March 13, 2017 - Minutes


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City of Richmond Meeting Minutes

Regular Council

Monday, March 13, 2017

 

Place:

Council Chambers
Richmond City Hall

Present:

Mayor Malcolm D. Brodie
Councillor Chak Au
Councillor Carol Day
Councillor Ken Johnston
Councillor Alexa Loo
Councillor Bill McNulty
Councillor Linda McPhail
Councillor Harold Steves

Acting Corporate Officer – Claudia Jesson

Absent:

Councillor Derek Dang

Call to Order:

Mayor Brodie called the meeting to order at 7:00 p.m.

 

RES NO.

ITEM

 

 

 

 

MINUTES

 

R17/5-1

1.

It was moved and seconded

 

 

That:

 

 

(1)

the minutes of the Regular Council meeting held on February 27, 2017, be adopted as circulated; and

 

 

 

(2)

the Metro Vancouver ‘Board in Brief’ dated February 24, 2017, be received for information.

 

 

 

CARRIED

 

 

 

COMMITTEE OF THE WHOLE

 

R17/5-2

2.

It was moved and seconded

 

 

That Council resolve into Committee of the Whole to hear delegations on agenda items (7:01 p.m.).

 

 

CARRIED

 

3.

Delegations from the floor on Agenda items.

 

 

Item No. 8 – Acute Care Tower at Richmond Hospital

 

 

Kelly Greene, New Democratic Party Candidate for Richmond-Steveston, stated that the BC NDP support and have committed to the replacement of the acute care tower at Richmond Hospital.  Ms. Greene spoke of various deficiencies of the 50 year old tower, and emphasized the need to replace it.

 

 

Item No. 8 – Acute Care Tower at Richmond Hospital

 

 

Lyren Chiu, New Democratic Party Candidate for Richmond-North Centre, spoke in favour of a new acute care tower at Richmond Hospital, stating that she would like this project to move forward.  Ms. Chiu spoke of her background in hospital administration, remarking that the hospital’s current tower should be replaced as it is inadequate and does not meet Richmond’s needs.

 

 

 

Councillor Loo left the meeting (7:08 p.m.) and returned (7:11 p.m.).

 

 

In accordance with Section 100 of the Community Charter, Councillor Carol Day declared herself to be in a conflict of interest with respect to Item No. 14 as her husband owns a bed and breakfast and left the meeting at 7:12 p.m.

 

 

Item No. 14 – Short-Term Rentals – Proposed Bylaws and Options

 

 

Matthew Yung, Richmond resident, provided statistical information regarding Airbnb operations in Richmond, noting that, based on his calculations, 99% of all Airbnb bookings in Richmond were problem free.  Mr. Yung spoke of earnings reported by Airbnb operators, and was of the opinion that $5,900 is not a significant source of income.

 

 

 

Item No. 14 – Short-Term Rentals – Proposed Bylaws and Options

 

 

Lynda ter Borg, Sandpiper Court resident, spoke of past staff reports regarding short-term rental regulations and was of the opinion that the proposed regulations do not address Council’s direction to staff.  Ms. ter Borg read from her submission attached to and forming part of these Minutes as Schedule 1.

 

 

Item No. 14 – Short-Term Rentals – Proposed Bylaws and Options

 

 

Andy Hobbs, Richmond resident, remarked that although he supports short-term rentals in general, he does not believe such operations should be at the detriment of Richmond’s residential neighbourhoods.  Mr. Hobbs commented on what is currently allowed in other Lower Mainland municipalities with regard to bed and breakfast regulations, citing that the dwelling has to be owner occupied.  Also, he queried whether the permitted three rooms with two occupants may be too high for an average Richmond home with a bed and breakfast.

 

 

 

Councillor Day returned to the meeting at 7:40 p.m.

