DISTRICT OF PEACHLAND PUBLIC HEARING MEETING AGENDA Council Chambers Community Centre th Street Peachland Wednesday, May 26, 2010 at 7:00 P.M.

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1 DISTRICT OF PEACHLAND PUBLIC HEARING MEETING AGENDA Council Chambers Community Centre th Street Peachland Wednesday, May 26, 2010 at 7:00 P.M. Page 1. OPEN PUBLIC HEARING SUBMISSIONS a) No. 1944, 2010 and Zoning Bylaw No. 1375, 1996 Amendment Bylaw No. 1924, 2010 Proposed Amendment includes adding Schedule 'C' - Pincushion Area Sector Plan to the OCP; and Creating a Comprehensive Development CD-7 Zone to facilitiate the development of a self-contained mixed use community 3. CLOSE (or ADJOURN) PUBLIC HEARINGS Polly Palmer Corporate Officer May 21, 2010 Page 1 of 90

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3 District of Peachland Public Hearing Report To: From: Mayor & Council Date May 26, 2010 Subject: Jag Dhillon, Planning and Development Consultant 1) Proposed amendment to the OCP Bylaw No. 1600, 2000, Appendix C Pincushion Area Sector Plan. 2) Proposed amendment to Zoning Bylaw No. 1375, 1996, to create a Comprehensive Development CD-7 zone to facilitate the development of a self contained mixed use community that will provide attractive amenities and financial benefits to Peachland History of the Application: April A fire at the Ponderosa Golf Club destroyed the clubhouse and facilities Oct., Peachland staff advised the Golf Club that an Area Sector Plan (ASP) would be required for the redevelopment of the area and that Terms of Reference for the ASP would be required, Dec 8, Council adopted an OCP (ASP) Amendment Bylaw to allow for the redevelopment of the area. April 13, Council: i. gave 1 st and 2 nd reading to the OCP Bylaw No Amendment Bylaw No. 1944, ii. gave 1 st and 2 nd reading to Zoning Bylaw No Amendment Bylaw Number 1924, 2009 iii. received the District of Peachland Ponderosa/Pincushion Master Development Agreement. Official Community Plan Amendment: The OCP Amendment allows: (i) (ii) The inclusion of the Pincushion Area Sector Plan as Appendix C to the District of Peachland OCP. Removal of the requirement to provide a public swimming pool as a public amenity. Removal of this requirement is replaced by a cash payment of $470,000 in compensation for the non-required 1.19 ha (2.94) area of land for the non-required swimming pool and provision of a Community Amenities Contribution Fund generated through a charge of $ per residential unit built on the property. Zoning Bylaw Amendment: The Zoning Amendment Bylaw regulates the development of a mixed use: Page 3 of 90

4 This zone is intended to accommodate and regulate the development of a mixed- use master planned community comprised of approximately 2100 units, a community golf course and a winery. The zone has been divided into 6 Development Areas numbered 1 to 6, all regulations in the CD-7 zone apply to land within the 6 (six) Development Areas noted below: Development Area #1 ** (DA-1) titled Village Centre containing a mix of commercial uses and a maximum of 1050* residential units. Development Area #2 ** (DA-2) titled Vineyard/Winery containing a mix of winery/vineyard uses and a maximum of 70* residential units. Development Area #3 **(DA-3) titled Alpine containing a maximum of 120* residential units. Development Area# 4 ** (DA-4) titled Multiple Family containing a maximum of 700* residential units. Development Area #5** (DA-5) titled Single Family containing a maximum of 100* residential units. Development Area #6** (DA-6) titled Golf/Tennis containing a golf course/tennis courts and containing a maximum of 60* residential units. * Absolute density within each Development Area may vary with maximum total development of 2100 residential units (un-bonused for affordable housing) ** Parts of a Development Area may be developed in Phases under separate Development Permits. Master Development Agreement: The development of the property is to take place under a Master Development Agreement. Under this agreement the developer covenants and agrees to fully develop and dedicate or otherwise provide for perpetual public use the following amenities, generally in locations and configurations identified on Schedule E (Trail network Plan Map) (i) (ii) (iii) (iv) An amphitheatre, a Village Square, and a Trail Head Park To develop and construct trails on the properties and extend the same to the existing neighbourhood trails. To develop different types of affordable housing. The developer shall provide a 0.13 ha (1/3acre) site adjacent to the golf course maintenance facility for a Satellite Fire Station/equipment storage shed to make a contribution of $ per residential unit to be placed in a reserve fund for fire protection equipment. Referral Letters: Referral letters were sent to all external Technical Agencies for comment prior to proceeding to Public Hearing. Notification has been placed in the local paper and mailed to all property owners within 100m of the subject site prior to public hearing, as stipulated in the Local Government Act. The following comments have been received: Concerns RCMP Regional District - Wastewater treatment Plan DCC recovery Response No Comment RDCO DCC s will be collected in conjunction with District s DCC s at time of subdivision approval or building permit as required by Local Government Page 4 of 90

