administration - Splatsin Band Moved by Councillor Brothers

Seconded by Councillor English

THAT Councillor Sulz and Councillor Nixon be appointed as the City’s representatives to

work with the Splatsin Band to develop a long-term, cooperative and collaborative

relationship for mutual benefit of the parties.

CARRIED

Council Regular Minutes Tuesday, December 06, 2016 P a g e | 9

NOTE: Councillor Duke recused himself at 5:45 pm due to a conflict arising from his

business related to Vacation Rentals.

c) Development Services - ZON2016-44 Zoning Amendment Bylaw 2161 -

Vacation Rental - 914 First Street West - Anthony and Lana Volpatti Moved by Councillor Nixon

Seconded by Councillor English

THAT the application to rezone Lot 3 Block 43 Section 34 Township 23 Range 2 West of

the 6th Meridian Kootenay District Plan 9504 (914 First St West) from R2 – Single and Two

Family Residential District to R2v – Single and Two Family Residential Vacation Rental

District be approved.

CARRIED

Moved by Councillor Nixon

Seconded by Councillor English

THAT Zoning Amendment Bylaw No. 2161 be read a First and Second time and staff be

directed to schedule a Public Hearing.

CARRIED

NOTE: A. Chabot, Chief Administrative Officer returned to the meeting at 5:48 pm.

d) Development Services - ZON2016-45 Zoning Amendment Bylaw 2162 - Vacation

Rental - 1060 McCarty Crescent - Rebecca and Cory Peck Moved by Councillor Orlando

Seconded by Councillor English

THAT the application to rezone Lot 12 Section 22 Township 23 Range 2 West of the 6th

Meridian Kootenay District Plan NEP22528 (1060 McCarty Crescent) from R1 – Single

Family Residential District to R1v – Single Family Residential Vacation Rental District be

approved.

CARRIED

Moved by Councillor Orlando

Seconded by Councillor English

THAT Zoning Amendment Bylaw No. 2162 be read a First and Second time and staff be

directed to schedule a Public Hearing.

CARRIED

e) Development Services - ZON2016-46 Zoning Amendment Bylaw 2163 - Vacation

Rental - 306 Downie Street - Walter Maki Moved by Councillor Sulz

Seconded by Councillor English

THAT the application to rezone a portion of Lot 1 Section 26 Township 23 Range 2 West of

the 6th Meridian Kootenay District Plan 9471 (306 Downie Street) from R2A – Special Low

Density Residential District to R2Av – Special Low Density Vacation Rental District be

approved.

CARRIED

Opposed: Mayor McKee

Moved by Councillor Sulz

Seconded by Councillor English

THAT Zoning Amendment Bylaw No. 2163 be read a First and Second time and staff be

directed to schedule a Public Hearing.

CARRIED

Council Regular Minutes Tuesday, December 06, 2016 P a g e | 10

f) Development Services - ZON2016-47 Zoning Amendment Bylaw 2164 -

Vacation Rental - 1789 Hay Road - Robert and Nancy Murray Moved by Councillor Brothers

Seconded by Councillor Sulz

THAT the application to rezone Lot 8 Section 23 Township 23 Range 2 West of the 6th

Meridian Kootenay District Plan 9484 (1789 Hay Road) from R1 – Single Family

Residential District to R1v –Single Family Residential Vacation Rental District be

approved.

CARRIED

Moved by Councillor Brothers

Seconded by Councillor Sulz

THAT Zoning Amendment Bylaw No. 2164 be read a First and Second time and staff be

directed to schedule a Public Hearing.

CARRIED

NOTE: Councillor Brothers recused herself due to a conflict arising from a solicitor / client

relationship at 5:59 pm.

g) Development Services - ZON2016-48 Zoning Amendment Bylaw 2165 - Vacation

Rental - 1921 Aspen Crescent - Dr. Lisa Christine McPhee Moved by Councillor Sulz

Seconded by Councillor English

THAT the application to rezone Lot 31 Section 23 Township 23 Range 2 West of the 6th

Meridian Kootenay District Plan NEP87983 (1921 Aspen Crescent) from R1 – Single Family

Residential District to R1v – Single Family Residential Vacation Rental District be

approved.

CARRIED

Moved by Councillor Sulz

Seconded by Councillor English

THAT Zoning Bylaw No. 2165 be read a First and Second time and staff be directed to

schedule a Public Hearing.

CARRIED

NOTE: Councillor Brothers returned to the meeting at 6:01 pm.