 

 

 

Item No. 14 – Short-Term Rentals – Proposed Bylaws and Options

 

 

Michael Wolfe; 9731 Odlin Road; Green Party Candidate – Richmond-Queensborough, requested to speak on Item No. 14.

 

 

 

In accordance with Section 100 of the Community Charter, Councillor Carol Day declared herself to be in a conflict of interest with respect to Item No. 14 as her husband owns a bed and breakfast and left the meeting at 7:42 p.m.

 

 

 

Item No. 14 – Short-Term Rentals – Proposed Bylaws and Options

 

 

Mr. Wolfe cited concerns regarding the proposed short-term rental regulations, stating that the regulations do not require that a bed and breakfast operator be the owner of the dwelling.  He expressed concern regarding densification, and was of the opinion that rezoning of single-family homes into multi-family homes is contributing to affordable housing issues.

 

 

Councillor Day returned to the meeting at 7:44 p.m.

 

 

Item No. 8 – Acute Care Tower at Richmond Hospital

 

 

Mr. Wolfe spoke of the approval process for a new acute care tower at Richmond Hospital and suggested that Council cease densification applications until a time when the hospital can adequately serve Richmond’s population.

 

R17/5-2

4.

It was moved and seconded

 

 

That Committee rise and report (7:46 p.m.).

 

 

CARRIED

 

 

 

CONSENT AGENDA

 

R17/5-3

5.

It was moved and seconded

 

 

That Items No. 6 through No. 13 be adopted by general consent.

 

 

CARRIED

 

 

6.

COMMITTEE MINUTES

 

 

 

That the minutes of:

 

 

(1)

the Parks, Recreation and Cultural Services Committee meeting held on February 28, 2017;

 

 

(2)

the General Purposes Committee meeting held on March 6, 2017; and

 

 

(3)

the Planning Committee meeting held on March 7, 2017;

 

 

be received for information.

 

 

 

ADOPTED ON CONSENT

 

 

7.

Programming at McDonald Beach Park
(File Ref. No. 06-2345-20-MCDO1) (REDMS No. 5315665 v. 5)

 

 

That no changes be undertaken to the existing dog off-leash area at McDonald Beach Park as detailed in the staff report titled “Programming at McDonald Beach Park,” dated February 10, 2017, from the Senior Manager, Parks.

 

 

ADOPTED ON CONSENT

 

 

8.

ACUTE CARE TOWER AT RICHMOND HOSPITAL
(File Ref. No. 01-0155-03-02, 01-0150-20-HEAL1-01)

 

 

That a letter be written to the Premier, the Minister of Health, the Minister of Finance, Richmond MLAs, the Leader of the Opposition and Vancouver Coastal Health calling on the provincial government to commit to a new hospital tower to replace the north tower in Richmond.

 

 

ADOPTED ON CONSENT

 

 

9.

Application by Interface Architecture Inc. for Rezoning at 11671 and 11691 Cambie Road from “Single Detached (RS1/E)” Zone to “Low Density Townhouses (RTL4)” Zone
(File Ref. No. RZ 12-8060-20-009293; 14-670471) (REDMS No. 5304096 v. 3, 4563973, 2221494, 5304096, 5317090,  4728092)

 

 

 

That Richmond Zoning Bylaw 8500, Amendment Bylaw 9293, for the rezoning of 11671 and 11691 Cambie Road from “Single Detached (RS1/E)” zone to “Low Density Townhouses (RTL4)” zone, be introduced and given first reading.

 

 

ADOPTED ON CONSENT

 

 

10.

Application by Matthew Cheng Architect Inc. for Rezoning at 8480 No. 5 Road from “Agriculture (AG1)” to “Assembly (ASY)”
(File Ref. No. 12-8060-20-009537; RZ 14-674068) (REDMS No. 4929297 v. 8, 3651855, 4978849)

 

 

 

That Richmond Zoning Bylaw 8500, Amendment Bylaw 9537, for the rezoning of 8480 No. 5 Road from “Agriculture (AG1)” to “Assembly (ASY)”, be introduced and given first reading.