5 Archaeology Branch - request the developer engage a qualified archaeologist to determine if an impact assessment is warranted. Ministry of Transportation and Infrastructure (MOTI)- detailed discussions have been held between the MOTI, the Development Group, Consultants representing the Development Group and the District and Planning staff for the District of Peachland (most recently on May 13, 2010). Ministry of Tourism, Culture & Arts - in concert with Integrated Land Management Branch sale of Crown Lands and First nations consultation. Regional District Parks & Recreation comments per Trepanier Greenway Interface legislation. The Master Development Agreement section 18.2 addresses the requirement for archaeological assessment prior to issuance of a Development Permit if required by the District A report on the transportation issues will be provided at the public hearing. MTCA supports the Ponderosa development proposal and does not have concerns with it. After reviewing the draft legal plan there appear to be no overlapping interests between the Ponderosa Golf Course Expansion and the Regional District s interest in the Trepanier Creek Greenway. As you progress forward with the project we would be interested in continuing to be informed as there may be adjacency issues that we may need to discuss such as the operation of a public trail adjacent to a golf course, and physical impacts down slope of the golf course. Attachments: As of May 19, 2010, the following letters pertaining to the application have been received: Name Address Date Received In Favour / Opposed / Concern Weisgarber 5205 MacNeil Court May 17,2010 In Favour Sebastian 3788 INglis Place May 14, 2010 In Favour Gotobed 5172 Morrison Crescent May 16, 2010 In Favour Clarke Ponderosa Drive May 16, 2010 In Favour Fletcher Brown Road Ma7 17, 2010 In Favour Bovbjerg 4035 Ponderosa Place May 17, 2010 In Favour Althuis th Avenue May 14, 2010 In Favour Darby 4607 Ponderosa Drive May 14, 2010 In Favour Sturn Chateau on the Green May 17, 2010 Concern (tee location) Baltzer Huston Road May 18, 2010 In Favour Wochel Beach Avenue May 18, 2010 In Favour Moberg Beach Avenue May 18, 2010 In Favour Unger Beach Avenue May 18, 2010 In Favour Unger Beach Avenue May 18, 2010 In Favour Stewart Beach Avenue May 18, 2010 In Favour Stewart Beach Avenue May 18, 2010 In Favour Sedgewick Beach Avenue May 18, 2010 In Favour Didyk Beach Avenue May 18, 2010 In Favour Costa Beach Avenue May 18, 2010 In Favour Anderson Beach Avenue May 18, 2010 In Favour Limacher Beach Avenue May 18, 2010 In Favour VanSchyndel Princeton Avenue May 18, 2010 In Favour Anderson Beach Avenue May 18, 2010 In Favour Sawchuck 6193 Gummow Road May 18, 2010 In Favour Rose 3747 Lornell Court May 18, 2010 In Favour Page 5 of 90

6 Wells 3747 Lornell Court May 18, 2010 In Favour Stewart 3742 Lornell Court May 18, 2010 In Favour Melse 3742 Lornell Court May 18, 2010 In Favour Rose 3747 Lornell Court May 18, 2010 In Favour Mitchell 3746 Lornell Court May 18, 2010 In Favour Kurz 6236 Miller Road May 18, 2010 In Favour Boos Somerset Avenue May 18, 2010 In Favour Foster 5884C Beach Avenue May 18, 2010 In Favour Geiger 4098 Beach Avenue May 18, 2010 In Favour Presta Beach Avenue May 18, 2010 In Favour Presta Beach Avenue May 18, 2010 In Favour O Brien th Avenue May 18, 2010 In Favour In Favour = 36 Concern = 1 Opposed = 0 Total = 37 REPORT/DOCUMENT: Attached: X Available: Nil: 1. Notice of Public Hearing 2. Master Development Agreement (MDA) 3. OCP Amendment Bylaw No Zoning Amendment Bylaw No Schedule D Reference Map Project Phasing 6. Schedule E Reference Map Open Space and Trails 7. Letter s received from the public Page 6 of 90

7 NOTICE OF PUBLIC HEARING Notice is hereby given that the Council of the District of Peachland will hold a Public Hearing to hear representations of persons who deem that their interest in property is affected by Official Community Plan Bylaw No. 1600, Amendment Bylaw No. 1944, 2010 and Zoning Bylaw No. 1375, amendment Bylaw No. 1924, 2010 at 7:00 p.m. on May 26, 2010, in the Gymnasium at the Peachland Community Centre, th Street, Peachland, B.C. The District proposes to amend the Official Community Plan Bylaw Number 1600, 2000 Appendix C Pincushion Area Sector Plan as follows: (a) To remove all references to require the development to provide for a public swimming pool as an amenity. The Development will provide land for park or a cash-in-lieu plus a per unit contribution for general amenities and the development will provide a Community Amenity Contribution fund generated through the build-out of the ASP; and (b Council will not adopt any zoning bylaws to implement the plan until appropriate studies or reports are undertaken and provided so that they may be phased into individual development permit applications AND THAT: The District proposes to amend Zoning Bylaw Number 1375, 1996, as follows: To create a comprehensive development CD-7 zone for the purpose of redevelopment of the Ponderosa Golf Course (159 ha) and create a development containing dwelling units ranging from single family dwellings, to multiple family strata title units, an urban village with commercial development and tourist accommodation, a winery and vineyard. The legal descriptions of the lands affected by the zoning amendment bylaw are described as follows: PID: , Block 34, District Lot 490, ODYD, Plan 125 PID: , Block 35, District Lot 490, ODYD, Plan 125 PID: , Block 38, District Lot 490, ODYD, Plan125 except Plan H750 PID: , District Lot 902, ODYD, except Plans B5979, 26312, 35106, and H783 PID: , Lot 1, District Lots 220, 902 and 2897, ODYD, Plan PID: , District Lot 1800, ODYD Except: South 10 Chains, and Plans 20595, 21887, 24539, and KAP58324 PID: , DL 5351 ODYD PID: , DL ODYD PID: , Block C of DL. 2897, 5351, and 5352 ODYD, The proposed Official Community Plan Amendment Bylaw Number 1944, 2010 and the proposed Zoning Amendment Bylaw No. 1924, 2010 may be inspected at the Municipal Office, 5806 Beach Avenue, Peachland, B.C. during normal business hours (8:00 a.m. to 4:00 p.m.) Monday to Friday inclusive, excluding Statutory Holidays, from May 10, 2010 to May 26, Take notice that the above describes the general intent of the proposed Official Community Plan Amendment Bylaw and Zoning Amendment Bylaw which have been read First and Second Times by the Council of the Corporation of the District of Peachland. This synopsis is not intended to be, and is not to be, understood as an interpretation of the Bylaws. NO REPRESENTATIONS WILL BE RECEIVED BY THE MUNICIPAL COUNCIL AFTER THE CONCLUSION OF THE PUBLIC HEARING Page 7 of 90

