MUNICIPAL PLANNING COMMISSION MEETING AGENDA Banff Town Hall Council Chambers Wednesday, October 11, 2017 at 9:00 am

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1 MUNICIPAL PLANNING COMMISSION MEETING AGENDA Banff Town Hall Council Chambers Wednesday, October 11, 2017 at 9:00 am 1.0 CALL TO ORDER 2.0 APPROVAL OF THE AGENDA 2.1 Declaration of Conflicts 3.0 ADOPTION OF PREVIOUS COMMISSION MINUTES 3.1 Minutes of the September 13, 2017 Regular Meeting 4.0 UNFINISHED BUSINESS 5.0 REPORTS DP76 Proposed Bed and Breakfast at 129 Muskrat Street (4 bedrooms) i. Staff Presentation ii. Public input iii. Applicant input DP74 Proposed Bed and Breakfast at 125 Wolverine Street (3 bedrooms) i. Staff Presentation ii. Public input iii. Applicant input 6.0 CORRESPONDENCE 7.0 NEW BUSINESS 8.0 INQUIRIES 9.0 DATE OF NEXT MEETING/ADJOURNMENT 9.1 The next MPC meeting is scheduled for Wednesday, November 8, 2017 at 9:00am. cc : Ted Christensen Council Representative Robert Earl Town Manager (Agenda only) Brian Standish Council Representative Randall McKay Manager Planning & Development Ken Riordon Public Representative Darren Enns Senior Planner Richard Church Public Representative Dave Michaels Planner Brian Smythe Public Representative Jennifer Laforest Planner Ray Horyn Public Representative Jon Ball GIS Coordinator Scott McElhone Public Representative Banff Crag & Canyon Byran Howie Parks Canada Representative Rocky Mountain Outlook

2 Regular Meeting of the Municipal Planning Commission September 13, 2017 Page 39 Unapproved Agenda Item #3.0 October 11, 2017 MINUTES OF THE MUNICIPAL PLANNING COMMISSION of the Town of Banff in the Province of Alberta Town Hall Council Chamber Wednesday, September 13, 2017 at 9:00 a.m. COMMISSION MEMBERS PRESENT Raymond Horyn Public Representative (Chair) Scott McElhone Public Representative Brian Smythe Public Representative Richard Church Public Representative Ted Christensen Council Representative Brian Standish Council Representative Bryan Howie Minister of the Environment Representative COMMISSION MEMBERS ABSENT Ken Riordon Public Representative (Vice Chair) ADMINISTRATION PRESENT Darren Enns Manager, Development Services David Michaels Development Planner Kerry MacInnis Planning (MPC Recorder) 1.0 CALL TO ORDER The Chair to the Municipal Planning Commission called the September 13, 2017 meeting of MPC to order at 9:00a.m. 2.0 APPROVAL OF AGENDA Moved by Smythe to approve the agenda of the September 13, 2017 meeting of the Municipal Planning Commission agenda as amended. Add Agenda Item # 7.1 Apply for a Committee CARRIED 2.1 The Chair asked if any members of the Municipal Planning Commission would be declaring a conflict of interest in hearing today s meeting. No conflict was declared. 3.0 ADOPTION OF PREVIOUS COMMISSION MINUTES Moved by Christensen to approve the minutes of the August 9, 2017 meeting of the Municipal Planning Commission as presented. CARRIED 4.0 UNFINISHED BUSINESS Minutes approved by:

3 Regular Meeting of the Municipal Planning Commission September 13, 2017 Page 40 Unapproved Agenda Item #3.0 October 11, 2017 There was no unfinished business. 5.0 REPORTS DP09 Proposed Accessory Development (Garage) with Accessory Dwelling at 316 Lynx Street i. Staff Presentation Administration provided a presentation and overview on this proposal. ii. iii. Public input There was no public input. Applicant input The applicant, Mrs. Jakubiz, requested that there not be a condition of approval to suggest that the existing apple tree in the front yard be cut down. The MPC report stated that the property had five infractions on Trip Advisor, however, we don t advertise on this site? Fence: the fence on Lynx Street? Administration s response: The apple tree doesn t need to be removed at this property and won t be included in the conditions of approval. We tracked that this property was using more guest rooms than approved, that is why the Town had enforced on this existing BnB. The house was renting out 5 bedrooms instead of the 2 bedroom BnB it has been previously approved. The fence has been built on the town roadway. Fortis will be replacing all the lamp posts next year and will remove any fences that are on the town roadway. Moved by Smythe that the MPC move in camera at 9:40a.m to discuss a matter where public disclosure could be harmful to third party personal privacy as per Section 17 of the Freedom of Information and Protection of Privacy Act. CARRIED Moved by Standish to return to the public meeting at 10:00a.m. CARRIED Minutes approved by:

4 Regular Meeting of the Municipal Planning Commission September 13, 2017 Page 41 Unapproved Agenda Item #3.0 October 11, 2017 Moved by Smythe to add as a condition of approval to the development permit 17DP09, applicant must apply and have approved a development permit and building permit for the existing stairway to the basement suite prior to issuance of the development permit. CARRIED Moved by Smythe to add as a condition of approval to the development permit 17DP09, the applicant must provide a revised landscape plan which conforms to Section of the Land Use Bylaw driveway frontage on a lane. CARRIED Moved by Smythe that Municipal Planning Commission approve development permit application 17DP09 for an Accessory Development (Garage) with 1-Bedroom Accessory Dwelling at 316 Lynx Street subject to the amended conditions of approval attached as Appendix A. CARRIED Appendix A Conditions of Approval 1. Conditions to be met prior to issuance of the Development Permit a. Pay to the Town of Banff the Municipal Planning Commission Surcharge of $ as established by Schedule G of the Town of Banff Land Use Bylaw; b. Pay to the Town of Banff Off-Site Levies in the amount of $ as established by Town of Banff Fees and Charges Bylaw 378 ($21.37/m2 x 53.29m of gross floor area); c. Pay to the Town of Banff Residential Waste Fee in the amount of $ in lieu of on-site garbage facilities ($700.00/dwelling rate) as established by Town of Banff Waste Bylaw 18-4; d. Pay to the Town of Banff a Civic Addressing Fee of $75.00 as established by Schedule G of the Town of Banff Land Use Bylaw ($75.00/unit); e. Submit a detailed Landscaping Cost Estimate for all on and off-site landscaping prepared by a Landscape Architect, specifying all plant materials, their size, numbers, location and species; f. Submit a detailed Hard Surfacing Cost Estimate, as determined by the contractor or Landscape Architect, for all onsite hard-surfaced areas (driveway, parking area, walkways, patios) and repair of off-site surfaces (roadway, sidewalk, curb/gutter, driveway crossing) specifying type of materials and finishes; g. Provide two (2) separate Irrevocable Letters of Credit in the amount of 125% of the value of the cost estimate for both the hard surfacing and landscaping to secure completion of work. h. Obtain an Environmental Impact Analysis under the Model Class Screening Report for Routine Projects in the Town of Banff under Sub-Class 1 (Buildings) which contains a determination that no significant adverse environmental effects are anticipated. i. Submit a Construction Site Plan and provide description of soil and erosion control mitigations that will be used during construction. The construction site plan shall identify all trees to be retained. All existing trees to be retained Minutes approved by:

5 Regular Meeting of the Municipal Planning Commission September 13, 2017 Page 42 Unapproved Agenda Item #3.0 October 11, 2017 shall be protected by fencing set at the outer canopy (drip line) of the tree during demolition, excavation and construction; j. Submit a Construction Hoarding Plan for the rear of the site including proposed height, colour, location of access points and any off-site encroachments associated with the required construction hoarding. Solid hoarding (min. 1.8m height) for safety and screening adjacent to laneway with a 12 return along each side yard, with other appropriate fencing on all other property lines. All signage along the solid hoarding fence must conform to the requirements of the Land Use Bylaw; k. Submit a proposed Truck Route and Traffic Plan for construction vehicles entering and exiting the site. Show locations of all on-site storage (e.g. material, equipment, etc.) during construction; l. Submit a completed Subcontractor Information Sheet to Town of Banff Business Licensing Clerk with the Planning and Development Department. The information sheet shall provide a list of the sub-contractors to be employed in the construction of the development. m. Applicant must apply and have approved a development permit and building permit for the existing stairway to the basement suite prior to issuance of the development permit. n. Applicant must provide a revised landscape plan which conforms to Section of the Land Use Bylaw driveway frontage on a lane. 2. Specific Conditions a. This notice provides the decision of the Municipal Planning Commission regarding the application to construct Accessory Development with a 53m 2 Accessory Dwelling (1-bedroom) at 316 Lynx Street. b. The development permit will not be issued until the required 14-day appeal period beginning September 21st 2017 has closed. c. Any further changes to the approved plans or building shall be submitted for review and approval of the development officer prior to implementation on-site; d. It is the responsibility of the project proponent to ensure that any and all mitigation measures, and any additional instructions, identified in the Determination of Environmental Impacts, issued by Parks Canada Environmental Assessment office are adhered to; e. Consideration should be given to replacing the two existing Crab Apple trees and replanting with approved species. 3. General Conditions a. Provide Dust Suppression (spraying) of site during demolition activities. A hydrant meter can be obtained from the Town of Banff Operations Department by telephone at ; b. The project proponent shall ensure that any hazardous materials discovered during excavation are immediately reported to Parks Canada and properly disposed of according to current regulations; c. Management of all uncontaminated (clean) soil excavated from the site shall be arranged through Parks Canada. Contractors must obtain a Restricted Activity Permit in order to dispose of clean fill at the Cascade Pit. Further direction and information about permit approval may be obtained by contacting Banff National Park Dispatch at Minutes approved by:

6 Regular Meeting of the Municipal Planning Commission September 13, 2017 Page 43 Unapproved Agenda Item #3.0 October 11, ; d. All timber to be removed from the site is the property of Parks Canada. Please contact the Environmental Assessment Specialist at to confirm whether Parks Canada has any need for such materials; e. Tree removal shall be conducted in accordance with all applicable Acts and Regulations including, but not limited to, the Canada National Parks Act and the Migratory Birds Convention Act, 1994; f. Install Hoarding around the perimeter of the site prior to commencing construction. Site hoarding shall not be installed without the prior written permission of the Banff Fire Department; g. Apply for a Street Use Permit from the Town of Banff (if necessary) at least 48 hours prior to the undertaking of any work associated with the removal of existing tree(s), on Town property including the adjacent street or sidewalk; h. Disturbance of public roadways and installation of utility trenches shall be inspected and approved in writing by the Director of Engineering prior to backfill. Please contact Town of Banff Engineering at to arrange for an inspection. All installations shall conform to the standards of the City of Calgary; i. Minimize the idling of construction vehicle engines at all times in accordance with Town of Banff Traffic Bylaw 16-7; j. Confine noise activities to hours set out in Town of Banff Community Standards Bylaw 260; k. Ensure that all garbage and food waste is stored in bear-proof bins as per Town of Banff Waste Bylaw Construction sites must undergo thorough clean-up, including removal of general litter at project completion; l. Submit a detailed Deep and Shallow Utilities Servicing Plan for review and approval by Director of Engineering; m. The Deep Utilities Servicing Plan shall include: connection to existing water service and sanitary sewer, details of pipe material(s) and size(s), location of new water meter(s) and remote reading device(s), location of existing/redundant services to be abandoned at main line and removed from the public roadway; n. The Shallow Utilities Servicing Plan shall include: location(s) of existing services to be removed; location of proposed gas, power and communications lines; o. The applicant shall arrange to have the landscaping completed by no later than one year from the date of issuance of the Development Permit. If in the event that this work is not completed by this date, the Town shall cash the Letter of Credit and arrange for the completion of this work at the expense of the owner; p. The applicant shall arrange to have all of the driveway and hard surfaced areas completed, including repairs to off-site areas (roadway), by no later than one year from the date of issuance of the Development Permit. If in the event that this work is not completed by this date, the Town shall cash the Letter of Credit and arrange the completion of this work at the expense of the owner; q. A water meter and remote reading device shall be installed at the dwelling(s) prior to issuance of an Occupancy Permit. Property owners shall provide free and convenient access to the premises and building at all reasonable times for the purpose of reading meters. The installation of the water meter shall be inspected by the Town of Banff Utilities Department, please call to arrange for an inspection; Minutes approved by:

7 Regular Meeting of the Municipal Planning Commission September 13, 2017 Page 44 Unapproved Agenda Item #3.0 October 11, 2017 Moved by Christensen that the Municipal Planning Commission recommend that Council direct administration to provide direction on how to proceed with enforcement on existing Bed and Breakfast establishments that are operating outside of their permitted use. Example: when a bed and breakfast advertises they have four bedrooms available when, in fact, they have only been approved to operate two bedrooms. CARRIED 6.0 CORRESPONDENCE There was no correspondence. 7.0 NEW BUSINESS 7.1 Apply for a Committee The Town of Banff is currently recruiting for committees. Applications are due Friday, September 29, For more information: INQUIRIES There were no inquiries. 9.0 DATE OF NEXT MEETINGS/ADJOURNMENT The next regularly scheduled meeting of the Municipal Planning Commission is scheduled for Wednesday, October 11, 2017 at 9:00 a.m. Moved by Smythe to adjourn the meeting at 10:15 a.m. Ray Horyn Kerry MacInnis Chair Planning and Development CARRIED Minutes approved by:

8 REQUEST FOR DECISION Subject: Proposed: Bed and Breakfast Home (17DP76) 129 Muskrat Street Presented to: Submitted by: Municipal Planning Commission David Michaels, Development Planner Date: October 11, 2017 Agenda #: 5.1 RECOMMENDATION That Municipal Planning Commission approve Development Permit application 17DP76 for a Bed and Breakfast Home containing four (4) Commercial Accommodation Units, located at 129 Muskrat Street, subject to the conditions of approval attached as Appendix A. BACKGROUND Reason for Report To present for the consideration of the Municipal Planning Commission (MPC) a Development Permit application for a previously approved Bed and Breakfast Home at 129 Muskrat Street due to new ownership. Bed and Breakfast Homes are a discretionary use in all Land Use Districts in which they are allowed. Municipal Planning Commission is the Development Approving Authority for all discretionary uses of this type. In May 2017, Planning and Development were informed that the shareholders of the corporation that owned 129 Muskrat Street, E&L Treutler Investments Ltd., had changed and therefore the previously approved Bed and Breakfast Home at this address (97DP59) was no longer valid. At the June 14, 2017 meeting of the MPC an application for a Bed and Breakfast Home containing four Commercial Accommodation Units (17DP41) was approved at 129 Muskrat Street for the new owners, subject to the conditions of approval (motion: MPC17-17). A condition of approval to be met prior to the issuance of the Development Permit 17DP41 required the applicant to submit a Statutory Declaration, to the satisfaction of the Development Officer, that confirms that the property is the principal residence of the Owner. A Statutory Declaration was submitted on August 18, 2017, however this indicated that the shareholders had changed from the time of the application and therefore a new application is required as Section (e) of the Land Use Bylaw requires that a bed and breakfast home shall be operated exclusively by a live-in owner.

9 Subject Property 2 of Muskrat Street Summary of Issue The applicant proposes the operation of a previously approved Bed and Breakfast Home from the existing property located in the RCM (Central Muskrat) Land Use District. The existing Single Detached Home at 129 Muskrat Street was previously approved for a Bed and Breakfast Home in 1997 under Development Permit 97DP59, and conditionally approved in June 2017 under Development Permit Application 17DP41. A change in ownership since the approval of 17DP41 requires a new application. The previously approved Bed and Breakfast Home (97DP59) contained four Commercial Accommodation Units (Guest Rooms) and was renewed by the Municipal Planning Commission up to and including Section (e) of the Land Use Bylaw states that a bed and breakfast home shall be operated exclusively by a live-in owner as an accessory use and shall not change the principal residential character, use or external appearance of the dwelling. Further to this, the Land Use Bylaw includes the following definitions: Bed and Breakfast Establishment or Guest Home means a single detached dwelling of an owner, or as joint tenants or tenants in common, who is an eligible resident of Banff National Park and resides therein as his/her principal residence containing at least one (1) bedroom for his/her exclusive use and containing accessory guest accommodation in rooms for the purposes of supplying temporary living accommodation to the public, for a fee. For the purposes of this definition an owner may be a corporation of not more than two (2) shareholders who reside therein as their principal residence. Owner, Live-in means a natural person who is an owner or shareholder of a corporation which is an owner of a property permitted to be operated as a bed and breakfast home and who: a. Lives in the bed and breakfast home; and b. Manages the bed and breakfast home while maintaining eligible residency status. The subject property is owned by a corporation, E&L Treutler Investments Ltd. which has had various shareholders. A Bed and Breakfast Home is tied to the Shareholders as the Owner and therefore a change in shareholders requires a new development permit in order to continue operation of a Bed and Breakfast. The history of Bed and Breakfast Home Applications for 129 Muskrat Street is as follows: MPC: Proposed Bed & Breakfast Home 129 Muskrat Street Agenda #5.1

10 97DP59: Approved Property Owned by E&L Treutler Investments Ltd. 17DP41: Conditionally Approved Property Owned by E&L Treutler Investments Ltd. 3 of 24 17DP76: Property Owned by E&L Treutler Investments Ltd. Shareholders: Shareholder: Shareholder: Eckehard Treutler and Lynne Treutler Change in Shareholders May 1, Canada Inc. Directors: Jonathan White, Mary White Change in Shareholders August 17, 2017 Adam White Directors: Adam White, Jonathan White Shareholder: Jonathan White? Statutory Declaration was required in order to confirm this. Information has been supplied confirming that E&L Treutler Ltd. currently has one shareholder, Adam White, and a Statutory Declaration (Appendix C ) has been provided stating that 129 Muskrat Street is the principal residence of Adam White. Confirmation from Parks Canada that Adam White meets the definition of an Eligible Resident is required in order to confirm that the requirements of Section (e) and the definitions of the Land Use Bylaw have been met. The subject property is located in the RCM (Central Muskrat) Land Use District where three (3) Bed and Breakfast Homes have been previously approved and a maximum of six (6) may be allocated. An inspection of the property by administration confirms that the site plan and floor plans for the Single Detached House are accurate. MPC: Proposed Bed & Breakfast Home 129 Muskrat Street Agenda #5.1

11 4 of 24 The proposal for a Bed and Breakfast Home consists of four (4) Commercial Accommodation Units (Guest Rooms). In accordance with Section (g) of the Bylaw, a Commercial Accommodation Unit must be a minimum of 9.0m 2. Guest Room #1 is approximately 20m 2, Guest Room #2 is approximately 15m 2, Guest Room #3 is approximately 15m 2 and Guest Room #4 is approximately 16m 2. The Land Use Bylaw specifies in Sections (h) and (i) that the indoor and outdoor amenity areas which shall be provided for the dedicated use of guests must have a minimum area of 9.0m 2 each. The proposed indoor guest amenity area is approximately 21m 2 and the outdoor amenity space for guests is located at the rear of the property and is approximately 18m 2. Indoor Amenity Area Outdoor Amenity Area (Shown in Red) The Land Use Bylaw specifies in Sections (a) and (e) that a total of six (6) off-street parking stalls are required. Two parking stalls associated with the Single Detached Housing and one parking stall per Commercial Accommodation Unit Proposed Parking Stall Locations The conditional approval of the previous application, 17DP41 by the Municipal Planning Commission at the June 14, 2017 meeting had four conditions of approval that were required to be met prior to the issuance of the Development Permit. These were: 1(a) Submit a Statutory Declaration, to the satisfaction of the Development Officer, that confirms that the property is the principal residence of the Owner; A Statutory Declaration was submitted however this indicated a change in shareholders had occurred on August 17, 2017, and therefore a new application was required. MPC: Proposed Bed & Breakfast Home 129 Muskrat Street Agenda #5.1

