March 27, 2017 - Minutes


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City of Richmond Meeting Minutes

 

Regular Council 
Monday, March 27, 2017

Place:

Council Chambers
Richmond City Hall

Present:

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

Acting Corporate Officer – Claudia Jesson

Call to Order:

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

RES NO.

ITEM

 

 

 

MINUTES

R17/6-1

1.

It was moved and seconded

 

 

That:

 

 

(1)

the minutes of the Regular Council meeting held on March 13, 2017, be adopted as circulated; and

 

 

 

(2)

the minutes of the Regular Council meeting for Public Hearings held on March 20, 2017, be adopted as circulated; and

 

 

 

CARRIED

 

 

COMMITTEE OF THE WHOLE

R17/6-2

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 –  Non-Farm use fill application for the property located at the eastern Terminus of Francis Road (PID:023-860-481) – Cranberry Meadows Farms Ltd.

 

 

Gordon Machin, Farmer, provided background on growing conditions and plans for improving the site and soils (to Grade 1) in order to instigate a change in crops from cranberry to grapes.

 

 

Lucas Machin, Vintner, discussed how siting and soils would meet the challenges of growing grapes in Richmond and his experience at a local vineyard to date.

 

 

In response queries from Council, Mr. G. Machin advised that organics would be added to the blend to ensure improvement to Class 1 grade soil.

 

 

Item No. 17 -  Climate Action – Building Energy Benchmarking Policy Advocacy

 

 

Akua Schatz, Canadian Green Council, expressed support for energy benchmarking, considering it critical to reducing detrimental influences on the environment and citing benefits of tracking energy and water usage of Richmond buildings.

 

 

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. 25 as her husband owns a bed and breakfast and left the meeting at 7:28 p.m.

 

 

Item No. 25 – Revised Proposed Bylaws and Options for Short-Term Rentals

 

 

Andy Hobbs, Richmond resident, referred to the public package commenting on the good information and regulations for a well-managed, liveable sustainable city including restrictions to business opportunities within residential areas. He recommended limiting the ‘owner/occupant’ to the actual owner or grandparents; reducing the allowable number of bedrooms and occupants to two and four respectively.

 

 

Item No. 22 – Update on Agriculturally Zoned Land Housing Regulations, Consultation and Building Permit Activity

 

 

Michael Wolfe, 9731 Odlin Road, BC Green Party Candidate, Richmond-Queensborough, asked that consideration of Item 22 be deferred because the information from a meeting held that afternoon was not available and stated his general opposition to larger footprints for residential buildings on agricultural land.

 

 

Item No. 8 – Non-Farm use fill application for the property located at the eastern Terminus of Francis Road (PID:023-860-481) - Cranberry Meadows Farms Ltd.

 

 

Mr. Wolfe stated his opposition to sending this recommendation to the Agricultural Land Commission at this time. Mr. Wolfe noted the site was in a Sandhill Crane wet land habitat.

 

 

Item No. 9 – George Massey Tunnel Replacement Project – Analysis of Approved Environment Assessment Certificate

 

 

Mr. Wolfe stated his opposition to the proposed bridge design imposed on Richmond and discussed imminent shadow analyses.

 

 

Item No. 25 – Revised Proposed Bylaws and Options for Short-Term Rentals

 

 

Lyn ter Borg, 5860 Sandpiper Court, commented on the lack of follow up on enquiries made in discussions with staff and challenged the interpretation of the proposed bylaw wording related to rental of the entire home. Ms. ter Borg read from her submission (attached to and forming part of these minutes Schedule 1).

 

 

Ms. ter Borg referred to a letter from Tourism and Chamber of Commerce requesting a simple, clear and reasonable process for B&B owner/operators and suggested signage be displayed indicating that the residence is an approved B&B operation.

 

 

Ms. ter Borg commented on the expanded definition of owner and recommended that it be limited to individual registered ownership.

 

 

Item No. 25 – Revised Proposed Bylaws and Options for Short-Term Rentals

 

 

Kathryn McCreary, 7560 Glacier Crescent, stated her support for Ms. ter Borg’s views in regards to B&B operations and commented on the disruptive changing nature of her residential street with the influx of larger residences and home-based businesses. Ms. McCreary further commented on permanent residency standards and recommended that home-based businesses be run by immediate family and ensures that legal B&B’s comply with Canadian tax rules. Ms. McCreary read from her submission (attached to and forming part of these Minutes as Schedule 2).

 

 

Councillor Day returned to the meeting (7:49 p.m.)