 

 

ADOPTED ON CONSENT

 

 

11.

Application by Harj Johal for Rezoning at 9051 and 9071 Steveston Highway from “Single Detached (RS1/E)” to “Compact Single Detached (RC2)”
(File Ref. No. 12-8060-20-009646; RZ 16-728719) (REDMS No. 5223594, 5242215)

 

 

 

That Richmond Zoning Bylaw 8500, Amendment Bylaw 9646, for the rezoning of 9051 and 9071 Steveston Highway from the “Single Detached (RS1/E)” zone to the “Compact Single Detached (RC2)” zone, be introduced and given first reading.

 

 

ADOPTED ON CONSENT

 

 

12.

Application by Benn Panesar for Rezoning at 10140 and 10160 Finlayson Drive from “Single Detached (RS1/D)” to “Single Detached (RS2/B)
(File Ref. No. 12-8060-20-009684; RZ 15-713737) (REDMS No. 5303933, 3370153, 5307000)

 

 

 

That Richmond Zoning Bylaw 8500, Amendment Bylaw 9684, for the rezoning of 10140 and 10160 Finlayson Drive from “Single Detached (RS1/D)” to “Single Detached (RS2/B)”, be introduced and given first reading.

 

 

ADOPTED ON CONSENT

 

 

13.

Application by Zhao XD Architect Ltd. for Rezoning at 9880 Granville Avenue and 7031 No. 4 Road from “Single Detached (RS1/F)” Zone to “Medium Density Townhouses (RTM2)” Zone
(File Ref. No. 12-8060-20-009686; RZ 15-708960) (REDMS No. 5235558 v. 2, 3218459, 5318220)

 

 

 

That Richmond Zoning Bylaw 8500, Amendment Bylaw 9686, for the rezoning of 9880 Granville Avenue and 7031 No. 4 Road from “Single Detached (RS1/F)” zone to “Medium Density Townhouses (RTM2)” zone, be introduced and given first reading.

 

 

ADOPTED ON CONSENT

 

 

 

In accordance with Section 100 of the Community Charter, Councillor Carol Day declared herself to be in a conflict of interest with respect to Item No. 14 as her husband owns a bed and breakfast and left the meeting at 8:20 p.m.

 

 

 

 

NON-CONSENT AGENDA ITEMS

 

 

 

GENERAL PURPOSES COMMITTEE

Mayor Malcolm D. Brodie, Chair

 

 

14.

Short-term Rentals – Proposed Bylaws and Options
(File Ref. No. 08-4430-03-12, 12-8060-20-009691/9647/9692/9649/9650/9651/9652) (REDMS No. 5324334 v. 8, 5221655, 5285428, 5323398, 5327463, 5330921, 5327641, 5327538, 5327683, 5327968, 5314950, 5329717 ,5329719, 5285428, 5324903, 5223335, 5328066, 5223981, 5224058, 5224243, 5224239)

 

 

 

Councillor Steves left the meeting (8:21 p.m.) and returned (8:23 p.m.).

 

 

It was moved and seconded

 

 

In respect to bed and breakfast (“B&B”) uses in single-family and agricultural zones, implementing a distance buffer between B&B establishments and to the enhanced enforcement of such short-term rental regulation:

 

 

(1)

That Official Community Plan Bylaw 9000, Amendment Bylaw 9691, which amends Official Community Plan Bylaw 9000 by adding a provision for a 500 meter buffer between B&B establishments be introduced and given first reading;

 

 

(2)

That Bylaw 9691, having been considered in conjunction with:

 

 

 

(a)

the City’s financial plan and capital program; and

 

 

 

(b)

the Greater Vancouver Regional District Solid Waste and Liquid Waste Management Plans;

 

 

 

is hereby found to be consistent with said program and plans in accordance with section 477(3)(a) of the Local Government Act;