8 The subject Property is shown on the map below Page 8 of 90

9 REVISED DRAFT PONDEROSA / PINCUSHION MASTER DEVELOPMENT AGREEMENT April 7, 2010 MASTER DEVELOPMENT AGREEMENT THIS AGREEMENT is dated for reference the day of, BETWEEN: AND: WHEREAS DISTRICT OF PEACHLAND 5806 Beach Avenue Peachland, B.C. V0H 1X7 (the "District") BC Ltd. P.O. Box Burrard Street Vancouver, BC V7X 1J5 (the "Developer") OF THE FIRST PART OF THE SECOND PART A. The Developer is the registered owner of lands legally described as: PID: , Block 34, District Lot 490, ODYD, Plan 125 PID: , Block 35, District Lot 490, ODYD, Plan 125 PID: , Block 38, District Lot 490, ODYD, Plan 125 except Plan H750 PID: , District Lot 902, ODYD, except Plans B5979, 26312, 35106, and H783 PID: , Lot 1, District Lots 220, 902 and 2897, ODYD, Plan PID: , District Lot 1800, ODYD except South 10 Chains, and Plans 20595, 21887, 24539, 41361, and KAP58324 PID: , DL 5351 ODYD PID: , DL ODYD PID: , Block C of DL. 2897, 5351, and 5352 ODYD, B. The Developer has made an application to the District to rezone the Lands in accordance with the "District of Peachland Zoning Amendment Bylaw No. 1924, 2009, the ("Specified Zoning Bylaw"), a copy of which is attached as Schedule "A", and The Ponderosa/Pincushion Ridge Area Sector Plan that forms a part of the Official Community Plan adopted under "District of Peachland Official Community Plan Amendment Bylaw No. 1891, 2009 (the "OCP Amendment Bylaw"). C. The Developer has undertaken to provide certain amenities in conjunction with the development of the Lands and the parties wish to ensure that the provisions of the Specified Zoning Bylaw continue to apply to the Lands for the period more particularly set out in this Agreement, that the Lands are developed as identified herein, and that the amenities are provided in conjunction with the development of the Lands and in the sequence provided for in this Agreement. D. The Developer plans to construct a comprehensive development on the Lands as provided in the Area Sector Plan as amended from time to time including: 1 Page 9 of 90

10 REVISED DRAFT PONDEROSA / PINCUSHION MASTER DEVELOPMENT AGREEMENT April 7, 2010 (a) A Village Centre containing a maximum of 5,000 square metres of commercial and retail space, tourist accommodation, and 1050 residential units (b) A Vineyard/Winery including 70 residential units; (c) An Alpine Development including 120 residential units; (d) Multiple Family Development including 700 residential units; (e) Single Family Development including 100 residential units; (f) Golf Course, Club House, including 60 residential units; (g) Parks & Trails; (h) Restaurant, spa and other uses commonly associated with a Hotel or other recreational development developed on the Lands, and accessory parking, buildings and structures in accordance with the Specified Zoning Bylaw; and (i) Notwithstanding the numbers of residential units contained in (a) to (f) above, the numbers may be changed as long as the maximum number of market units will not exceed 2100, plus 210 units of affordable housing units. E. The parties wish to set out in this Master Development Agreement their Agreement as to conditions for the Development (defined below) and the provision of various amenities and gifts if the Zoning Amendment Bylaw is adopted, namely: (a) The provision of approximately 4.1 hectares (10.2 acres) of land as dedicated usable public parkland as approved by the District. The Approving Officer may consider accepting a lesser piece of land and cash-in-lieu (as allowed under the Local Government Act) for the remaining portion. (b) The provision of a trail system in the Development that shall connect with the existing trail system around the subject property, including the provision of dedications, covenants, or Statutory Rights of Way, or a combination thereof, to secure public use of the trail system; (c) The provision of no-build covenants to ensure property within building setbacks remains green space; (d) The reservation, by covenant or affordable housing agreement to provide a minimum of 210 affordable housing units as specified in Section 11.0 of this Agreement containing a mix of units: single occupant units (each approximately 50 square metres / 500 sq. ft); double occupant units (each approximately 56 to 80 square metres / sq. ft); units intended for special needs occupants and family occupants (each approximately 93 square metres/ 1,000 sq ft in area); One market housing unit over and above the ASP density allocation is bonused for each affordable unit provided; (e) Restrictions on the development of multiple family residential and condominium development until affordable housing is also provided or provided for; (f) In the event that the proposed number of housing units are not built, a minimum of 10% of the total units built will be affordable housing. (g) A contribution per unit as approved at the Development Permit or subdivision stage and concurrent with DCC payments to be used for recreation facility funding by the District; 2 Page 10 of 90

11 REVISED DRAFT PONDEROSA / PINCUSHION MASTER DEVELOPMENT AGREEMENT April 7, 2010 (h) The funding or provision of reasonably required improvements attributable to the development to District Roads and the Highway identified in the transportation studies to be prepared; (i) The funding or provision of required improvements attributable to the development to District water, sanitary sewer and stormwater works identified in the Infrastructure Report to be prepared; and (j) The construction of all required off-site and on-site streetscape, improvements and access to Highway 97 to be designed and approved by the Ministry of Transportation and Infrastructure attributable to the development. F. The Council of the District of Peachland has, by bylaw, authorized the execution of this Agreement. G. The parties acknowledge that the Concept Plan is general and conceptual only, having been prepared without a determination as to whether the precise road alignment best suits the contours of the Lands. Building locations and configurations have only been shown to provide an indication as to probable site coverage and location and do not control final siting and location of buildings. Nevertheless, the Concept Plan has been presented to the public and therefore the Developer acknowledges that certain public expectations may exist as to the proposed development. Therefore, the Developer covenants and agrees that, notwithstanding any other statutory requirements or District bylaws or regulations and whether or not required by law, the Developer will not apply for a development permit or building permit for any development of the Lands, or portion of the Lands if subdivided, until he has: (a) prepared a detailed plan for each portion of the Lands to be developed; (b) consulted with the public, including residents of the District, by hosting at least one (1) public information meeting which is not necessary for a development containing 20 units or less; (c) provided the plan and a report of the consultation, including a copy of any written comments received, a summary of verbal comments and any changes to the new concept plan resulting from the consultation, to the District s Director of Planning & Development Services; and (d) provided the Traffic Impact Assessment Report. NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration for the mutual promises exchanged herein, the parties agree pursuant to Section of the Local Government Act, as follows: 1.0 DEFINITIONS AND INTERPRETATION 1.1 In this Agreement: "Affordable Housing" means housing which would have a market price that is affordable to households with 80% or less than the regional median household income, as reported by Statistics Canada. The cost of shelter should not exceed 30% of the gross household income, according to Canada Mortgage and Housing Corporation. 3 Page 11 of 90

