2 ZONING AMENDMENT BYLAW NO BIATECKI ROAD 3-5 a. Being a Bylaw to change the zoning designation of Parcel Identification Number: :

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1 Page City of Revelstoke Public Hearing - Zoning Amendment Bylaw No AGENDA January 27, Commencing at 2:30 PM Council Chambers 1 CALL TO ORDER 2 ZONING AMENDMENT BYLAW NO BIATECKI ROAD 3-5 a. Being a Bylaw to change the zoning designation of Parcel Identification Number: : , Legally described as: Lot 10 Section 23 Township 23 Range 2 W6M Kootenay District Plan 9484 from Single Family Residential (R1) to Single Family Residential Vacation Rental District (R1v). 7 b. Written Submission - P. Merke - January 26, c. Written Submission - T. Miertsch - January 26, d. Written Submission - C. Potter - January 26, e. Written Submission - A. Procyshyn - January 26, f. Written Submission - W. Tetrault - January 26, g. Written Submission - K & J. Holloway - January 27, h. Written Submission - E. Deloughery and U. Trixl - January 27, i. Written Submission - B & L. Benum - January 27, 2015 Page 1 of 21

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3 AGENDA ITEM #2a. CITY OF REVELSTOKE BYLAW NO Being a Bylaw to Amend Zoning Bylaw No. 1264, 1984 WHEREAS the Council of the City of Revelstoke, Province of British Columbia, deems it necessary to amend City of Revelstoke Zoning Bylaw No. 1264, NOW THEREFORE the Council of the City of Revelstoke, Province of British Columbia in open meeting assembled enacts as follows: 1. THAT Schedule A to the Zoning Bylaw 1264, 1984, be revised to change the zoning designation of Parcel Identification Number: , as shown on Figure 1 attached, and legally described as: Lot 10 Section 23 Township 23 Range 2 W6M Kootenay District Plan 9484 from Single Family Residential (R1) to Single Family Residential Vacation Rental District (R1v). 2. THAT a Public Hearing was held pursuant to Sections 890 and 892 of the Local Government Act. 3. THAT this Bylaw may be cited for all purposes as the Zoning Amendment Bylaw No THAT this Bylaw shall take effect upon the date of its adoption by Council. READ A FIRST TIME THIS 23 rd DAY OF DECEMBER, READ A SECOND TIME THIS 23 rd DAY OF DECEMBER, PUBLIC HEARING HELD THIS DAY OF, READ A THIRD TIME THIS DAY OF, APPROVED PURSUANT TO THE TRANSPORTATION ACT THIS DAY OF, ADOPTED BY CITY COUNCIL THIS DAY OF, Director of Corporate Administration Mayor Certified a true copy, this day of,. Being a Bylaw to change the zoning designation of Parcel Ide... Page 3 of 21

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5 AGENDA ITEM #2a. FIGURE 1 Zoning District Map Being a Bylaw to change the zoning designation of Parcel Ide... Page 5 of 21

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7 AGENDA ITEM #2b. City of Revelstoke Box 170 Revelstoke, BC V0E 2S0 RE: Public Hearing for Zoning Amendment Bylaw No. 2064/Alan William Kennedy/1766 Biatecki Road, Revelstoke, BC Dear Council; Please accept this letter on my behalf to express my opposition to the vacation rental at the above mentioned property. The property that is requesting a zoning amendment was purchased last spring. During the summer, many trees dividing the property line to my adjacent property were removed, and with it my privacy was lost as well as increases in noise levels. If the home owners were planning on pursuing a vacation rental for this property, this should have been a consideration. During the past 6 months, it would seem that the property owners have already had the rental in operation. There is a listing on VRBO # of this property which advertises the property of accommodating 9 people and is pet friendly. I believe the application reads that the maximum would be 8. The VRBO listing has bookings well into February. During the recent months I have issues with situations involving the Kennedy s property that have caused me stress and concern. The property does not seem to be one of a family orientated respectful nature. First and foremost I have concerns with the increased level of noise, lack of respect for other neighbour s and property. Snowmobiles are started up and ridden around the backyard, loud gatherings on the back deck of the property : clientele relieving themselves off the deck that are well visible to my property, as well as the large amount of marijuana smell, and very bright outdoor lighting that is visible enough in my bedroom that allows a book to be read with my own lights out, which is left on all night. The RCMP has attended the residence on several occasions since the purchase of the property. As property owner myself, I have lived on my property for the past 21 years. I have enjoyed my privacy and a quiet single family neighbourhood, with neighbours that have been friendly and respectful. Trees were removed from my own property and a low fence was installed to replace. The property above has a raised deck that looks directly into my backyard. With the trees removed, the privacy and noise barrier has been removed. The Kennedy s currently own 3 large dogs, that have gotten out of the fenced area. The VRBO listing says the property is pet friendly, which questions just how many pets are appropriate for this property in a single family neighbourhood. There is issues with garbage from the Kennedy s property. Bears have been a problem in the neighbourhood due to the garbage issue; which have precipitated into other neighbor issues with RCMP involvement. The property is zoned as Single Family in a quiet neighbourhood; with local traffic only. This property is not suitable as a vacation rental property. The property would not attract families that appreciate or respect a family neighbourhood; unlike the B&B business that currently reside beside and across the street from my property. Please consider my comment and concerns. Thank you for your time and consideration. Respectfully, Penelope Merke 1767 Hay Road Written Submission - P. Merke - January 26, 2015 Page 7 of 21

