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Agenda Package - City of Vernon

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3-<br />

provisions are difficult and complex. Applicable <strong>City</strong> taxes would be collected in<br />

accordance with the applicable land use category assigned by the B'C'<br />

Assessment Authority (as per Figure 1 which outlines their strata accommodation<br />

property declaration requirements).<br />

3. A brief overview is provided <strong>of</strong> the events that have led to the current status <strong>of</strong> the<br />

occupancy ratio and residency limitations, as follows.<br />

a. October 1999<br />

The occupancy restrictive covenant was registered on the titles <strong>of</strong> the 41<br />

single detached strata titled cottages at Predator Ridge. The lands on<br />

wn¡cn the cottages were developed was and continues to be zoned RTC -<br />

Resort Residential. Prior to the adoption <strong>of</strong> Zoning Bylaw #5000 in July<br />

2OO4 all RTR - Resort Residential uses were also permitted on lands zoned<br />

RTC. This is one <strong>of</strong> the "step-down" provisions that were removed when<br />

Zoning Bylaw #5000 was adoPted'<br />

Predator Ridge stated on the Building Permit application for the 41 units that<br />

they were foi tourist accommodation (short term stay - less than 180 days<br />

pei visit per year) purposes and therefore they were levied commercial<br />

development - cost charges (D.C.C.s) which were in the range <strong>of</strong><br />

approximately $3,000 - $4,000 less per cottage. The maximum 180 day<br />

occupancy covenant (with the D.C.C. top-up payment option) was<br />

registered so full time residency did not take place unless the top-up<br />

payment was received. The residential D.C.C. rate was higher than the<br />

commercial rate because it included the open space charge and slightly<br />

higher charges for other items'<br />

To date the C1y has received the D.C.C. top-up payment for only one <strong>of</strong> the<br />

strata titled cottages.<br />

b. June 2001<br />

The occupancy limitation and D.C.C. top-up provision covenant was<br />

registered'on the titles <strong>of</strong> the 17 rental accommodation units in the complex<br />

kn-own as the Falcon Point Villas (272 Chicopee Road) at Predator Ridge'<br />

No D.C.C. top-up fees have been processed to-date for this complex.<br />

c. May 2004<br />

The occupancy limitation is registered on the titles <strong>of</strong> the five units in the<br />

complex known as Paddlewheel Villas (7665 Okanagan Landing Road -<br />

adjacent to the Blue Heron Pub and marina). There are no D.C.C. top-up<br />

and additional residential use provisions in this covenant as those are not<br />

provided for a townhouse building zoned for tourist commercial use. One <strong>of</strong><br />

the 1ve units in this complex is allowed as a permanent residence'<br />

d. July 2004<br />

The new Zoning Bylaw #5OOO is adopted which removed the RTR-Resort<br />

Residential useð from the RTC - Resort Commercial zone. This resulted in 223

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