12 REVISED DRAFT PONDEROSA / PINCUSHION MASTER DEVELOPMENT AGREEMENT April 7, 2010 "Agreement" or "Master Development Agreement" or "MDA" means this Phased Development Agreement. "CD-7 Zoning Plan" means the plan so titled and also referred to as the Map-1, prepared by the Developer, as included in the Rezoning Bylaw and attached to this Agreement as Schedule "C"; "Concept Plan" means the plan entitled "Concept Plan", dated January 11 th, 2010 prepared by Aplin Martin and attached to this Agreement as Schedule "D"; "Developer" includes, on transfer of the Lands or portions thereof, the new registered owners of the Lands or portions thereof, subject to the provision, and further to the terms, of an agreement in accordance with Section 25 of this Agreement, with respect to the Lands or portions thereof owned; "Development" means the development site preparation that the Developer will construct on the Lands as contemplated under this Agreement. "Specified Zoning Bylaw Provisions" means all those provisions of the Zoning Amendment Bylaw that are applicable to the Lands and that are adopted pursuant to section 903 of the Local Government Act. "Trails" means a pathway averaging no less than three (3) metres wide Right-of-Way at any point providing connections to the existing Trail at various points, generally as shown on the Trail Network Plan. "Trail Network Plan" means the version of the Concept Plan, similarly entitled and dated, modified to identify the Trail System with thick dashed lines and arrows, shown in red on the colour version of the plan, and attached to this Agreement as Schedule "E"; which is to be dedicated or otherwise secured in accordance with this Agreement for the use and enjoyment of the public in perpetuity. 1.2 The headings and captions are for convenience only and do not form a part of this Agreement and will not be used to interpret, define or limit the scope, extent or intent of this Agreement or any of its provisions. 1.3 The word "including" when following any general term or statement is not to be construed as limiting the general term or statement to the specific items or matters set forth or to similar terms or matters but rather as permitting it to refer to other items or matters that could reasonably fall within its scope. 1.4 A reference to currency means Canadian currency. 1.5 A reference to a statute includes every regulation made pursuant thereto, all amendments to the statute or to any such regulation in force from time to time, and any statute or regulation that supplements or supersedes such statute or any such regulation. 4 Page 12 of 90

13 REVISED DRAFT PONDEROSA / PINCUSHION MASTER DEVELOPMENT AGREEMENT April 7, This Agreement shall be governed by and construed in accordance with and governed by the laws applicable in the Province of British Columbia. 1.7 A reference to time or date is to the local time or date in Peachland, British Columbia. 1.8 A word importing the masculine gender includes the feminine or neuter, and a word importing the singular includes the plural and vice versa. 1.9 A reference to approval, authorization, consent, designation, waiver or notice means written approval, authorization, consent, designation, waiver or notice A reference to a section means a section of this Agreement, unless a specific reference is provided to a statute. 2.0 SCHEDULES 2.1 The following Schedules are attached to and form part of this Agreement: Schedule "A" - Zoning Amendment Bylaw Schedule "B" - OCP Amendment Bylaw Schedule "C" Comprehensive Development Zoning Plan Schedule D Concept Phasing Plan Schedule "E" - Trail Network Plan Schedule F Assignment/Assumption Agreement Schedule G Sample Affordable Ownership Housing Agreement 3.0 APPLICATION OF AGREEMENT 3.1 This Agreement applies to the Land and to no other land. 4.0 CONDITIONS PRECEDENT 4.1 Except for the Developer's and the District of Peachland's obligations under section 17.0, and except for the Developer's obligation to build under section 16.0, the obligations of the parties under this Agreement are subject to the District of Peachland, in its sole and unfettered discretion, adopting both the OCP Amendment Bylaw and the Zoning Amendment Bylaw. 5.0 SPECIFIED ZONING BYLAW PROVISIONS 5.1 For the term of this Agreement, any amendment or repeal of the Specified Zoning Bylaw provisions shall not apply to the Land, subject to: (a) the express limits set out at section of the Local Government Act; (b) the termination of this Agreement under section 7.0; and (c) changes that are mutually agreed by both the Developer and the District in writing shall apply. 6.0 TERM OF AGREEMENT 5 Page 13 of 90

14 REVISED DRAFT PONDEROSA / PINCUSHION MASTER DEVELOPMENT AGREEMENT April 7, The term of this Agreement is ten (10) years from the date it is fully executed by the parties. 6.2 Subject to the approval of the Inspector of Municipalities being obtained pursuant to section 905.2(2) of the Local Government Act, this Agreement may be extended by mutual consent of the District of Peachland and the Developer for up to two (2) additional renewal terms of five (5) years each provided that: (a) the Developer is not in default of any of its obligations under this Agreement at the time of such extension; (b) (c) the District of Peachland and the Developer agree in writing to an extension of this Agreement prior to the end of the Term, or renewal term as the case may be; and in no event shall the Term of this Agreement including all renewal terms be for a period of more than twenty (20) years. 6.3 In the event the approval of the Inspector of Municipalities is not obtained within the time contemplated under section 6.2, then this Agreement shall be for a period of ten (10) years only with no provision for renewal or extension. 7.0 TERMINATION 7.1 The parties may terminate this Agreement at any time by written agreement. 7.2 If the Developer does not comply with any of the provisions of sections 8.0 through 16.0 of this Agreement, the District of Peachland may at its option terminate this Agreement before the expiry of the Term by providing notice in writing to the Developer, provided that: (a) (b) (c) in the case of a failure on the Developer's part to pay a sum of money or to provide security for an obligation, the District of Peachland has, at least thirty (30) days prior to giving such notice, advised the Developer in writing of the alleged failure to pay or to provide the security (the "Default Notice") and the Developer has not corrected the failure to the reasonable satisfaction of the District of Peachland within that thirty (30) day period; in the case of any other failure on the Developer's part to comply with the provisions of sections 8.0 through 16.0 of this Agreement, the District of Peachland has, at least sixty (60) days prior to giving such notice, provided the Developer with a Default Notice in respect of such failure, and the Developer has not corrected the failure or deficiency in performance to the reasonable satisfaction of the District of Peachland, within that sixty (60) day period; or if a failure or deficiency (but for certainty, not including a failure to pay a sum of money or provide security as referred to in section 7.2(a)) requires longer than sixty (60) days to remedy, the Developer has failed to substantially commence remedying such failure or deficiency within sixty (60) days after receipt of the Default Notice to the reasonable 6 Page 14 of 90