R17/6-3

4.

It was moved and seconded

 

 

That Committee rise and report (7:49 p.m.).

 

 

CARRIED

 

 

CONSENT AGENDA

R17/6-4

5.

It was moved and seconded

 

 

That Items No. 6 through No. 21 be adopted by general consent.

 

 

CARRIED

 

6.

COMMITTEE MINUTES

 

 

 

That the minutes of:

 

 

(1)

the Community Safety Committee meeting held on March 14, 2017;

 

 

(2)

the General Purposes Committee meeting held on March 20, 2017;

 

 

(3)

the Planning Committee meeting held on March 21, 2017; and

 

 

(4)

the Public Works and Transportation Committee meeting held on March 22, 2017;

 

 

be received for information.

 

 

 

ADOPTED ON CONSENT

 

7.

Proposed Amendment to Traffic Bylaw No. 5870
(File Ref. No. 12-8060-20-009689/9690) (REDMS No. 5327697 v. 3; 5288063; 5318895)

 

 

(1)

That Traffic Bylaw No. 5870, Amendment Bylaw No. 9689 be introduced and given first, second and third readings; and

 

 

(2)

That Notice of Bylaw Violation Dispute Adjudication Bylaw No. 8122, Amendment Bylaw No. 9690 be introduced and given first, second and third readings.

 

 

ADOPTED ON CONSENT

 

8.

Non-Farm Use Fill Application for the Property Located at the Eastern Terminus of Francis Road (PID: 023-860-481) – Cranberry Meadows Farms Ltd.
(File Ref. No. 12-8350-05-CD42047) (REDMS No. 5304965; 5260072)

 

 

(1)

That the application and corresponding staff report titled “Non-Farm Use Fill Application for the Property Located at the Eastern Terminus of Francis Road” (PID 023-860-481) – Cranberry Meadows Farms Ltd.”, dated March 1, 2017, by the Acting General Manager; Law and Community Safety be referred to the Agricultural Land Commission (ALC); and

 

 

(2)

That should the ALC grant approval, the applicant must satisfy all City and ALC requirements and obtain a soil deposit permit with conditions from the City prior to any soil being deposited on the property.

 

 

ADOPTED ON CONSENT

 

9.

George Massey Tunnel Replacement Project – Analysis of Approved Environmental Assessment Certificate
(File Ref. No. 10-6350-05-08; 10-6125-30-006) (REDMS No. 5315720 v. 4; 4998880)

 

 

(1)

That the City continue to reiterate its significant outstanding concerns to the Province regarding the George Massey Tunnel Replacement Project by sending a letter to the Premier of BC, the BC Minister of Transportation and Infrastructure, the Leader of the Opposition, local MLAs, local MPs, the federal Minister of the Environment, and the federal Minster of Transport requesting that the Ministry address the concerns that were not resolved through the Environmental Assessment Application process for the Project;

 

 

(2)

That staff be directed to continue seeking mitigation of any potential negative impacts of the Project on Richmond and the region through participation in Working Groups and input into management plans required by the Environmental Assessment Certificate as well as on-going involvement in the design and construction phases and related permit processes; and

 

 

(3)

That staff report back on the potential implications for extended delivery and pick-up hours within the City.

 

 

ADOPTED ON CONSENT

 

10.

Special General Meeting of the Lulu Island Energy Company District Energy Assets Transfer Consideration Value Ratification
(File Ref. No. 01-0060-20-LIEC1) (REDMS No. 5333683; 5320416; 5328134)

 

 

That the ordinary resolution of the shareholder in Attachment 1 of the Lulu Island Energy Company report dated February 15, 2017 that ratifies the value of the district energy assets transferred to Lulu Island Energy Company (LIEC) be approved and adopted.

 

 

ADOPTED ON CONSENT

 

11.

Application by OpenRoad Auto Group Ltd. for a Zoning Text Amendment to the “Vehicle Sales (CV)” Zone to Increase the Maximum Permitted Floor Area Ratio to 0.70 for the Property Located at 13100 Smallwood Place
(File Ref. No. 12-8060-20-009672; ZT 16-754143) (REDMS No. 5326902 v. 2; 2221494; 5272021)

 

 

 

That Richmond Zoning Bylaw 8500, Amendment Bylaw 9672, for a Zoning Text Amendment to the “Vehicle Sales (CV)” zone, to increase the maximum permitted Floor Area Ratio (FAR) to 0.70 for the property located at 13100 Smallwood Place, be introduced and given first reading.