 

 

(3)

That Bylaw 9691 be sent to the Agricultural Land Commission for comment;

 

 

(4)

That Bylaw 9691, having been considered in accordance with section 475 of the Local Government Act and the City’s Official Community Plan Bylaw Preparation Consultation Policy 5043, is found not to require further consultation;

 

 

(5)

That Richmond Zoning Bylaw 8500, Amendment Bylaw 9647 to amend definitions, be introduced and given first reading;

 

 

(6)

That Richmond Zoning Bylaw 8500, Amendment Bylaw 9692 to require a distance buffer between B&Bs, be introduced and given first reading;

 

 

(7)

To incorporate enhanced business licencing requirements and increase fees and penalties, that:

 

 

 

(a)

Business Regulation Bylaw No. 7538, Amendment Bylaw No. 9649;

 

 

 

(b)

Business Licence Bylaw No. 7360, Amendment Bylaw No. 9650;

 

 

 

(c)

Municipal Ticket Information Authorization Bylaw No. 7321, Amendment Bylaw No. 9651; and

 

 

 

(d)

Consolidation Fees Bylaw No. 8636, Amendment Bylaw No. 9652;

 

 

 

each be introduced and given first, second and third readings;

 

 

(8)

That the proposed communication plan described in Attachment 12 of this report explaining the proposed changes (identified in the above recommendation) to the short-term rental regulations be endorsed; and

 

 

(9)

That:

 

 

 

(a)

the information regarding tax requirements including whether a hotel tax should apply to short-term rentals provided in this report be received for information; and

 

 

 

(b)

staff be directed to engage the Province of British Columbia to discuss regulatory changes to the Provincial Sales Tax in regards to the Municipal and Regional District Tax, including the definition of accommodation providers;

 

 

(10)

That staff conduct a one-year review of the City’s proposed short-term rental regulation, and include issues surrounding a requirement for the operator of the short-term rental to be the owner of the property and report back to Council;

 

 

(11)

That staff consider options and report back on the issue of short-term rentals for multi-family dwellings; and

 

 

(12)

That staff formulate a robust public engagement process to address additional options and regulatory and enforcement gaps for future consideration.

 

 

The question on the motion was not called as with the aid of a PowerPoint presentation (copy on file, City Clerk’s Office), Cecilia Achiam, Director, Administration and Compliance, accompanied by Carli Edwards, Manager, Customer Services and Licencing, highlighted the following regarding the proposed changes to short-term rental regulations:

 

 

§   

existing regulations will be enhanced and enforcement will be intensified along with increased fines and penalties;

 

 

§   

“short-term rental” will be defined;

 

 

§   

B&B operators must notify their neighbours of their business and provide operator contact information;

 

 

§   

Bed and Breakfast (B&B) operations will not be permitted in homes with secondary suites, granny flats, or coach houses;

 

 

§   

B&B operators will be encouraged to carry adequate liability and property damage insurance;

 

 

§   

B&B operations will be limited to maximum of three bedrooms with a maximum of two people per room;

 

 

§   

a 500 metre buffer between all new B&B operations will be implemented;

 

 

§   

primary residence of B&B operator will be verified annually; and

 

 

§   

“agri-tourism accommodation” on Agricultural Land Reserve land will require rezoning.

 

 

Discussion took place on the potential to revise the proposed bylaws to require that a B&B operator be the owner of the property, and that such definition be extended to the owner’s immediate family only.

 

 

In reply to a query, Ms. Achiam advised that staff could bring forward revised bylaws in a timely manner in order to comply with the April 2017 Public Hearing deadlines.