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9 AGENDA ITEM #2c. From: Sent: To: Subject: Tina Miertsch Monday, January 26, :03 PM admin; Dean Strachan Public Hearing for Zoning amendment Bylaw No. 2064/ 1766 Biatecki Road I am writing to voice my concern and my opposition to the rezoning of the above mentioned Bylaw to accommodate the above noted address to a vacation rental. I did not receive a letter but my property is located within 100 meters of the subject property. As well my neighbors Al and Verona Procyshyn, and Jill and Cliff Holloway, are all away for the winter, and unfortunately are unreachable to advise about this Zoning amendment which I am sure they would be opposed to, as they are older and live here because of the quiet neighborhood, they will not want a vacation rental right next to them. I was born and raised in this area and have seen it change over the years and not for the better. I specifically live in this area as it is zoned R1 residential, I built my house on this basis that this area is R1. I do not want people partying and people parked all over coming and going at all hours. In my area I have noticed the legal and illegal vacation rental homes deteriorate, the property owners don't care as they don't live there, they are just getting as much as they can out of the property with out putting anything back in, and most of all they do not care how it affects the residents of the area, as they are getting what they want out of the property, and that's all that matters. I know there has been an incident at this resident already with the police, as well they have no concern for the wildlife they leave garbage out, causing a bear attractant in bear season, only to have it pulled all over by the bears, they have no regard for neighboring residents or for the wildlife. Biatecki road is a small, quiet, rural residential area with families and wildlife that roam the area. This is a family street. The street is narrow and does not have room for on street parking, you may assure us that there will be no on street parking, but I can say with certainty this will be an issue as it is all over the community and is not being addressed or enforced. I strongly urge you not to allow this rezoning to a vacation rental, and keep the quiet family residential neighborhood (R1 zoning) and not ruin it like the rest of the community is being ruined. A rezoning of 1766 Biatecki would definitely have a negative impact on the neighborhood. Thank you Tina Miertsch Written Submission - T. Miertsch - January 26, 2015 Page 9 of 21 1

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11 AGENDA ITEM #2d. From: candy Sent: Monday, January 26, :51 PM To: Dean Strachan Cc: admin Subject: Public Hearing for Zoning Amendment Bylaw No 2064 / Alan William Kennedy / 1766 Biatecki Road, Revelstoke BC We are writing in regard to the proposed rezoning of 1766 Biatecki Road. We strongly oppose to having the above noted property rezoned from Single Family Residential (R1) to Single Family Residential Vacation Rental. We specifically chose to live in this area over 25 years ago because it is a quiet neighbourhood zoned for R1 residential. Our neighbourhood is a tight knit community all looking after each other. Biatecki Road is a quiet cul-de-sac and usually only residents and or friends/family use the street. It is a narrow road with no extra room for street parking. If the property is rezoned all this will change. Last summer the Kennedy's moved in and all sorts of problems started. Police incident, several dog problems, bear issues and lack of respect to neighbours, all within a few months of them moving in. Not at all what we use to have. Also, we have concerns, if this property is rezoned, regarding: 1. Property deterioration affecting housing assessment. 2. Household noise/partying and lack of respect for neighbours. 3. Home security and safety. 4. Increased traffic and noise. With all of these points, we ask council to please not pass the request of the rezoning and take into consideration the residents of Biatecki Road and surrounding neighbours to still have a safe, quiet neighbourhood to reside in. Thank you, Candy and Derek Potter 1720 Biatecki Road Written Submission - C. Potter - January 26, 2015 Page 11 of 21 1