 

 

ADOPTED ON CONSENT

 

12.

Application by Mickey Chow for Rezoning at 9680 Aquila Road from Single Detached (RS1/E) to Residential Child Care (RCC)
(File Ref. No. 12-8060-20-009685; RZ 16-743867) (REDMS No. 5286384 v. 2; 5308500)

 

 

 

That Richmond Zoning Bylaw 8500, Amendment Bylaw 9685, for the rezoning of 9680 Aquila Road from “Single Detached (RS1/E)” to “Residential Child Care (RCC)”, be introduced and given first reading.

 

 

ADOPTED ON CONSENT

 

13.

Application by Brook Pooni Associates Inc. for a Zoning Text Amendment to the Light Industrial (IL) Zone to Permit Outdoor Storage at 16160 and 16268 River Road
(File Ref. No. 12-8060-20-009697; RZ 15-707253) (REDMS No. 5333725; 2303774; 5334091)

 

 

 

That Richmond Zoning Bylaw 8500, Amendment Bylaw 9697, for a Zoning Text Amendment to the “Light Industrial (IL)” zone to permit “outdoor storage” at 16160 and 16268 River Road, be introduced and given first reading.

 

 

ADOPTED ON CONSENT

 

14.

Application by Suncor Energy Inc. (Petro-Canada Inc.) for a Zoning Text Amendment to the Gas Station Commercial (ZC15) – Broadmoor and Ironwood Area to Permit a Drive-Through Restaurant at 11991 Steveston Highway
(File Ref. No. 12-8060-20-009698; ZT 14-656010) (REDMS No. 5336093; 5335931)

 

 

 

That Richmond Zoning Bylaw 8500, Amendment Bylaw 9698, for a Zoning Text Amendment to the “Gas Station Commercial (ZC15) – Broadmoor and Ironwood” zone to permit “Restaurant, drive-through” at 11991 Steveston Highway, be introduced and given first reading.

 

 

ADOPTED ON CONSENT

 

15.

TransLink 2017 Capital Program Cost-Share Supplemental Submissions
(File Ref. No. 01-0154-04; 03-1000-03-106) (REDMS No. 5298006 v. 2)

 

 

(1)

That the supplemental submission of pedestrian and bicycle improvement projects for cost-sharing as part of the TransLink 2017 Major Road Network and Bicycle Program as described in the report titled, “TransLink 2017 Capital Program Cost-Share Supplemental Submissions” dated February 22, 2017 from the Director, Transportation, be endorsed; and

 

 

(2)

That, should the above submissions be successful, the Chief Administrative Officer and General Manager, Planning and Development be authorized to execute the funding agreements and the 2017 Capital Plan and the 5-Year Financial Plan (2017-2021) be updated accordingly.

 

 

ADOPTED ON CONSENT

 

16.

ICBC – city of richmond road improvement program – proposed projects for 2017
(File Ref. No. 01-0150-20-ICBC1-01; 03-1000-03-006) (REDMS No. 5297022)

 

 

(1)

That the list of proposed road safety improvement projects, as described in Attachment 2 of the staff report titled “ICBC-City of Richmond Road Improvement Program – Proposed Projects for 2017,” dated February 15, 2017 from the Director, Transportation be endorsed for submission to the ICBC 2017 Road Improvement Program for consideration of cost sharing funding; and

 

 

(2)

That should the above applications be successful, the Chief Administrative Officer and General Manager, Planning and Development be authorized to negotiate and execute the cost-share agreements, and that the 5-Year Financial Plan (2017-2021) be amended accordingly.

 

 

ADOPTED ON CONSENT

 

17.

Climate action – building energy benchmarking policy advocacy
(File Ref. No. 10-6125-07-02 Xr: 01-0060-20-LMGA1; 01-0060-20-UBCMI-01; 01-0157-20-CLIM1; 01-0060-20-RFBC1; 01-0150-20-BCHY1; 10-6125-00) (REDMS No. 4859414 v.8)

 

 

That, as described in the staff report titled “Climate Action – Building Energy Benchmarking Policy” from Director, Engineering, dated February 23, 2017:

 

 

(1)

a resolution be forwarded to the Lower Mainland Local Government Association and the Union of BC Municipalities calling for the province to establish requirements for energy benchmarking of large buildings;

 

 

(2)

a letter be sent to the Chair of Metro Vancouver’s Climate Action Committee calling on Metro Vancouver to lead the development of a regional benchmarking program;

 

 

(3)

the Chief Administrative Officer and the General Manager, Engineering and Public Works be authorized to execute funding and partnership agreements with the Real Estate Foundation of BC and BC Hydro to develop benchmarking policy analysis and automated utility data exchange capabilities, and that amendments to the 5 Year Financial Plan (2017-2021) Bylaw be brought forward for up to $155,000 in expenditures, subject to successful grant applications up to $140,000 to be covered by grant funding and a $15,000 City contribution from the Carbon Tax Provision; and

 

 

(4)

staff be directed to report back to Council options to establish building energy benchmarking policy for larger buildings in Richmond as a pilot measure.