12 1(b) 5 of 24 Submit written confirmation from the Parks Canada Realty Office, to the satisfaction of the Development Officer, that the Owner is an eligible resident of Banff National Park; The applicant submitted a Statutory Declaration stating that Adam White is an Eligible Resident however no confirmation from Parks Canada was provided. Confirmation is required from Parks Canada as the regulating authority with regards to Eligible Residency. 1(c) Submit confirmation, to the satisfaction of the Development Officer, that the property complies with the Alberta Building Code 2014 including bedroom egress, smoke alarms and placement of fire extinguishers; On July 13, 2017 administration received confirmation from the Fire Department that changes to the property had been made and that the property conforms with the relevant building and fire codes. 1(d) Submit an updated floor plan indicating the owner s suites are located in the basement and are for the purpose of the live in owner. An updated floor plan was submitted and is the floor plan used in this application. Response Options The Municipal Planning Commission may approve the application with any conditions deemed necessary, or refuse the application. A decision can also be postponed if more information is required. IMPLICATIONS OF RECOMMENDATION Legislation/Policy Administration are satisfied that the requirements of the Land Use Bylaw surrounding the definitions of Bed and Breakfast Home and Live-in Owner have been met, however confirmation from Parks Canada that Adam White meets the definition of an Eligible Resident is still required. An inspection conducted by administration concluded that the proposed Bed and Breakfast Home is in conformance with the plans provided and complies with the Land Use Bylaw requirements for minimum guest room size, indoor & outdoor amenity areas, and number of parking stalls. Planning and Development is of the opinion that the proposed development is consistent with the Banff National Park Management Plan. Notably, the following sections of the Management Plan were assessed and interpreted: Banff National Park of Canada Management Plan Policy Direction: It is anticipated that the permanent population (Federal Census) will not exceed 8,000; all decisions of Parks Canada and the Town of Banff, including business licensing, shall proactively take into account this policy objective; The Town of Banff is of the opinion that the proposed development conforms to the Management Plan s policy objective of anticipating the population in Banff of given; The 2016 Federal Census reported a permanent population for the Town of Banff of 7,851; The 2016 Federal Census counted persons within their usual place of residence which is defined as the dwelling in Canada in which a person lives most of the time; Section of the Management Plan indicates that population growth is a function of commercial development, and therefore not a function of residential development. The Town of Banff is of the opinion that the National Parks Act regulations around Eligible Residency enshrine this relationship MPC: Proposed Bed & Breakfast Home 129 Muskrat Street Agenda #5.1

13 6 of 24 in legislation, given that new residents must have a Need to Reside which typically flows from employment within the National Park; The guestrooms will be utilized by guests on a short-term basis and therefore the occupants will not be in their usual place of residence ; and, The proposed Bed and Breakfast Home is only permitted to be operated by a live-in owner as an accessory use, therefore no additional staffing is permitted or anticipated in conjunction with this application. Banff National Park of Canada Management Plan Policy Direction: Development in the commercial downtown districts will retain sightlines to the surrounding landscape and will not include new commercial development above the second storey; The Town of Banff is of the opinion that the proposed development conforms to Parks Canada s policy objective of preserving sightlines to the surrounding landscape by limiting new commercial development above the second storey in the commercial downtown districts given; The proposal is located within the RCM Central Muskrat Land Use District which is a residential land use district; The proposal is outside Banff s commercial downtown districts; and, The proposed development is entirely contained within the existing residential development. Banff National Park of Canada Management Plan Policy Direction: Commercial development in the town of Banff is limited to development that already existed in the commercial districts of the town of Banff as of June 1998, or that Parks Canada had approved prior to that date, plus an additional 32,516 square metres (350,000 sq. ft.) of commercial floor space in the town. Developed commercial space, when it is removed from the 200 block of Banff Avenue, may be added to the unallocated pool for future commercial development in the commercial zones of the town of Banff; The Town of Banff is of the opinion that the proposed development conforms to Parks Canada s policy objective of limiting commercial development to that that already existing in the town of Banff as of June 1998 plus an additional 32,516 square meters given: The proposal is within the Bed and Breakfast Inn Allocation Limit as established in the Town of Banff Land Use Bylaw (Schedule D); The use of four existing bedrooms as accessory commercial accommodation units is considered accessory to the residential development single detached housing; and, Home Occupations, Bed and Breakfast Homes, and Bed and Breakfast Inns are not regulated by this clause of the Banff National Park Management Plan as they are not considered commercial floor space. Banff National Park of Canada Management Plan Policy Direction: The use of lands within the Public Service (PS) district shall be limited to non-commercial uses of an institutional, government, educational or community service nature that are required to meet the needs of eligible residents of the town. Commercial uses will be limited to the commercial districts, except as they may be ancillary to the primary PS district uses listed above. Non-conforming land uses in the PS district that existed as of June 1998 are grandfathered; The Town of Banff is of the opinion that the proposed development conforms to the Management Plan s policy objective of limiting the use of lands within the Public Service (PS) land use district to uses of an institutional, government, educational or community service given; The proposal is outside the PS Public Service Land Use District. MPC: Proposed Bed & Breakfast Home 129 Muskrat Street Agenda #5.1

14 7 of 24 Banff National Park of Canada Management Plan Policy Direction: The Town of Banff shall require that all new development and redevelopment incorporate high-quality environmental design (which may include building standards that exceed the minimum construction requirements otherwise applicable) and be complementary to the town s unique location and surrounding context; The Town of Banff is of the opinion that the proposed development conforms to Parks Canada s policy objective of requiring all new development and redevelopment to incorporate high-quality environmental design and be complementary to the town s unique location and surrounding context given; No physical changes to the building are proposed. Some of the purposes of the Town as set out by the Banff National Park Management Plan and the Town of Banff Incorporation Agreement are: To serve, as its primary function, as a centre for visitors to the Park and to provide such visitors with accommodation and other goods and services; and, To provide a comfortable living community for those persons who need to reside in the townsite in order to achieve its primary function. The four commercial accommodation units proposed in this application would provide visitors with additional accommodation options within the Town and would therefore align with the primary purpose. Financial The Bed and Breakfast Home application fee of $ ($ $100.00/guest room) has been paid. Additionally there is a Municipal Planning Commission surcharge fee of $ which has also been paid. If this application is approved, a valid Business Licence will be required in accordance with the Town of Banff Business Licence Bylaw. Organizational The development permit application was circulated internally to the Fire Department, Operations, Building Inspection, and Engineering. No comments from Operations, Building Inspection or Engineering have been made at this time. The Fire Department conducted an inspection of the property for Development Permit Application 17DP41 and deficiencies were noted. These deficiencies were rectified prior to this application being received. Intergovernmental The development permit application was circulated to Parks Canada as well as Alberta Health Services. Parks Canada feedback: A. Parks Canada has reviewed the information provided in circular 17DP76 in the context of the following documents: - Canada National Parks Act - Town of Banff Incorporation Agreement - Banff National Park Management Plan - National Parks of Canada Lease and Licence of Occupation Regulations - Lease for the property MPC: Proposed Bed & Breakfast Home 129 Muskrat Street Agenda #5.1

15 8 of 24 B. Accordingly we note: There is an inconsistency between the circular text which identifies this only as a transfer of a previously approved B and B while the drawings suggest structural changes are being made to the interior of the house.* In consideration of the materials provided for review, Parks Canada has determined that the proposed project is unlikely to result in adverse effects that require mitigation. In accordance with applicable environmental legislation and related policy, no Environmental Impact Analysis is required. Note: Should more details become available about the project, or should the details of the project change as it proceeds through the development process, the review results above may change. *Note from Administration: The applicant had reused drawings from a previous submission (97DP59) which had included alterations to the building. No alterations to the building are proposed in this application. Alberta Health Services comments: Bed and Breakfast operations must follow the Bed and Breakfast Health Standards and Guidelines. If the development is approved, the applicant must apply for an Alberta Health Services food permit prior to operation. Public Notification A Development Permit Application Notification Sign was installed on September 13, If the Development Permit is approved, notice of the decision will be advertised in the Rocky Mountain Outlook and adjacent neighbours will be notified by regular mail followed by a two-week appeal period. CONCLUSION This is a Development Permit application for a Bed and Breakfast Home containing four (4) Commercial Accommodation Units at 129 Muskrat Street. The plans and application for the proposed Bed and Breakfast Home comply with the requirements of Town of Banff Land Use Bylaw. ATTACHMENTS Appendix A Conditions of Approval Appendix B Application, Floor Plans and Site Plan Appendix C Statutory Declaration and Corporation Information Submitted By: Reviewed By: Dave Michaels, Planner Robert Earl, Town Manager MPC: Proposed Bed & Breakfast Home 129 Muskrat Street Agenda #5.1