 

 

As a result of the discussion, the following referral was introduced:

R17/5-4

 

It was moved and seconded

 

 

That the recommendations and the staff report titled “Short-term Rentals – Proposed Bylaws and Options” dated February 27, 2017 from the Director Administration and Compliance, be referred back to staff to continue with the existing approach subject to:

 

 

(1)

an additional requirement for a short-term rental operator to be the owner of his/her principal residence;

 

 

(2)

the definition applying to an individual, not a corporate owner; and

 

 

(3)

the definition applying to an owner’s direct family members;

 

 

and report back to the March 27, 2017 Regular (open) Council meeting with the revised Bylaws.

 

 

CARRIED

 

 

 

Councillor Day returned to the meeting at 9:02 p.m.

 

 

 

PLANNING COMMITTEE

Councillor Linda McPhail, Chair

 

 

15.

Application by 1056023 Holdings Limited Partnership for Rezoning at 12320 Trites Road (Formerly 12280/12320 Trites Road) from “Light Industrial (IL)” Zone to “Single Detached (ZS23) – Steveston” Zone
(File Ref. No. 12-8060-20-009675; RZ 16-723761) (REDMS No. 5267412 v. 2, 5325193, 5317216)

R17/5-5

 

It was moved and seconded

 

 

That Richmond Zoning Bylaw 8500, Amendment Bylaw 9675, for the rezoning of 12320 Trites Road (Formerly 12280/12320 Trites Road) from the “Light Industrial (IL)” zone to the “Single Detached (ZS23) – Steveston” zone, be introduced and given first reading.

 

 

 

Councillor Au left the meeting (9:05 p.m.) and returned (9:07 p.m.).

 

 

The question on the motion was not called as discussion took place regarding the subject area’s zoning history and the potential to allow a mix of industrial and residential uses.  As a result of the discussion, the following referral was introduced:

R17/5-6

 

It was moved and seconded

 

 

That Richmond Zoning Bylaw 8500, Amendment Bylaw 9675, for the rezoning of 12320 Trites Road (Formerly 12280/12320 Trites Road) from the “Light Industrial (IL)” zone to the “Single Detached (ZS23) – Steveston” zone, be referred back to staff to examine the potential to maintain light industrial uses in conjunction with residential uses.

 

 

 

DEFEATED
Opposed:  Mayor Brodie
Cllrs. Au
Johnston
Loo
McNulty
McPhail

 

 

The question on Resolution R17/5-5 was then called and it was CARRIED with Cllrs. Day and Steves opposed.

 

 

 

FINANCE AND CORPORATE SERVICES DIVISION

 

 

16.

Ceremony to Commemorate the 100th Anniversary of the Battle of Vimy Ridge
(File Ref. No. 01-0093-01) (REDMS No. 5335514)

R17/5-7

 

It was moved and seconded

 

 

That a jointly hosted ceremony between the City, the Royal Canadian Legion Branch 291, and the Army, Navy and Air Force Unit 284 to be held at City Hall plaza on April 9, 2017, to commemorate the 100th anniversary of the Battle of Vimy Ridge, be approved.

 

 

CARRIED

 

 

 

PUBLIC ANNOUNCEMENT

 

 

 

Mayor Brodie announced that the City is releasing 3 reports providing updates on the One Administration / Five Business Program, the Richmond Olympic Oval Corporation, Lulu Island Energy Company, and VROX.  Copies of the 3 reports will be posted on the City’s website.

 

 

 

BYLAWS FOR ADOPTION

 

R17/5-8

 

It was moved and seconded

 

 

That Richmond Zoning Bylaw No. 8500, Amendment Bylaw No. 9560
(5411/5431 Clearwater Drive, RZ 15-700420) be adopted.

 

 

CARRIED

 

 

 

ADJOURNMENT

 

R17/5-9

 

It was moved and seconded

 

 

That the meeting adjourn (9:27 p.m.).

 

 

CARRIED

 

 

Certified a true and correct copy of the Minutes of the Regular meeting of the Council of the City of Richmond held on Monday, March 13, 2017.

_________________________________

_________________________________

Mayor (Malcolm D. Brodie)

Acting Corporate Officer (Claudia Jesson)