NOTE: Councillor Duke returned to the meeting at 6:01 pm.

h) Development Services - HAP2016-03 Heritage Alteration Permit Application

Amendment - 105 and 107 Sixth Street West - Catherine Allen and Steve Lemon Moved by Councillor Duke

Seconded by Councillor English

THAT the requested amendment to Heritage Alteration Permit No. HAP2016-03 be

approved, subject to the following condition:

a) The applicant must provide an acceptable Section 219 covenant registered on title,

to which the City would be Party to, in order to enable the two properties (i.e., 105 &

107 Sixth St. W.) to function as a single property and include a restriction which will

prevent the sale of either property without the other.

CARRIED

Council Regular Minutes Tuesday, December 06, 2016 P a g e | 11

i) Economic Development - Social Development Recommendation Moved by Councillor Orlando

Seconded by Councillor English

THAT the report dated November 24, 2016 from the Director of Community Economic

Development be received for information.

CARRIED

j) Fire - Revelstoke Mountain Resort Fireworks Authorization Request Moved by Councillor English

Seconded by Councillor Sulz

THAT Revelstoke Mountain Resort is authorized to set off professional grade fireworks on

Dec 24/31, 2016 and February 11/18, 2017 at 2950 Camozzi Road following any terms and

conditions relating to life safety as determined by the Fire Chief.

AND THAT Revelstoke Mountain Resort follows all requirements of the Federal

Explosives Regulations, 2013, Part 18 Display Fireworks.

CARRIED

k) Administration - Janitorial Contracts - Public Works, City Hall & Council

Chambers, Public Washrooms & Bus Shelters and the RCMP Facility. Moved by Councillor Brothers

Seconded by Councillor English

THAT the janitorial contracts for the Public Works Facility, City Hall and Council

Chambers, Public Washrooms and Bus Stops, and the RCMP Facility be awarded to

Evergreen Building Maintenance Inc.

AND THAT the Corporate Officer and the Mayor be authorized to sign the contracts.

CARRIED

11 CORRESPONDENCE

a) Regent Inn Letter RE Provincial Tax Regulation 78(1)(b) - November 28, 2016 Moved by Councillor Nixon

Seconded by Councillor Orlando

THAT a letter be written to the Minister of Finance to provide comment which supports

charging appropriate accommodation taxes.

CARRIED

NOTE: Councillor Orlando recused at 6:11 pm due to a conflict arising from his position

on the Board for Columbia Valley Skateboard Association.

b) Columbia Valley Skateboard Association Funding Request - November 28, 2016

Matt Rebelo explained to Council that the Columbia Valley Skateboard Association

(CVSA) didn't expect or want to be in the position of asking for funding at this time. Mr.

Rebelo explained that CVSA has half of the funding for the skateboard park but needs

help from Council to obtain the remainder of the funds. He stated that skateboard parks

are popular and positive in other communities.

Moved by Councillor Nixon

Seconded by Councillor Sulz

THAT the funding request from the Columbia Valley Skateboard Association be included

in the 2017 budget discussions.

CARRIED

Council Regular Minutes Tuesday, December 06, 2016 P a g e | 12

NOTE: Councillor Orlando returned to the meeting at 6:19 pm.

12 COMMUNICATIONS

a) Enhancement Committee Support Letter RE Tax Exemption for Mountain View

School Site - November 17, 2016

b) P. Cameron Letter RE DVP2016-12 Approval - November 25, 2016 c) Harrison Hot Springs Letter RE Short Term Vacation Rentals - November 28, 2016 d) Social Development Coordinator Report - November 23, 2016 e) RCMP Community Policing Report - October 2016

13 IN CAMERA Moved by Councillor Brothers

Seconded by Councillor English

THAT the meeting resolve to In Camera at 6:22 pm pursuant to Sections 90.1 (a), (c) & (k)

of the Community Charter.

90 (1) A part of a council meeting may be closed to the public if the subject matter being

considered relates to or is one or more of the following:

(a) personal information about an identifiable individual who holds or is being

considered for a position as an officer, employee or agent of the municipality or

another position appointed by the municipality;

(c) labour relations or other employee relations; and

(k) negotiations and related discussions respecting the proposed provision of a

municipal service that are at their preliminary stages and that, in the view of the

council, could reasonably be expected to harm the interests of the municipality if

they were held in public.

CARRIED

14 CONSIDERATION - Business items to report from In Camera

a) Coordinator for Tech Strategy

“THAT the Mayor and Director of Corporate Administration be authorized to sign the

services agreement between the City of Revelstoke and Karilyn Kempton, implementing

the Revelstoke Tech Strategy for a two-year term commencing December 15, 2016.”

15 ADJOURNMENT Moved by Councillor English

Seconded by Councillor Nixon

THAT the meeting end at 7:00 pm.