16 Appendix A Conditions of Approval 9 of 24 Application No. 17DP76 (1) Conditions to be met prior to issuance of the Development Permit (a) Submit written confirmation from the Parks Canada Realty Office, to the satisfaction of the Development Officer, that the Live-in Owner is an eligible resident of Banff National Park. (2) General Conditions: (a) (b) (c) (d) (e) (f) (g) (h) Obtain a valid Business Licence from the Town of Banff for the operation of a Bed & Breakfast Home. The number of commercial accommodation units shall be restricted to four (4); The Development Permit is valid for a period not to exceed the term of the Business Licence or one (1) year from the date of issuance, whichever first occurs; On-site parking shall conform to the approved site plan. No parking of guest vehicles is permitted on adjacent public roadways; All signs require a separate Development Permit in accordance with the Town of Banff Land Use Bylaw; The Bed and Breakfast Home shall be operated exclusively by the live-in owner as an accessory use. The Bed and Breakfast Home shall not change the principal residential character, use or external appearance of the dwelling; Vehicular traffic generated by the Bed and Breakfast Home shall not be in excess of what which is characteristic of the neighbourhood in which it is located; The owner will maintain a daily guest registry which will include rooms occupied and vehicle license plate information. If a complaint is received, the owner, upon request from the Town shall provide the daily guest registry for inspection and shall provide license plate numbers of permanent resident vehicles. The Town may request this at any time between the hours of 8:00 a.m. and 8:00 p.m; The owner shall be responsible for ensuring that each guest is advised that they must park in the areas designated on the application and not on a public roadway; (i) The owner shall be responsible for complying with the Alberta Fire Code (1992); (j) (k) (l) Contact Alberta Health Services (Banff Health Unit) at regarding the Guidelines for Bed and Breakfast Establishments and to arrange an inspection of the property prior to operation; Contact Alberta Health Services (Banff Health Unit) at to obtain a food establishment permit prior to operation; Non-compliance with any conditions of the Development Permit will result in revocation of the Bed and Breakfast Home permit; and MPC: Proposed Bed & Breakfast Home 129 Muskrat Street Agenda #5.1

17 (m) 10 of 24 Obtain all permits required in accordance with the Province of Alberta Safety Codes Act Revised Statues of Alberta, Chapter S-1. The Act requires that all property owners and contractors working in Alberta obtain permits prior to commencing work on buildings covered by the Alberta Building Code or prior to conducting work governed by the regulations of the Canadian Electrical Code, the Alberta Gas Code or the Alberta Plumbing Code. MPC: Proposed Bed & Breakfast Home 129 Muskrat Street Agenda #5.1

18 11 of 24 Appendix B Application MPC: Proposed Bed & Breakfast Home 129 Muskrat Street Agenda #5.1

19 Appendix B Application 12 of 24 MPC: Proposed Bed & Breakfast Home 129 Muskrat Street Agenda #5.1

20 Appendix B Application 13 of 24 MPC: Proposed Bed & Breakfast Home 129 Muskrat Street Agenda #5.1

21 Appendix B Site Plan 14 of 24 MPC: Proposed Bed & Breakfast Home 129 Muskrat Street Agenda #5.1

22 Appendix B Basement Floor Plan 15 of 24 MPC: Proposed Bed & Breakfast Home 129 Muskrat Street Agenda #5.1

23 Appendix B First Floor Plan 16 of 24 MPC: Proposed Bed & Breakfast Home 129 Muskrat Street Agenda #5.1

24 Appendix B Second Floor Plan 17 of 24 MPC: Proposed Bed & Breakfast Home 129 Muskrat Street Agenda #5.1

25 Appendix C Statutory Declaration 18 of 24 MPC: Proposed Bed & Breakfast Home 129 Muskrat Street Agenda #5.1

26 Appendix C Corporation Information 19 of 24 MPC: Proposed Bed & Breakfast Home 129 Muskrat Street Agenda #5.1

27 20 of 24 MPC: Proposed Bed & Breakfast Home 129 Muskrat Street Agenda #5.1

28 21 of 24 MPC: Proposed Bed & Breakfast Home 129 Muskrat Street Agenda #5.1

29 22 of 24 MPC: Proposed Bed & Breakfast Home 129 Muskrat Street Agenda #5.1

30 23 of 24 MPC: Proposed Bed & Breakfast Home 129 Muskrat Street Agenda #5.1

31 24 of 24 MPC: Proposed Bed & Breakfast Home 129 Muskrat Street Agenda #5.1

32 REQUEST FOR DECISION Subject: Proposed: Bed and Breakfast Home (17DP74) 125 Wolverine Street Presented to: Submitted by: Municipal Planning Commission David Michaels, Development Planner Date: October 11, 2017 Agenda #: 5.2 RECOMMENDATION That Municipal Planning Commission consider Development Permit application 17DP74 for a Bed and Breakfast Home containing three (3) Commercial Accommodation Units, located at 125 Wolverine Street with a variance to section to allow the driveway off a lane to be wider than 40%. BACKGROUND Reason for Report To present for the consideration of the Municipal Planning Commission (MPC) a Development Permit application for a Bed and Breakfast Home at 125 Wolverine Street. Bed and Breakfast Homes are a discretionary use in all Land Use Districts in which they are allowed. Municipal Planning Commission is the Development Approving Authority for all discretionary uses of this type. Subject Property RTM 125 Wolverine Street Summary of Issue The applicant proposes the operation of a Bed and Breakfast Home containing three (3) Commercial Accommodation Units from the existing Single Detached Home located in the RTM (Tunnel Mountain) Land Use District. The existing Single Detached Home at 125 Wolverine Street was built in 1951 and later added to in The subject property is currently for sale and the proposed purchaser (the applicant) wishes to operate a Bed and Breakfast Home once the property is purchased. The proposed purchase of the property is by White Wolverine Inc. Confirmation that a Lease Assignment has been completed indicating the Lessee as White Wolverine Inc. would be required as a condition of approval.