15 REVISED DRAFT PONDEROSA / PINCUSHION MASTER DEVELOPMENT AGREEMENT April 7, 2010 satisfaction of the District of Peachland and further has failed to diligently pursue remedying the failure or deficiency thereafter. 8.0 DEDICATION OF LAND 8.1 The Developer covenants and agrees to dedicate or otherwise provide for perpetual public access to at least 5% of the developable Lands (or cash-in-lieu) as public park, generally in locations and configurations identified within the Development Permit application and Trail Network Plan subject however to the final review and acceptance of the District. This park contribution will be offered as follows: Four Hundred and Seventy Thousand Dollars ($470,000) Cash-in-lieu as compensation for the non-required 1.19 hectare (2.94 acre) land for the pool site; Ha (4.41 acre) a Liniar Park along the road to be dedicated as Public Road; and Conservation areas as deemed acceptable by the Approving Officer. 8.2 The Developer covenants and agrees that the requirements of this Part must be fulfilled for each of the six (6) Development Areas identified in the Rezoning Bylaw, concurrently with the subdivision of each "Development Area" and prior to any development or construction on that Development Area being occupied. 8.3 The Developer shall at its sole cost prepare all plans, transfer forms and other documents necessary to give effect to the transfers required to be made under section The Developer agrees to dedicate 0.13 hectares (1/3 acre) of land for Satellite fire equipment storage facility in close proximity to the golf course maintenance facility, if required. 8.5 The Developer shall satisfy all legal requirements and conditions necessary to affect the transfers required under section 8.1, and shall obtain all necessary approvals required for any subdivision of the Lands necessary to affect those transfers, all at the Developer's sole cost. 8.6 In the event the OCP Amendment Bylaw and Specified Zoning Bylaw are not finally adopted by the District of Peachland within twelve (12) months of the execution of this Agreement, then the Developer may at its sole option withdraw its application to amend the Official Community Plan Bylaw No.1600, 2000 and the Zoning Bylaw No. 1924, DEDICATION OF PUBLIC AMENITIES 9.1 The Developer covenants and agrees to fully develop and dedicate or otherwise provide for perpetual public use the following amenities, generally in locations and configurations identified on Schedule E (Trail Network Plan Map) attached to this Agreement: (a) An Amphitheatre (b) A Village Square (c) A Trail Head Park. 7 Page 15 of 90

16 REVISED DRAFT PONDEROSA / PINCUSHION MASTER DEVELOPMENT AGREEMENT April 7, The Developer or Legal Assignee covenants and agrees to be fully responsible for the maintenance of the public amenities noted in subsection TRAILS 10.1 The Developer covenants and agrees that any portions of the Trails that have not been dedicated further to Part 9.0 will be dedicated or secured by way of Statutory Right of Way, at the sole discretion of the District, for each parcel of the Land which has been subdivided from the parent parcel Lands Where the District requires dedication, the Developer covenants and agrees that it will dedicate the portion necessary for the Trails, duly developed at its sole cost, at the time of subdivision approval or issuance of a development permit on the portion of the Lands being developed Where the District does not require dedication, the Developer covenants and agrees that it will provide the District with and register, at its sole cost, a Form C Statutory Right of Way pursuant to section 218 of the Land Title Act in the form attached as Schedule "E" to this Agreement securing the public right of access to and use of the Trail System. The Developer shall undertake to register this Statutory Right of Way along with the registration of related approved subdivision or the issuance of a Building Permit for the lands for any building on the Lands or part thereof The Developer covenants and agrees to extend, develop and construct the Trails with a Rightof-Way containing an average width of 3 metres (10 feet) to a standard consistent with neighbouring portions of the existing trails Prior to the issuance of a building permit for any building on the Lands, or if subdivided, the portion of the Lands being developed, the Developer will: (a) provide an engineering plan for the development of the Trails to the satisfaction of the District; and (b) provide security in the form of cash or letter of credit in an amount that is to the reasonable satisfaction of the District as security for the Developer's obligations under this Part The Developer covenants and agrees that the Trail System will be constructed, in accordance with the Development Permit before an occupancy permit is issued for any building on the Lands developed. Issuance of an occupancy permit does not warrant or guarantee satisfaction of this condition. The District may require the Developer to provide, and the Developer shall provide, at its sole expense, additional information to make this determination. The District will make a determination within thirty (30) days or earlier of notification that the relevant portions of the Trail System have been constructed or the issuance of an occupancy permit as to the satisfaction of this section and District will return or release ninety-five (95%) percent of the security at that time if satisfied. The remaining five (5%) percent may be used with respect to defects or deficiencies (including maintenance) in construction and landscaping and any unused 8 Page 16 of 90