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13 AGENDA ITEM #2e. From: To: Subject: Date: Almer admin Re-zoning on Biatecki Rd. Monday, January 26, :30:32 PM RE: Public Hearinq for Zoninq Amendment Bvlaw No / Alan William Kennedv / 1756 Biatecki Road. Revelstoke. B.C. To Whom It May Concern My wife and I have received an from Brant Benum, our next door neighbor in regard to the application for re-zoning. At present, we are spending our vacation in Apache Junction, Arizona which makes it impossible to file an objection to the application other than by . Let it be know that we strongly object to having a vacation rental zoning in our neighborhood on the following grounds. 1. Biatecki Rd is a short dead end street ending in a foot path for children to attend the elementary school. The street is narrow and poorly maintained during the winter months which could cause a hazard for pedestrians. 2. Since the Kennedys have moved in this last summer, their visitors have been using the street for parking during the day and at times overnight. This situation will only worsen if the residence gathers more occupants. It is a well noted problem in downtown where one single residence can accommodate up to a dozen or more renters. 3. The Kennedys have three large dogs that always run loose and have caused concern with people walking their dogs and children along the street. Those same dogs have on numerous occasions defecated on neighbors lawns without being cleaned up by the owners. More occupants will no doubt bring more animals with them. 4. Home Security is always an issue with unknown transients. The residents on Biatecki Rd. are a close knit community, looking after one another in all respects, however, we would feel very vulnerable to leave anything of value where the transients could easily remove them. 5. Our quiet trustful neighborhood will not be the same should such a zoning be approved. It is on these ground that we strongly oppose the changes and make a plea for council to deny the application. Thank you for your consideration to our concerns. Almer and Verona Procyshyn 1789 Biatecki Rd. Revelstoke, BC Written Submission - A. Procyshyn - January 26, 2015 Page 13 of 21

14 AGENDA ITEM #2e. Current phone in Arizona: Written Submission - A. Procyshyn - January 26, 2015 Page 14 of 21

15 AGENDA ITEM #2f. City of Revelstoke Box 170 Revelstoke, BC V0E 2S0 RE: Public Hearing for Zoning Amendment Bylaw No. 2064/Alan William Kennedy/1766 Biatecki Road, Revelstoke, BC Dear Council; Please accept this letter on our behalf to express our opposition to the vacation rental at the above mentioned property. It would seem as though the property owners have already had the rental in operation and during the recent months we have issues with situations that are arising. First and foremost we have concerns with the increased level of noise. Sleds have been fired up and run in the back yard, as well as loud gatherings on the back deck of the property, not to mention the large amount of marijuana smell. As property owners ourselves we spent a large amount of money and took a lot of time selecting our home which was zoned as Single Family due to shift work, in what we considered to be the perfect neighborhood for us. Our street has 2 Bed and Breakfasts and never have we had any issues. The Vacation Rental has yet to be approved and we are already seeing the property owners disrespect their neighbors on many instances. The Kennedy s have 3 large dogs that frequently roam the neighborhood even though there is a 6 foot fence, we have had bear issues because the garbage doesn t get put away (RCMP were involved) as well as neighboring trees removed without the property owners consent. According to the VRBO listing for this property it clearly states that the maximum beds for guests is 9 which differs from the zoning bylaw stating that the maximum occupancy is 8? Please seriously consider our comments. If the purpose of the Kennedy s was to have a Vacation Rental why did they purchase a home that was zoned as Single Family and in a quiet neighborhood with only local traffic? This type of rental is completely different from the B&B clientele and from recent experiences is not attracting families that appreciate or respect a family neighborhood. Thank you for your consideration. Respectfully, Barb Tetrault Wayne Tetrault 1753 Hay Rd Revelstoke, BC V0E 2S3 Written Submission - W. Tetrault - January 26, 2015 Page 15 of 21

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17 AGENDA ITEM #2g. From: Sent: To: Subject: Benum Tuesday, January 27, :38 AM admin Alan William Kennedy R1v To Whon It May Concern; I have been requested to forward this to you from Kip and Jill Holloway, whom reside at 1788 Biatecki Rd. Kip and Jill are away on holidays. Hi Brant, how are things going? Just got your regarding the Kennedy's application for rezoning. We are in the same position as Al & Verona being unable to respond other than by . We agree with Al & Verona's letter wholeheartedly & strongly object to the proposal. would you please pass our objection to the council of our feelings. thank you very much Kip & Jill Holloway. Thanks. Brant Benum 1773 Biatecki Rd. Revelstoke Written Submission - K & J. Holloway - January 27, 2015 Page 17 of 21 1

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19 AGENDA ITEM #2h. From: To: Subject: Date: Ed D & Ute T admin Zoning amendment bylaw No.2064/Alan William Kennedy/ 1766 Biatecki Road, Revelstoke, BC Tuesday, January 27, :58:04 AM Edwin Deloughery and Ute Trixl, 1737 Hay Road, Revelstoke, BC, OBJECT to change the zoning designation of the subject property from Single Family Residential District (R1) to the Single Family Residential Vacation Rental District (R1v)subzone Edwin Deloughery Ute Trixl P O Box 1794, 1737 Hay Road Revelstoke, BC V0E 2S0 Written Submission - E. Deloughery and U. Trixl - January Page 19 of 21

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21 AGENDA ITEM #2i. From: To: Subject: Date: Benum admin Alan Kennedy application for R1v zoning Tuesday, January 27, :35:08 AM To Whom it may concern; The purpose of this is to express our opposition to the proposed change from R1 to R1v. I purchased my residence (1773 Biatecki Rd) over 20 years ago because of the R1 zoning, and we do not want that to change. Thank You Brant and Lorelei Benum. Written Submission - B & L. Benum - January 27, 2015 Page 21 of 21