33 2 of 26 Section (e) of the Land Use Bylaw states that a bed and breakfast home shall be operated exclusively by a live-in owner as an accessory use and shall not change the principal residential character, use or external appearance of the dwelling. Further to this, the Land Use Bylaw includes the following definitions: Bed and Breakfast Establishment or Guest Home means a single detached dwelling of an owner, or as joint tenants or tenants in common, who is an eligible resident of Banff National Park and resides therein as his/her principal residence containing at least one (1) bedroom for his/her exclusive use and containing accessory guest accommodation in rooms for the purposes of supplying temporary living accommodation to the public, for a fee. For the purposes of this definition an owner may be a corporation of not more than two (2) shareholders who reside therein as their principal residence. Owner, Live-in means a natural person who is an owner or shareholder of a corporation which is an owner of a property permitted to be operated as a bed and breakfast home and who: a. Lives in the bed and breakfast home; and b. Manages the bed and breakfast home while maintaining eligible residency status. To date, no evidence has been provided confirming that Jonathan White is the sole shareholder of White Wolverine Inc. Confirmation of this would be required as a condition of approval. A Statutory Declaration has been provided stating that the property will be the primary residence of Jonathan White. Jonathan White was the original applicant for a Bed and Breakfast Home at 129 Muskrat Street (17DP41) which was approved subject to conditions to be met prior to the issuance of the development permit. Information supplied for the application at 129 Muskrat Street indicated a change in shareholders of the owning corporation and therefore a new application (17DP76) was required. It is understood that Jonathan White is not an owner of the property at 129 Muskrat Street. The subject property is located in the RTM (Tunnel Mountain) Land Use District where five (5) Bed and Breakfast Homes have been previously approved and a maximum of ten (10) may be allocated. An inspection of the property by administration confirms that the site plan and floor plans for the Single Detached Home are accurate. The proposal for a Bed and Breakfast Home consists of three (3) Commercial Accommodation Units (Guest Rooms). In accordance with Section (g) of the Bylaw, a Commercial Accommodation Unit must be a minimum of 9.0m 2. Guest Room #1 is approximately 12m 2, Guest Room #2 is approximately 12m 2 and Guest Room #3 is approximately 18m 2. MPC: Proposed Bed & Breakfast Home 125 Wolverine Street Agenda #5.2

34 3 of 26 The Land Use Bylaw specifies in Sections (h) and (i) that the indoor and outdoor amenity areas which shall be provided for the dedicated use of guests must have a minimum area of 9.0m 2 each. The proposed indoor guest amenity area is approximately 23m 2 and the outdoor amenity space for guests is located at the rear of the property and is approximately 63m 2. Indoor Amenity Area Outdoor Amenity Area (Shown in Red) The Land Use Bylaw specifies in Sections (a) and (e) that a total of five (5) off-street parking stalls are required; two parking stalls associated with the Single Detached Home and one parking stall per Commercial Accommodation Unit. These are proposed at the rear of the property within the existing driveway. Section of the Land Use Bylaw states that the two parking stalls associated with the Single Detached Home may be in tandem (stalls 1 and 2) and Section of the Land Use Bylaw allows up to 25% of the required parking stalls to be a shorter length to a minimum of 4.6m (stall 5) Proposed Parking Stall Locations MPC: Proposed Bed & Breakfast Home 125 Wolverine Street Agenda #5.2

35 4 of 26 Section of the land Use Bylaw states that a driveway located off a lane shall be no wider than 40% of the lineal distance measured along the rear lot line of the site. The existing driveway is approximately 96% of the distance along the rear lot line therefore a variance is being requested by the applicant to allow for the continued use of the existing driveway. Existing driveway (96%) along rear lot line Approximate rear lot line Under section a variance to the Land Use Bylaw may be granted only, if in the opinion of the Development Approving Authority (Municipal Planning Commission), it meets the following criteria: 1. The deviation from the bylaw is minor. The Land Use Bylaw requires that the driveway should be no wider than 40% of rear lot line. The existing driveway is approximately 96% of the rear lot line. 2. The proposed development would not unduly interfere with the amenities of the area or materially interfere with, or affect the use, enjoyment, safety, aesthetics, or value of neighbouring properties. Neighbouring property owners have approached administration with concerns that the granting of this variance would interfere with the amenities of the area as well as affecting the use, enjoyment, safety, aesthetics and value of their properties (correspondence attached as Appendix D ). The neighbouring properties have raised concerns that this proposed development requires an additional 3 parking stalls above the current 2 required. As the proposed parking stalls would be directly accessed from the lane, this variance would be required in order to accommodate the additional required parking stalls. MPC: Proposed Bed & Breakfast Home 125 Wolverine Street Agenda #5.2

36 5 of 26 The adjacent property owner has raised concerns that the proposed short angled parking stall (stall 5) is only accessible by utilising hard landscape on their property and that potential vehicles utilising this location may be longer than a short vehicle and would therefore encroach on to their property. In addition, a garage fronts on to the lane directly opposite and the owner of that property has raised concerns that the increase in vehicles could impact their ability to access their garage. The neighbours have also raised concerns that the use of this property as a three room Bed and Breakfast Home would greatly change the character of this residential neighbourhood. Approximate short parking stall location Approximate property lines The applicant maintains that as the proposal utilises the existing site condition and the property is not being materially altered the proposed development would not change the use, enjoyment, safety, aesthetics, or value of neighbouring properties. Additionally the applicant highlights that adjacent properties also have existing driveways that extend over 40% of the rear lot line. 77% 100% Subject Property MPC: Proposed Bed & Breakfast Home 125 Wolverine Street Agenda #5.2

37 6 of The proposed development conforms with the use prescribed for that building or land in the district that applies to it. Bed and Breakfast Homes are a Discretionary Use within the RTM Land Use District. 4. An unusual site configuration, soil conditions, or other factors, which are peculiar to the site and not common in the district, may result in unnecessary hardship or practical difficulties for the proposed development to comply with the provisions of this Bylaw. As the applicant proposes to use the existing parking area, in order for the proposed development to comply with the provisions of the Bylaw, the applicant has stated that it would require extensive ground work and changes to the garage structure. The applicant maintains that the extent of work required would be cost prohibitive as well as cause disturbance to adjacent properties during construction. Due to the intensification of sites within Banff, and therefore the requirement for additional offstreet parking, variances to section of the Land Use Bylaw to allow for more than 40% of the rear lot line to be driveway have been requested on multiple occasions in recent developments. Some of these variance requests have been granted such as an apartment housing development at 542/544 Banff Avenue (increase to 59% of the rear lot line) and a fourplex development at 224 Otter Street (increase to 75% of the rear lot line). Other applications, such as a proposed accessory dwelling at 316 Lynx Street, which was reviewed by the Municipal Planning Commission at the September 13, 2017 meeting have been required to conform to section of the Land Use Bylaw. Each of these have been reviewed in context to the neighbouring properties and the use of the proposed development (e.g. residential vs commercial accommodation). Administration has found no records as to when this paving was installed at the property and if it was approved at the time of installation. Images found indicate that this was installed prior to Should the variance be granted and the application approved, administration recommend a condition of approval that would require a revised parking plan that shows that all parking stalls are accessible directly from the lane without encroachment onto neighbouring property. Response Options The Municipal Planning Commission may approve the application with any conditions deemed necessary, or refuse the application. Suggested conditions of approval are attached as Appendix A. Should the Municipal Planning Commission determine that the variance requested does not meet the requirements of section of the Land Use Bylaw, an alternative to refusing the application could be to request the applicant return with an application that does not require any variances to the Land Use Bylaw. A decision can also be postponed if more information is required. IMPLICATIONS OF RECOMMENDATION Legislation/Policy In order to ensure that this proposal meets the definition of a Bed and Breakfast Home, which requires that a corporation shall consist of no more than two shareholders, additional information is required and is proposed as condition of approval. MPC: Proposed Bed & Breakfast Home 125 Wolverine Street Agenda #5.2