 

 

ADOPTED ON CONSENT

 

18.

Lower Mainland Flood Management Strategy Update 
(File Ref. No. 10-6060-01; 10-6150-05-01) (REDMS No. 5329704)

 

 

That the City of Richmond commits to continue participation in the Lower Mainland Flood Management Strategy for a further two years.

 

 

ADOPTED ON CONSENT

 

19.

2017 Liquid Waste Management Plan Biennial Report
(File Ref. No. 10-6060-03-01; 10-6400-09-01) (REDMS No. 5303404; 5272713)

 

 

That the staff report titled “2017 Liquid Waste Management Plan Biennial Report,” dated February 24, 2017, from the Director, Engineering be submitted to Metro Vancouver.

 

 

ADOPTED ON CONSENT

 

20.

2017 Clothes Washer Rebate Program
(File Ref. No. 10-6060-01; 03-1000-05-211; 10-6650-02) (REDMS No. 5285107)

 

 

(1)

That the City of Richmond partner with BC Hydro to the end of 2017 to offer rebates of up to $200, equally cost shared between BC Hydro and the City, for the replacement of inefficient clothes washers with new high efficiency clothes washers;

 

 

(2)

That the scope of the existing Toilet Rebate Program funding be expanded to include clothes washer rebates; and

 

 

(3)

That the Chief Administrative Officer and General Manager, Engineering and Public Works, be authorized to execute an agreement with BC Hydro to implement the Clothes Washer Rebate Program.

 

 

ADOPTED ON CONSENT

 

21.

Servicing Agreement with YYH Development Ltd. for 6340 No. 3 Road 
(File Ref. No. 10-6060-01; 03-1000-03-112) (REDMS No. 5323478)

 

 

(1)

That the City enter into a servicing agreement with YYH Development Ltd. to remove and replace an ageing City sanitary sewer main located on their property at 6340 No. 3 Road;

 

 

(2)

That the existing statutory rights-of-way (SRW), Registration No. A18319, 288432C, 288922C, and 52405, registered to 6340 No. 3 Road (Lot 169 Section 9 Block 4N Range 6W New Westminster Plan 41547) be discharged in its entirety; and

 

 

(3)

That the Chief Administrative Officer and the General Manager, Engineering and Public Works, be authorized to execute the above recommendations.

 

 

ADOPTED ON CONSENT

*****************************

 

 

CONSIDERATION OF MATTERS REMOVED FROM THE CONSENT AGENDA

***************************** 

 

 

NON-CONSENT AGENDA ITEMS

 

 

GENERAL PURPOSES COMMITTEE –
Mayor Malcolm D. Brodie, Chair

 

22.

UPDATE ON AGRICULTURALLY ZONED LAND HOUSING REGULATIONS, CONSULTATION AND BUILDING PERMIT ACTIVITY
(File Ref. No. 08-4057-10; 08-4430-03-07) (REDMS No. 5346368 v. 13)

R17/6-5

 

It was moved and seconded

 

 

Whereas section 463 of the Local Government Act allows the withholding of building permits that conflict with bylaws in preparation; and

 

 

Whereas Council directed staff to conduct public consultation regarding house size, farm home plate and setbacks, including residential accessory buildings,

 

 

(1)

That staff be directed to prepare for Council’s consideration a bylaw to limit house size, farm home plate and setbacks, including residential accessory buildings in the Agriculture (AG) zones; and

 

 

(2)

That staff bring all building permit applications for residential development, including residential accessory buildings, in the Agriculture (AG) zones received more than 7 days after the passage of resolution #1 to Council, to determine whether such applications are in conflict with the proposed bylaw to limit house size, farm home plate and setbacks, including residential accessory buildings in the Agriculture (AG) zones.

 

 

The question on the motion was not called due to the introduction of a tabling motion.