CARRIED

____________________________________ _______________________________

Director of Corporate Administration Mayor

Certified a true copy this ____________ day of __________________, ____________.

__________________________

CITY OF REVELSTOKE BYLAW NO. 2161

Being a Bylaw to Amend Zoning Bylaw No. 1264, 1984

WHEREAS the Council of the City of Revelstoke has adopted the City of Revelstoke Zoning Bylaw No. 1264, 1984; AND WHEREAS Council has deemed it desirable to rezone certain lands and that the Zoning Map referred to as Schedule ‘A’ (Official Zoning Map) of Zoning Bylaw No. 1264, 1984 be amended accordingly: Applicant: Anthony Joseph Volpatti Lana Marie Volpatti Location: 914 First Street West NOW THEREFORE the Municipal Council of the City of Revelstoke, Province of British Columbia, in open meeting assembled ENACTS AS FOLLOWS: 1. THAT this Bylaw may be cited for all purposes as the “Zoning Amendment

Bylaw No. 2161”.

2. THAT Zoning Bylaw No. 1264, 1984, Schedule A be amended by changing the zoning designation of: Lot 3 Block 43 Section 34 Township 23 Range 2 W6M Kootenay District Plan 9504 from Single and Two Family Residential District (R2) to Single and Two Family Residential Vacation Rental District (R2v) as shown cross hatched on the map attached to and forming a part of this bylaw as Appendix “A”.

READ A FIRST TIME THE 6th DAY OF DECEMBER, 2016. READ A SECOND TIME THE 6th DAY OF DECEMBER, 2016. PUBLIC HEARING HELD THE ____ DAY OF __________, 2016. READ A THIRD TIME THE _____ DAY OF __________, 2016. APPROVED BY THE MINISTRY OF TRANSPORTATION AND INFRASTRUCTURE, PURSUANT TO THE TRANSPORTATION ACT, ON THE ____ DAY OF __________, 2016.

____________________________________ Ministry of Transportation and Infrastructure

ADOPTED THIS ___ DAY OF ________, 2016. _________________________________ ______________________ Director of Corporate Administration Mayor Certified a true copy, this _____________ day of _____________, _______________. __________________________________________

MINUTES ITEM #10c)

Zoning Amendment Bylaw No. 2161 Page 2

Appendix “A”

Property Subject to Bylaw No. 2161: Lot 3 Block 43 Section 34 Township 23 Range 2 W6M Kootenay District Plan

9504 914 First Street West From: Single and Two Family Residential District (R2) To: Single and Two Family Residential Vacation Rental District (R2v)

MINUTES ITEM #10c)

CITY OF REVELSTOKE BYLAW NO. 2162

Being a Bylaw to Amend Zoning Bylaw No. 1264, 1984

WHEREAS the Council of the City of Revelstoke has adopted the City of Revelstoke Zoning Bylaw No. 1264, 1984; AND WHEREAS Council has deemed it desirable to rezone certain lands and that the Zoning Map referred to as Schedule ‘A’ (Official Zoning Map) of Zoning Bylaw No. 1264, 1984 be amended accordingly: Applicant: Rebecca Jane Peck Cory Alan Peck Location: 1060 McCarty Crescent NOW THEREFORE the Municipal Council of the City of Revelstoke, Province of British Columbia, in open meeting assembled ENACTS AS FOLLOWS: 1. THAT this Bylaw may be cited for all purposes as the “Zoning Amendment

Bylaw No. 2162”.

2. THAT Zoning Bylaw No. 1264, 1984, Schedule A be amended by changing the zoning designation of: Lot 12 Section 22 Township 23 Range 2 W6M Kootenay District Plan NEP22528 from Single Family Residential District (R1) to Single Family Residential Vacation Rental District (R1v) as shown cross hatched on the map attached to and forming a part of this bylaw as Appendix “A”.

READ A FIRST TIME THE 6th DAY OF DECEMBER, 2016. READ A SECOND TIME THE 6th DAY OF DECEMBER, 2016. PUBLIC HEARING HELD THE ____ DAY OF __________, 2016. READ A THIRD TIME THE _____ DAY OF __________, 2016. ADOPTED THIS ___ DAY OF ________, 2016. _________________________________ ______________________ Director of Corporate Administration Mayor Certified a true copy, this _____________ day of _____________, _______________. __________________________________________

MINUTES ITEM #10d)

Zoning Amendment Bylaw No. 2162 Page 2

Appendix “A”

Property Subject to Bylaw No. 2162: Lot 12 Section 22 Township 23 Range 2 W6M Kootenay District Plan