38 7 of 26 An inspection conducted by administration concluded that the proposed Bed and Breakfast Home is in conformance with the plans provided and complies with the Land Use Bylaw requirements for minimum guest room size, indoor & outdoor amenity areas, and number of parking stalls. The proposal does not meet the requirement that a driveway located off a lane shall be no wider than 40% of the lineal distance measured along the rear lot line of the site therefore the applicant is requesting a variance to the Land Use Bylaw. Planning and Development is of the opinion that the proposed development is consistent with the Banff National Park Management Plan. Notably, the following sections of the Management Plan were assessed and interpreted: Banff National Park of Canada Management Plan Policy Direction: It is anticipated that the permanent population (Federal Census) will not exceed 8,000; all decisions of Parks Canada and the Town of Banff, including business licensing, shall proactively take into account this policy objective; The Town of Banff is of the opinion that the proposed development conforms to the Management Plan s policy objective of anticipating the population in Banff of given; The 2016 Federal Census reported a permanent population for the Town of Banff of 7,851; The 2016 Federal Census counted persons within their usual place of residence which is defined as the dwelling in Canada in which a person lives most of the time; Section of the Management Plan indicates that population growth is a function of commercial development, and therefore not a function of residential development. The Town of Banff is of the opinion that the National Parks Act regulations around Eligible Residency enshrine this relationship in legislation, given that new residents must have a Need to Reside which typically flows from employment within the National Park; The guestrooms will be utilized by guests on a short-term basis and therefore the occupants will not be in their usual place of residence ; and, The proposed Bed and Breakfast Home is only permitted to be operated by a live-in owner as an accessory use, therefore no additional staffing is permitted or anticipated in conjunction with this application Banff National Park of Canada Management Plan Policy Direction: Development in the commercial downtown districts will retain sightlines to the surrounding landscape and will not include new commercial development above the second storey; The Town of Banff is of the opinion that the proposed development conforms to Parks Canada s policy objective of preserving sightlines to the surrounding landscape by limiting new commercial development above the second storey in the commercial downtown districts given; The proposal is located within the RTM Tunnel Mountain Land Use District which is a residential land use district; The proposal is outside Banff s commercial downtown districts; and, The proposed development is entirely contained within the existing residential development. Banff National Park of Canada Management Plan Policy Direction: Commercial development in the town of Banff is limited to development that already existed in the commercial districts of the town of Banff as of June 1998, or that Parks Canada had approved prior to that date, plus an additional 32,516 square metres (350,000 sq. ft.) of commercial floor space in the town. Developed commercial space, when it is removed from the 200 block of Banff Avenue, may be added to the unallocated pool for future commercial development in the commercial zones of the town of Banff; The Town of Banff is of the opinion that the proposed development conforms to Parks Canada s policy objective of limiting commercial development to that that already existing in the town of Banff as of June 1998 plus an additional 32,516 square meters given: MPC: Proposed Bed & Breakfast Home 125 Wolverine Street Agenda #5.2

39 8 of 26 The proposal is within the Bed and Breakfast Inn Allocation Limit as established in the Town of Banff Land Use Bylaw (Schedule D); The use of four existing bedrooms as accessory commercial accommodation units is considered accessory to the residential development single detached housing; and, Home Occupations, Bed and Breakfast Homes, and Bed and Breakfast Inns are not regulated by this clause of the Banff National Park Management Plan as they are not considered commercial floor space. Banff National Park of Canada Management Plan Policy Direction: The use of lands within the Public Service (PS) district shall be limited to non-commercial uses of an institutional, government, educational or community service nature that are required to meet the needs of eligible residents of the town. Commercial uses will be limited to the commercial districts, except as they may be ancillary to the primary PS district uses listed above. Non-conforming land uses in the PS district that existed as of June 1998 are grandfathered; The Town of Banff is of the opinion that the proposed development conforms to the Management Plan s policy objective of limiting the use of lands within the Public Service (PS) land use district to uses of an institutional, government, educational or community service given; The proposal is outside the PS Public Service Land Use District. Banff National Park of Canada Management Plan Policy Direction: The Town of Banff shall require that all new development and redevelopment incorporate high-quality environmental design (which may include building standards that exceed the minimum construction requirements otherwise applicable) and be complementary to the town s unique location and surrounding context; The Town of Banff is of the opinion that the proposed development conforms to Parks Canada s policy objective of requiring all new development and redevelopment to incorporate high-quality environmental design and be complementary to the town s unique location and surrounding context given; There are no proposed changes to the appearance of the existing residential development. Some of the purposes of the Town as set out by the Banff National Park Management Plan and the Town of Banff Incorporation Agreement are: To serve, as its primary function, as a centre for visitors to the Park and to provide such visitors with accommodation and other goods and services; and, To provide a comfortable living community for those persons who need to reside in the townsite in order to achieve its primary function. The three commercial accommodation units proposed in this application would provide visitors with additional accommodation options within the Town and would therefore align with the primary purpose. Financial The Bed and Breakfast Home application fee of $ ($ $100.00/guest room) has been paid. Additionally there is a Municipal Planning Commission surcharge fee of $ which has also been paid. If this application is approved, a valid Business Licence will be required in accordance with the Town of Banff Business Licence Bylaw. Organizational The development permit application was circulated internally to the Fire Department, Operations, MPC: Proposed Bed & Breakfast Home 125 Wolverine Street Agenda #5.2

40 Building Inspection, and Engineering. No comments have been made at this time. 9 of 26 Intergovernmental The development permit application was circulated to Parks Canada as well as Alberta Health Services. Parks Canada feedback: A. Parks Canada has reviewed the information provided in circular 17DP74 in the context of the following documents: Canada National Parks Act Town of Banff Incorporation Agreement Banff National Park Management Plan National Parks of Canada Lease and Licence of Occupation Regulations Lease for the property B. Accordingly we note: The project as described does not appear to conflict with the Canada National Parks Act, the Town of Banff Incorporation Agreement nor the Park Management Plan. The applicant is not the lessee of 125 Wolverine Street, and the current lessee of 125 Wolverine Street has not authorized the applicant to apply for the Development Permit.* The application did not include Parks Canada s confirmation of eligible residency as required for Bed and Breakfast home applications. Upon initial review, Parks Canada has determined that the proposed project is unlikely to result in adverse effects that require mitigation. In accordance with applicable environmental legislation and related policy, no Environmental Impact Analysis is required. C. Parks Canada Requirements: Prior to the issuance of any Development Permit, the requirements outlined below must be completed and/or provided to Parks Canada: Written confirmation that the current lessee authorises White Wolverine Inc. to apply for the development permit.* The applicant to obtain written confirmation from the Parks Canada Realty Office verifying that the occupant(s) meet the eligible resident criteria for Banff National Park. A Ministerial Consent to the assignment of the lease to the applicant to be executed for Block 34 Lot 16, Plan 1709CG. The new lessee must sign a Letter of Undertaking in order to amend the lease to include the standard modern eligible residency clauses within 30 days of the Letter of Undertaking being executed. Should more details become available about the project, or should the details of the project change as it proceeds through the development process, the review results above may change. * Note from Administration: The applicant has submitted an application authorized by the current property owner since the time of Parks Canada feedback. MPC: Proposed Bed & Breakfast Home 125 Wolverine Street Agenda #5.2