17 REVISED DRAFT PONDEROSA / PINCUSHION MASTER DEVELOPMENT AGREEMENT April 7, 2010 portions will be returned or released twelve (12) months after release of the ninety-five (95%) percent The Developer covenants and agrees that where a parcel being developed is not adjacent to another parcel which has already been developed, such that there would be a gap of up to one hundred (100) metres in the existing Trail, the Developer will secure and provide a temporary connection between the developed portions of the existing Trail, at its sole cost, until such time that the gap portion of the Trail is developed. The gap portion of the trail need not be constructed to the standards required in this Part but must be safe for public use, as determined by the District in consultation with its insurers. Where the gap portion has not been secured by dedication or statutory right of way, the Developer will secure and provide a License of Use and Occupation with substantially the same terms as the statutory right of way noted in section 10.3 to secure public access to the gap portion of the trail The Developer acknowledges that the District may, at any time and at its own initial expense, engineer, develop and construct portions of the Trail system to provide connections between developed portions of the Trail system, to the same standards required in section 9.4 and in the same general locations shown on the Trail Network Plan. Prior to issuance of a building permit for any building on the portion of the Lands where the District has constructed the trail, the Developer will reimburse the District for its reasonable expenses in constructing the trail. Reimbursement is not required if the Developer has relocated the trail greater than three (3) metres from the District-constructed trail, but the Developer is solely responsible for the expense of relocation (including, but not limited to, decommissioning the District-constructed trail if necessary) and construction of the relocated trail. Where only portions of the trail are relocated, then reimbursement is only required for the non-relocated portions, calculated as the proportionate share of the total expense. This section does not otherwise relieve the Developer's obligations The developer acknowledges that in addition to policies contained in the ASP it is necessary to maintain attractive means of slope retention where stabilization is required GREENSPACE AND CONSERVATION COVENANTS 11.1 The developer covenants and agrees that it shall not remove or disturb any soil, vegetation (with the exception of weeds) or trees from, nor construct any buildings, structures or improvements of any land upon the no disturb zone without first obtaining written consent of the Director of Planning and Development, and provide the District of Peachland with a Form C Restrictive Covenant, prior to issuance of a Development Permit pursuant to Section 219 of the Land Title Act SUSTAINABLE DEVELOPMENT FEATURES 12.1 The Developer shall ensure that Green Building standards will be applied where practical and energy, water, liquid and solid waste conservation alternatives will be considered wherever possible as contained in Schedule ii 13.0 AFFORDABLE HOUSING 9 Page 17 of 90

18 REVISED DRAFT PONDEROSA / PINCUSHION MASTER DEVELOPMENT AGREEMENT April 7, The Developer covenants and agrees to develop affordable housing as defined in this Agreement and subject to the following conditions of this Part: (a) the Affordable Housing units shall be constructed by the Developer; (b) The Affordable Housing units shall be managed through a registered Housing Agreement for owner occupied units approved by the District. (c) the Affordable Housing unit mix shall be approximately: (i) thirty (30%) percent intended for Single Occupant; (ii) thirty (30%) percent intended for Double Occupants; (iii) ten (10%) percent intended for Special Needs Occupants; and (iv) thirty (30%) percent intended for Family Occupants; (d) the Affordable Housing units shall be of the following approximate sizes: (i) Single Occupant - 50 square metres (approx.500 sq. ft in area); (ii) Double Occupant- 56 to 80 square metres (approx sq. ft. in area); and (iii) Family - 93 square metres (1,000 sq. ft in area); (e) with respect to strata ownership units, price caps and resale caps shall be developed, maintained by a registered Housing Agreement; and (f) bonus density with one (1) market unit for each affordable unit provided Notwithstanding section 13.1, and the provisions of Section E(e), a part of the area identified as Development Area #1 in Bylaw Number 1924, 2010 may be developed for a maximum 200 Multi-family Residential or Condominium units or a combination thereof without the concurrent provision of Affordable Housing. However, development and construction of the remaining Multi-Family Residential or Condominium, units or a combination thereof first requires the development and completion, including issuance of occupancy permit(s), of at least 20 Affordable Housing units on the Lands, allocated to the Development Areas # When the Developer applies for a building permit for any building containing "Multiple Family Residential" and in any event before the Developer engages in any pre-sales of those units as permitted under the Real Estate Development and Marketing Act, the Developer must advise the District of the total Affordable Housing allocation made available on the Affordable Housing units with respect to the Phase of construction The Developer must not sell or agree to sell any Affordable Housing unit other than in accordance with and Affordable Housing Agreement approved by the District DISTRICT CONTRIBUTIONS Community Facilities Contribution 14.1 The Developer covenants and agrees that it will make a cash contribution to an Amenity Reserve Fund established by the District, for the general purpose of upgrading the Community Facilities in the amount of One Thousand, Three Hundred and Fifty Dollars ($1,350) per unit to be paid by the Developer at the time of issuance of a Building Permit for Multiple Family 10 Page 18 of 90

19 REVISED DRAFT PONDEROSA / PINCUSHION MASTER DEVELOPMENT AGREEMENT April 7, 2010 Residential units or as a condition of the Subdivision Approval of Single Family Residential lots The Developer covenants and agrees that the obligation in section 14.1 becomes transferable to new owners if the Developer sells the entirety of the Lands The Developer covenants and agrees that it will make a cash contribution in the amount of $250 per unit for the purchase of firefighting equipment and storage thereof. The total amount of this contribution shall be payable prior to construction of any building higher than four (4) storeys STREETSCAPE & LANDSCAPE IMPROVEMENTS 15.1 Prior to the issuance of a building permit for any building on the Lands, or any portion of the lands being developed the Developer covenants and agrees to, (a) provide an engineering plan for all streetscape and landscaping improvements to the reasonable satisfaction of the District; and (b) enter into a construction agreement with the District, in the District's standard form, respecting the construction of all streetscape and landscaping improvements on the portion of the Lands being developed SITE SERVICING & INFRASTRUCTURE 16.1 The Developer acknowledges that previous District infrastructure plans did not anticipate the amount and density of development being proposed on the Lands. As such, the District shall commission an Infrastructure Review at the sole cost of the developer to determine whether the District s existing infrastructure can, along with other requirements, accommodate all the proposed density in the Development. The Developer covenants and agrees that if the Infrastructure Review identifies that the existing infrastructure cannot accommodate all the proposed density in the Development, the District may withhold any approvals or permits until the matter can be rectified to the District s satisfaction (including subdivision, building permit, development permit, occupancy permit) for any uses which cannot be adequately serviced by existing infrastructure, notwithstanding the uses and density permitted in the Rezoning Bylaw The parties agree that the Development Cost Charge Bylaw be updated to address any infrastructure shortfalls identified in the Infrastructure review The parties agree that all on-site and off-site services shall be designed and constructed in accordance with the standards and requirements of the District of Peachland Subdivision and Development Servicing Bylaw, as amended from time to time, except for design of Highway 97 and accesses which shall be designed to Ministry of Transportation and Infrastructure standards, as amended from time to time The initial servicing undertaken for the overall property will be constructed at the inception of the project. This includes major trunk lines for water and sewer, drainage works, reservoirs and the principle access road to Highway Page 19 of 90