NEP22528 1060 McCarty Crescent From: Single Family Residential District (R1) To: Single Family Residential Vacation Rental District (R1v)

MINUTES ITEM #10d)

CITY OF REVELSTOKE BYLAW NO. 2163

Being a Bylaw to Amend Zoning Bylaw No. 1264, 1984

WHEREAS the Council of the City of Revelstoke has adopted the City of Revelstoke Zoning Bylaw No. 1264, 1984; AND WHEREAS Council has deemed it desirable to rezone certain lands and that the Zoning Map referred to as Schedule ‘A’ (Official Zoning Map) of Zoning Bylaw No. 1264, 1984 be amended accordingly: Applicant: Walter Frederick John Maki Location: 306 Downie Street NOW THEREFORE the Municipal Council of the City of Revelstoke, Province of British Columbia, in open meeting assembled ENACTS AS FOLLOWS: 1. THAT this Bylaw may be cited for all purposes as the “Zoning Amendment

Bylaw No. 2163”.

2. THAT Zoning Bylaw No. 1264, 1984, Schedule A be amended by changing the zoning designation of: A portion of Lot 1 Section 26 Township 23 Range 2 W6M Kootenay District Plan 9471 from Special Low Density Residential District (R2A) to Special Low Density Residential Vacation Rental District (R2Av) as shown cross hatched on the map attached to and forming a part of this bylaw as Appendix “A”.

READ A FIRST TIME THE 6th DAY OF DECEMBER, 2016. READ A SECOND TIME THE 6th DAY OF DECEMBER, 2016. PUBLIC HEARING HELD THE ____ DAY OF __________, 2016. READ A THIRD TIME THE _____ DAY OF __________, 2016. APPROVED BY THE MINISTRY OF TRANSPORTATION AND INFRASTRUCTURE, PURSUANT TO THE TRANSPORTATION ACT, ON THE ____ DAY OF __________, 2016.

____________________________________ Ministry of Transportation and Infrastructure

ADOPTED THIS ___ DAY OF ________, 2016. _________________________________ ______________________ Director of Corporate Administration Mayor Certified a true copy, this _____________ day of _____________, _______________. __________________________________________

MINUTES ITEM #10e)

Zoning Amendment Bylaw No. 2163 Page 2

Appendix “A”

Property Subject to Bylaw No. 2163: A portion of Lot 1 Section 26 Township 23 Range 2 W6M Kootenay District

Plan 9471 306 Downie Street From: Special Low Density Residential District (R2A) To: Special Low Density Residential Vacation Rental District (R2Av)

MINUTES ITEM #10e)

CITY OF REVELSTOKE BYLAW NO. 2164

Being a Bylaw to Amend Zoning Bylaw No. 1264, 1984

WHEREAS the Council of the City of Revelstoke has adopted the City of Revelstoke Zoning Bylaw No. 1264, 1984; AND WHEREAS Council has deemed it desirable to rezone certain lands and that the Zoning Map referred to as Schedule ‘A’ (Official Zoning Map) of Zoning Bylaw No. 1264, 1984 be amended accordingly: Applicant: Robert Kirkland Murray Nancy Kirkland Murray Location: 1789 Hay Road NOW THEREFORE the Municipal Council of the City of Revelstoke, Province of British Columbia, in open meeting assembled ENACTS AS FOLLOWS: 1. THAT this Bylaw may be cited for all purposes as the “Zoning Amendment

Bylaw No. 2164”.

2. THAT Zoning Bylaw No. 1264, 1984, Schedule A be amended by changing the zoning designation of: Lot 8 Section 23 Township 23 Range 2 W6M Kootenay District Plan 9484 from Single Family Residential District (R1) to Single Family Residential Vacation Rental District (R1v) as shown cross hatched on the map attached to and forming a part of this bylaw as Appendix “A”.

READ A FIRST TIME THE 6th DAY OF DECEMBER, 2016. READ A SECOND TIME THE 6th DAY OF DECEMBER, 2016. PUBLIC HEARING HELD THE ____ DAY OF __________, 2016. READ A THIRD TIME THE _____ DAY OF __________, 2016. ADOPTED THIS ___ DAY OF ________, 2016. _________________________________ ______________________ Director of Corporate Administration Mayor Certified a true copy, this _____________ day of _____________, _______________. __________________________________________

MINUTES ITEM #10f)

Zoning Amendment Bylaw No. 2164 Page 2

Appendix “A”

Property Subject to Bylaw No. 2164: Lot 8 Section 23 Township 23 Range 2 W6M Kootenay District Plan 9484 1789 Hay Road From: Single Family Residential District (R1) To: Single Family Residential Vacation Rental District (R1v)