          

 

It was moved and seconded

 

 

That the proposed resolution in the staff report titled “Update on Agriculturally Zoned Land Housing Regulations, Consultation and Building Permit Activity” be tabled to the next Council Meeting of April 10, 2017.

 

 

DEFEATED
Opposed: Mayor Brodie
Cllrs. Dang
Day
Johnston
McNulty
McPhail
Steves

 

 

Prior to calling the question, discussion ensued regarding the upcoming process and next steps for staff reporting back.

 

 

The question on Resolution R17/6-5 was then called and it was CARRIED with Cllr. Loo opposed.

 

 

PLANNING COMMITTEE –
Councillor Linda McPhail, Chair

 

23.

Application by Anthem Properties Group Ltd. for Rezoning at 10475, 10491, 10511, 10531, 10551, 10571, 10591 and 10631 No. 5 Road from “Single Detached (RS1/E)” Zone to “Medium Density Townhouses (RTM3)”
(File Ref. No. 12-8060-20-009687; RZ-16-726337) (REDMS No. 5228881; 5327032)

 

 

It was moved and seconded

 

 

That Richmond Zoning Bylaw 8500, Amendment Bylaw 9687, for the rezoning of 10475, 10491, 10511, 10531, 10551, 10571, 10591 and 10631 No. 5 Road from “Single Detached (RS1/E)” zone to “Medium Density Townhouses (RTM3)” zone, be introduced and given first reading.

 

 

The question on the motion was not called as discussion took place regarding the possible addition of secondary suites and possible relaxations or incentives to provide moderately affordable housing options (addition of a minimum of six rental suites).

 

 

Concern was expressed that the laneway was not used for vehicular access and that there was only one point of entry to the site. Staff advised that the design was in response to extensive public consultation that indicated existing residences did not want multi-family access through the rear laneway.

 

 

In response to a question from Council, staff commented that the proposed access route was similar to other developments along Steveston Highway, with the interior road connected from complex to complex and it is a model that has been successful in the neighbourhood.

 

 

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

 

 

It was moved and seconded

 

 

That Richmond Zoning Bylaw 8500, Amendment Bylaw 9687, for the rezoning of 10475, 10491, 10511, 10531, 10551, 10571, 10591 and 10631 No. 5 Road from “Single Detached (RS1/E)” zone to “Medium Density Townhouses (RTM3)” zone, be referred to staff to investigate the possibility of including market rental units being part of the development and examine potential entrances into the proposed development.

 

 

DEFEATED
Opposed: Cllrs. Day
Dang
Johnston
McPhail 
Steves

 

 

A further referral motion was introduced:

R17/6-6

 

It was moved and seconded

 

 

That Richmond Zoning Bylaw 8500, Amendment Bylaw 9687, for the rezoning of 10475, 10491, 10511, 10531, 10551, 10571, 10591 and 10631 No. 5 Road from “Single Detached (RS1/E)” zone to “Medium Density Townhouses (RTM3)” zone, be referred to staff to investigate the possibility of including secondary suites.

 

 

CARRIED
Opposed: Cllr Loo

 

24.

Application by Krahn Engineering Ltd. for a Zoning Text Amendment to the "Light Industrial (IL)” Zone for a Site at 9920 River Drive
(File Ref. No. 12-8060-20-009694; ZT 16-753545) (REDMS No. 5331834 v. 2; 5331827)

R17/6-7

 

It was moved and seconded

 

 

That Richmond Zoning Bylaw 8500, Amendment Bylaw 9694, for a Text Amendment to the “Light Industrial (IL)” zone to allow “non-accessory parking” on a site-specific basis for the property at 9920 River Drive, be introduced and given first reading.

 

 

The question on the motion was not called as discussion took place regarding other possible land available for this proposed use.

 

 

In response to a query from Council, staff stated they could not comment on the impact to parking at the airport should the SkyTrain service to Langley be available.

 

 

The question on Resolution 17/6-7 was then called and it was CARRIED with Cllr. Steves opposed.

 

 

FINANCE AND CORPORATE SERVICES DIVISION

 

25.

Revised Proposed Bylaws and Options for Short-Term Rentals
(File Ref. No. 08-4430-03-12; 12-8060-20-9691/9647/9692/9649/9650/9651/9652) (REDMS No. 5340970 v. 5; 5324334; 5221655; 5285428; 5323398; 5327463; 5330921; 5327641; 5327538; 5327683; 5327968; 5314950; 5329717; 5329719; 5285428; 5342861; 5329722; 5341501; 5324903; 5328066; 5339923; 5340131; 5339925; 5339922)

 

 

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. 25 as her husband owns a bed and breakfast and left the meeting at 9:33 p.m.