20 REVISED DRAFT PONDEROSA / PINCUSHION MASTER DEVELOPMENT AGREEMENT April 7, DEVELOPMENT AND DEVELOPMENT PHASING 17.1 The Developer covenants that it shall not develop the Lands, or engage in site preparation, cut or damage vegetation on the Lands or subdivide the Lands except in accordance with the terms of this Agreement The Developer covenants to develop and construct the Development in the Phases shown in the Concept Phasing Plan attached to this Agreement as Schedule "D", such that all Development Phases are substantially completed on or before the expiry of the Term subject to the market absorption rate of product sales. For certainty, the Developer is not obliged to develop and construct the Phases in the numerical sequence shown on the Concept Phasing Plan, however, the Developer must ensure that at least twenty (20%) percent of the Village Centre site shown on the Concept Phasing Plan is substantially completed by or before substantial completion of each Phase accumulatively For the purpose of this Agreement, "substantially completed" or "substantial completion" means that all requisite occupancy permits for all construction that is to occur within a Development Phase have been issued by the authority having jurisdiction, and that with respect to that Development Phase, the Developer has completed and fulfilled all of the Developer's obligations under this Agreement with respect to subdivision, servicing of that Development Phase, the transfer or dedication of lands to the District of Peachland, the provision of amenities, enhancement of the surface of the Lands and landscaping of the Lands, all to the satisfaction of the District of Peachland Except as expressly provided in this Agreement, nothing in this Agreement shall relieve the Developer from any obligation or requirement arising under any applicable statute, bylaws or regulation in respect of the subdivision and development of the Lands, and without limiting the generality of the forgoing, the Developer shall remain fully responsible to ensure that the development of the Lands is in full compliance with all requirements of the bylaws of the Regional District respecting land development, zoning, subdivision and building construction The parties acknowledge that the Approving Officer is an independent statutory officer, and that nothing in this Agreement shall be interpreted as prejudicing or affecting the duties and powers of the Approving Officer in respect of any application to subdivide the Lands Phasing of the development construction is to permit flexibility by permitting works to be undertaken in any order and managed through the approval of Development Permits by the District of Peachland DEVELOPMENT PERMIT 18.1 The Developer acknowledges its obligation to apply for and obtain a development permit in accordance with the obligations under the Official Community Plan, prior to: (a) subdividing the Lands; with the exception of lot-line adjustments; (b) constructing, adding to or altering any building or other structure on the Lands; and, (c) altering the Lands in any way, with the exception of lot-line adjustments. 12 Page 20 of 90

21 REVISED DRAFT PONDEROSA / PINCUSHION MASTER DEVELOPMENT AGREEMENT April 7, Without limiting the generality of section 18.1, the Developer agrees that the District is not obligated to issue a development permit, nor will the Developer seek to compel issuance of a development permit, until it has satisfied the information provision requirements with respect to the portions of the Lands being developed but considering adjacent areas, including but not limited to the provision of: (a) a landscape plan which includes natural areas and areas where new landscaping will be provided; (b) an environmental impact assessment; (c) a plan identifying the general form and character of all buildings and structures, including building materials and colours; (d) an archaeological assessment report, may be required within an area which is suspected of containing any artefacts or remains located on the portions of Lands being developed; (e) a geotechnical and hydro-geological report; (f) a detailed rock fall hazard and landslip analysis; (g) a view analysis providing assurance that the development proposed will be consistent with OCP policies in so far as protecting the natural terrain to the extent possible and to protect the ridgeline viewscapes; (h) a wildfire hazard assessment and remediation plan;, (i) (j) Radon Gas is known to persist in the area. Construction of all buildings and structures shall assure the standards for radon control in the BC Building Code are satisfied; and a grey water management plan In addition to the requirements that may be imposed by the District of Peachland as a condition of the issuance of an environmentally sensitive development permit, watercourse development permit or form and character development permit for each Phase of the Development, the Developer further covenants and agrees that in conjunction with any development permit or subdivision application made for the Lands, or any Development Phase, the Developer shall at its sole cost provide the District of Peachland with a Environmental Impact Assessment Report (a "Detailed EIA") prepared by a Qualified Professional, analyzing and commenting on the activities proposed under the development permit application if the overall EIA lacking in the area of the proposed intervention. The EIA must confirm, to the District of Peachland's sole satisfaction that the proposal for the development of the Land contemplated under the development permit application substantially satisfies the general requirements for environmental protection of the Lands set out in the EIA. Further, the Developer must provide to the District of Peachland's satisfaction security for the Developer's obligation to develop the land in compliance with the approved Detailed EIA, such security to be provided prior to the issuance of any required development permit or any subdivision approval Limitations to blasting may be included in an Earthworks Control Bylaw Without limiting the jurisdiction of the District of Peachland to impose conditions on any proposed development of the Lands or any Development Phase, pursuant to section 920(7) of the Local Government Act, the District of Peachland may require the Developer to take any measures or steps that are reasonably required, in the development of the Lands, in order to fulfill the conditions and recommendations of the EIA, and the Developer agrees to comply with any and all such conditions or undertake restitution in accord with the OCP. 13 Page 21 of 90