41 Alberta Health Services comments: 10 of 26 Bed and Breakfast operations must follow the Bed and Breakfast Health Standards and Guidelines. If the development is approved, the applicant must apply for an Alberta Health Services food permit prior to operation. Public Notification A Development Permit Application Notification Sign was installed on September 13, If the Development Permit is approved, notice of the decision will be advertised in the Rocky Mountain Outlook and adjacent neighbours will be notified by regular mail followed by a two-week appeal period. CONCLUSION This is a Development Permit application for a Bed and Breakfast Home containing three (3) Commercial Accommodation Units at 125 Wolverine Street. The plans and application for the proposed Bed and Breakfast Home comply with the requirements of Town of Banff Land Use Bylaw except Section where a variance is being requested. ATTACHMENTS Appendix A Conditions of Approval Appendix B Application, Floor Plans and Site Plan Appendix C Statutory Declarations Appendix D Correspondence from Neighbours Submitted By: Reviewed By: Dave Michaels, Planner Robert Earl, Town Manager MPC: Proposed Bed & Breakfast Home 125 Wolverine Street Agenda #5.2

42 Appendix A Conditions of Approval 11 of 26 Application No. 17DP74 (1) Conditions to be met prior to issuance of the Development Permit (a) (b) (c) (d) (e) Submit a revised landscape plan, to the satisfaction of the Development Officer, that indicates all parking stalls are accessible directly from the Lane without encroachment onto neighbouring properties; Submit written confirmation from the Parks Canada Realty Office, to the satisfaction of the Development Officer, that a Leasehold Assignment has occurred naming White Wolverine Inc. as the Lessee; Submit a Statutory Declaration and supporting documentation, to the satisfaction of the Development Officer, that confirms that Jonathan White is the sole shareholder of White Wolverine Inc.; Submit written confirmation from the Parks Canada Realty Office, to the satisfaction of the Development Officer, that Jonathan White is an eligible resident of Banff National Park; and, Submit written confirmation from the Parks Canada Realty Office, to the satisfaction of the Development Officer, that a Letter of Undertaking in order to amend the lease to include the standard modern eligible residency clauses within 30 days of the Letter of Undertaking being executed has been completed. (2) General Conditions: (a) (b) (c) (d) (e) (f) (g) Obtain a valid Business Licence from the Town of Banff for the operation of a Bed & Breakfast Home. The number of commercial accommodation units shall be restricted to three (3); The Development Permit is valid for a period not to exceed the term of the Business Licence or one (1) year from the date of issuance, whichever first occurs; On-site parking shall conform to the approved site plan. No parking of guest vehicles is permitted on adjacent public roadways; All signs require a separate Development Permit in accordance with the Town of Banff Land Use Bylaw; The Bed and Breakfast Home shall be operated exclusively by the live-in owner as an accessory use. The Bed and Breakfast Home shall not change the principal residential character, use or external appearance of the dwelling; Vehicular traffic generated by the Bed and Breakfast Home shall not be in excess of what which is characteristic of the neighbourhood in which it is located; The owner will maintain a daily guest registry which will include rooms occupied and vehicle license plate information. If a complaint is received, the owner, upon request from the Town shall provide the daily guest registry for inspection and shall provide license plate numbers of permanent resident vehicles. The Town may request this at any time between the hours of 8:00 a.m. and 8:00 p.m; MPC: Proposed Bed & Breakfast Home 125 Wolverine Street Agenda #5.2

43 (h) 12 of 26 The owner shall be responsible for ensuring that each guest is advised that they must park in the areas designated on the application and not on a public roadway; (i) The owner shall be responsible for complying with the Alberta Fire Code (1992); (j) (k) (l) (m) Contact Alberta Health Services (Banff Health Unit) at regarding the Guidelines for Bed and Breakfast Establishments and to arrange an inspection of the property prior to operation; Contact Alberta Health Services (Banff Health Unit) at to obtain a food establishment permit prior to operation; Non-compliance with any conditions of the Development Permit will result in revocation of the Bed and Breakfast Home permit; and Obtain all permits required in accordance with the Province of Alberta Safety Codes Act Revised Statues of Alberta, Chapter S-1. The Act requires that all property owners and contractors working in Alberta obtain permits prior to commencing work on buildings covered by the Alberta Building Code or prior to conducting work governed by the regulations of the Canadian Electrical Code, the Alberta Gas Code or the Alberta Plumbing Code. MPC: Proposed Bed & Breakfast Home 125 Wolverine Street Agenda #5.2

44 13 of 26 Appendix B Application MPC: Proposed Bed & Breakfast Home 125 Wolverine Street Agenda #5.2

45 Appendix B Application 14 of 26 MPC: Proposed Bed & Breakfast Home 125 Wolverine Street Agenda #5.2

46 Appendix B Site Plan 15 of 26 MPC: Proposed Bed & Breakfast Home 125 Wolverine Street Agenda #5.2

47 Appendix B Lower Floor Plan 16 of 26 MPC: Proposed Bed & Breakfast Home 125 Wolverine Street Agenda #5.2

48 Appendix B First Floor Plan 17 of 26 MPC: Proposed Bed & Breakfast Home 125 Wolverine Street Agenda #5.2

49 Appendix B Second Floor Plan 18 of 26 MPC: Proposed Bed & Breakfast Home 125 Wolverine Street Agenda #5.2

50 Appendix B Parking Plan 19 of 26 MPC: Proposed Bed & Breakfast Home 125 Wolverine Street Agenda #5.2

51 20 of 26 Appendix B Amenity Area Plan MPC: Proposed Bed & Breakfast Home 125 Wolverine Street Agenda #5.2

52 Appendix C Statutory Declarations 21 of 26 MPC: Proposed Bed & Breakfast Home 125 Wolverine Street Agenda #5.2

53 Appendix C Statutory Declarations 22 of 26 MPC: Proposed Bed & Breakfast Home 125 Wolverine Street Agenda #5.2

54 Appendix D Correspondence from Neighbours 23 of 26 MPC: Proposed Bed & Breakfast Home 125 Wolverine Street Agenda #5.2

55 Appendix D Correspondence from Neighbours 24 of 26 MPC: Proposed Bed & Breakfast Home 125 Wolverine Street Agenda #5.2

56 Appendix D Correspondence from Neighbours 25 of 26 MPC: Proposed Bed & Breakfast Home 125 Wolverine Street Agenda #5.2