MINUTES ITEM #10f)

CITY OF REVELSTOKE BYLAW NO. 2165

Being a Bylaw to Amend Zoning Bylaw No. 1264, 1984

WHEREAS the Council of the City of Revelstoke has adopted the City of Revelstoke Zoning Bylaw No. 1264, 1984; AND WHEREAS Council has deemed it desirable to rezone certain lands and that the Zoning Map referred to as Schedule ‘A’ (Official Zoning Map) of Zoning Bylaw No. 1264, 1984 be amended accordingly: Applicant: Dr. Lisa Christine McPhee A Medical Corporation Inc. No. 6542817 Location: 1921 Aspen Crescent NOW THEREFORE the Municipal Council of the City of Revelstoke, Province of British Columbia, in open meeting assembled ENACTS AS FOLLOWS: 1. THAT this Bylaw may be cited for all purposes as the “Zoning Amendment

Bylaw No. 2165”.

2. THAT Zoning Bylaw No. 1264, 1984, Schedule A be amended by changing the zoning designation of: Lot 31 Section 23 Township 23 Range 2 W6M Kootenay District Plan NEP87983 from Single Family Residential District (R1) to Single Family Residential Vacation Rental District (R1v) as shown cross hatched on the map attached to and forming a part of this bylaw as Appendix “A”.

READ A FIRST TIME THE 6th DAY OF DECEMBER, 2016. READ A SECOND TIME THE 6th DAY OF DECEMBER, 2016. PUBLIC HEARING HELD THE ____ DAY OF __________, 2016. READ A THIRD TIME THE _____ DAY OF __________, 2016. ADOPTED THIS ___ DAY OF ________, 2016. _________________________________ ______________________ Director of Corporate Administration Mayor Certified a true copy, this _____________ day of _____________, _______________. __________________________________________

MINUTES ITEM #10g)

Zoning Amendment Bylaw No. 2165 Page 2

Appendix “A”

Property Subject to Bylaw No. 2165: 1921 Aspen Crescent Lot 31 Section 23 Township 23 Range 2 W6M Kootenay District Plan

NEP87983 From: Single Family Residential District (R1) To: Single Family Residential Vacation Rental District (R1v)

MINUTES ITEM #10g)

CITY OF REVELSTOKE

BYLAW NO. 2163

Being a Bylaw to Amend Zoning Bylaw No. 1264, 1984

WHEREAS the Council of the City of Revelstoke has adopted the City of Revelstoke

Zoning Bylaw No. 1264, 1984;

AND WHEREAS Council has deemed it desirable to rezone certain lands and that the

Zoning Map referred to as Schedule ‘A’ (Official Zoning Map) of Zoning Bylaw No.

1264, 1984 be amended accordingly:

Applicant: Walter Frederick John Maki

Location: 306 Downie Street

NOW THEREFORE the Municipal Council of the City of Revelstoke, Province of

British Columbia, in open meeting assembled ENACTS AS FOLLOWS:

1. THAT this Bylaw may be cited for all purposes as the “Zoning Amendment

Bylaw No. 2163”.

2. THAT Zoning Bylaw No. 1264, 1984, Schedule A be amended by changing the

zoning designation of:

A portion of Lot 1 Section 26 Township 23 Range 2 W6M Kootenay District Plan

9471 from Special Low Density Residential District (R2A) to Special Low

Density Residential Vacation Rental District (R2Av) as shown cross hatched on

the map attached to and forming a part of this bylaw as Appendix “A”.

READ A FIRST TIME THE _____ DAY OF __________, 2016.

READ A SECOND TIME THE _____ DAY OF __________, 2016.

PUBLIC HEARING HELD THE ____ DAY OF __________, 2016.

READ A THIRD TIME THE _____ DAY OF __________, 2016.

APPROVED BY THE MINISTRY OF TRANSPORTATION AND

INFRASTRUCTURE, PURSUANT TO THE TRANSPORTATION ACT, ON

THE ____ DAY OF __________, 2016. ____________________________________

Ministry of Transportation and Infrastructure

ADOPTED THIS ___ DAY OF ________, 2016.

_________________________________ ______________________

Director of Corporate Administration Mayor

Certified a true copy, this _____________ day of _____________, _______________.

__________________________________________

Zoning Amendment Bylaw No. 2163 Page 2

Appendix “A”

Property Subject to Bylaw No. 2163:

A portion of Lot 1 Section 26 Township 23 Range 2 W6M Kootenay District

Plan 9471

306 Downie Street

From: Special Low Density Residential District (R2A)

To: Special Low Density Residential Vacation Rental District (R2Av)