R17/6-8

 

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, requiring that the B&B is the primary residence of the owner-operator 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)

Consolidated 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 3 of this report explaining the proposed changes (identified in the above recommendation) to the short-term rental regulations be endorsed;

 

 

(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 and discussion ensued regarding the requirement that operators be restricted to be owners or an immediate family member.

 

 

Staff provided further clarification on questions from Council, including the following:

 

 

§   

Specific requirements for a B&B to be operated by owner or immediate family members;

 

 

§   

The recommendation of limitation to three rooms;

 

 

§   

Expanding restrictions to B&B’s with respect to boarders and lodgers, secondary suites, code of conduct and liability insurance;

 

 

§   

Increased ability to ticket for non-compliance (ticket fines from $250.00 to $1,000 per day);

 

 

§   

The 500 metre buffer required between new B&B operations;

 

 

§   

Confirmation that a dwelling with a secondary rental suite cannot also be used as a B&B;

 

 

§   

If the owner sells the land, a new application for the operation of a home-based B&B would be required from the new owner; and

 

 

§   

Requirement of proof of ownership.

 

 

As a result of the discussion, the following amendment motion was introduced:

R17/6-9

 

It was moved and seconded

 

 

That Richmond Zoning Bylaw 8500, Amendment Bylaw 9647 be amended provided that the definition of family member exclude subsections (d), (e) and (f); and

 

 

That Recommendation 13 be included to read:

That staff review and analyze short-term rental premises as fully relate to Agricultural Land Reserve.

 

CARRIED
Opposed: Cllrs. Johnston
Loo

 

 

The question was then called on Resolution R17/6-8, as amended per Resolution R17/6-9, which reads as follows:

 

 

In respect to bed and breakfast (“B&B”) uses in single-family and agricultural zones, implementing a distance buffer between B&B establishments, requiring that the B&B is the primary residence of the owner-operator 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 with the amendment that the definition of family member exclude subsections (d), (e), and (f);

 

 

(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)

Consolidated 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 3 of this report explaining the proposed changes (identified in the above recommendation) to the short-term rental regulations be endorsed;

 

 

(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;

 

 

(12)

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

 

 

(13)

That staff review and analyze short-term rental premises as fully relate to Agricultural Land Reserve.

 

 

was CARRIED.

 

 

Councillor Day returned to the meeting (10:02 p.m.).

 

 

PUBLIC ANNOUNCEMENTS

 

 

Mayor Brodie announced that William Ng was the newly assigned Superintendent of the RCMP and made note of the following community events:

 

 

§   

Wellness Fair;

 

 

§   

Spirit of Cherry Blossom celebration;

 

 

§   

Gateway Theatre new performance, Watershed;

 

 

§   

Lulu Series Art in the City;

 

 

§   

New Art Gallery Exhibits; and

 

 

§   

The 100th Anniversary of the Battle of Vimy Ridge ceremony on April 9, 2017.

 

 

Councillor McNulty announced that Friends of the Richmond Library had raised over $6,000 for the library and acknowledged their efforts in holding a successful fundraiser.

 

 

BYLAWS FOR ADOPTION

R17/6-10

 

It was moved and seconded

 

 

That the following bylaws be adopted:

 

Soil Removal and Fill Deposit Regulation Bylaw No. 8094, Amendment
Bylaw No. 8992

 

 

Richmond Zoning Bylaw No. 8500, Amendment Bylaw No. 9561

 

 

CARRIED

 

 

DEVELOPMENT PERMIT PANEL

R17/6-11

26.

It was moved and seconded

 

(1)

That the minutes of the Development Permit Panel meeting held on February 15, 2017 and the Chair’s report for the Development Permit Panel meetings held on October 26, 2016, and November 30, 2016, be received for information; and

 

 

(2)

That the recommendations of the Panel to authorize the issuance of:

 

(a)

a Development Permit (DP 16-727168) for the property at 7311 No. 5 Road; and

 

 

 

(b)

a Development Variance Permit (DV 15-717479) for the property at 10691 Bromfield Place;

 

 

 

be endorsed, and the Permits so issued.

 

 

CARRIED

 

 

ADJOURNMENT

R17/6-12

 

It was moved and seconded

 

 

That the meeting adjourn (10:15 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 27, 2017.

_________________________________

_________________________________

Mayor (Malcolm D. Brodie)

Acting Corporate Officer (Claudia Jesson)