22 REVISED DRAFT PONDEROSA / PINCUSHION MASTER DEVELOPMENT AGREEMENT April 7, Sustainable development features in the project development shall be recognized and included in the Development Permit Both parties agree that securities in the form of irrevocable letters of credit will be required at the development permit stage Development Permits shall determine phasing of individual neighbourhoods CONSERVATION AREA IMPROVEMENTS AND MAINTENANCE Riparian Area Enhancements 19.1 The Developer covenants and agrees to provide enhancements and Conservation Areas in accordance with the following provisions of this Agreement Prior to any development or subdivision of a Development Phase, (for certainty, prior to the issuance of a development permit authorizing the subdivision or development of the first Phase to be developed), the Developer must provide the District of Peachland with a detailed riparian improvement plan for the Conservation Areas, prepared by a Qualified Professional, together with a detailed planting list and schedule of quantities and prices for the work certified by the Qualified Professional. The Developer agrees to provide temporary protection in construction areas as required and which must be in a sufficiently detailed form to obtain all necessary regulatory approvals of the proposed riparian enhancement work, including but not limited to: (a) an environmentally sensitive area development permit, watercourse development permit or form and character development permit from the District of Peachland; (b) any necessary permits and approvals from the Ministry of Environment (British Columbia) ("MOE"), or Fisheries and Oceans Canada ("DFO") The detailed riparian improvement plan must be to the satisfaction of the District of Peachland, and must be accompanied by security concurrent with the implementation of the phase of development adjacent to the riparian area in the form of an irrevocable letter of credit, in a form satisfactory to the District of Peachland, and in the amount of one hundred, twenty (120%) percent of the estimated cost of completing the riparian improvement work, as certified by the Qualified Professional Upon the issuance of a development permit authorizing the phased riparian improvement work for any particular Development Permit, and upon the receipt of all necessary permits or approvals from MOE and DFO, the Developer shall undertake the riparian improvement work and shall complete that work to the District of Peachland's satisfaction within twelve (12) months of all the said permits and approvals being issued. The Developer shall complete the riparian improvement work at its sole cost, and in full compliance with the terms and conditions of all such permits and approvals. In the event the Developer fails to complete the riparian improvement work within the time required under this section 19.4, the District of Peachland may draw upon the letter of credit provided under section 19.3 and may complete that work at the Developer's sole cost. Provided that in the event the Developer has with all due diligence 14 Page 22 of 90

23 REVISED DRAFT PONDEROSA / PINCUSHION MASTER DEVELOPMENT AGREEMENT April 7, 2010 pursued the completion of the riparian improvement work throughout the said twelve (12) month period and is prevented from completing that work within the time required due to an event of Force Majeure, the Developer may request that the District of Peachland consent to an extension of time of up to six (6) months for completion of that work, such consent not to be unreasonably withheld. Ongoing Maintenance of Conservations Areas 19.5 The Developer agrees to provide its approval, as the owner of the Lands, to the establishment of a District of Peachland Service bylaw for the purpose of maintaining the Conservation Areas (and the riparian area improvements that are contemplated herein) 20.0 SERVICING FOR THE DEVELOPMENT 20.1 The Developer confirms and agrees that the District of Peachland is not legally obliged, to upgrade any or all of the following services to the Lands: (a) Water; (b) Sanitary sewer (collection and treatment); (c) Stormwater Management; (d) Fire protection; (e) Roads; (f) Public or private parkland improvements or upgrades; and (g) Shallow utilities (natural gas, hydro, telephone, cable The Developer therefore covenants that it shall not construct any buildings, improvements or structures on the Lands (except for the improvements and enhancements required under section 19 of this Agreement, and except for structures such as roads, pipes, mains, pumps, and all related facilities and equipment as may be necessary to provide water, sanitary sewer and fire suppression services to the Lands in accordance with an EIA, an Environmentally Sensitive Development Permit, a Watercourse Development Permit or a Form and Character Development Permit until the conditions outlined in this section 20 are fulfilled for each subdivided lot in accordance with an approved Phasing strategy. Water Availability 20.3 The Developer covenants and agrees to fund a review by the District of Peachland within the first 6 months, in order to determine the long-term availability of water to service not only the Lands, but all potential growth as outlined in the District s Official Community Plan and Water Master Plan. The Developer has available all cost recovery mechanisms for excess or extended services. The District s consultant is to provide an estimate of fees prior to commencing the review The Developer covenants and agrees that a separate source of water to irrigate the proposed golf course may be required, which shall be constructed at the sole cost of the Developer. The water license of Camp Hewitt Springs, and other aquifer resources may assist in irrigation water supply. The District s water may be provided based on availability. Further, the District will 15 Page 23 of 90

24 REVISED DRAFT PONDEROSA / PINCUSHION MASTER DEVELOPMENT AGREEMENT April 7, 2010 provide water for golf course irrigation at a discount of 10% on the condition that irrigation would take place during off-peak hours (i.e. night time watering only). Water Service 20.5 The Developer covenants and agrees to provide water service to the Lands in accordance with the following provisions: (a) The Developer must at its sole cost construct all on-site services and off-site services necessary for the supply of water to the Development by District of Peachland, and the distribution of water within the Development; (b) The District of Peachland requires the Developer to provide excess and extended latecomer s services as required in the Local Government Act. The Developer has available any entitlement to latecomer fees, or any other form of compensation, recovery or reimbursement in respect of a use or development existing or permitted under the District of Peachland's land use bylaws as of the date of this Agreement. (c) The District agrees to provide available information assistance that may assist the Developer to access water to irrigate proposed golf course Fire Protection Services 20.6 The Developer covenants to construct all structures to the standards of the BCBC and provide to the District a per unit contribution of Two Hundred and Fifty ($250) per residential unit at the time of occupancy permit for Multiple Residential housing and at subdivision approval for Single Detached housing to a Fire Protection Reserve Fund. Sanitary Sewer Collection and Treatment Services 20.7 The parties agree that sanitary sewer collection and treatment services for the Development shall be provided in accordance with the following provisions: (a) (b) (c) the Developer must at its sole cost construct all on-site services and off-site services necessary for the collection of sanitary sewage from the Development alternative treatment systems in support of sustainability will be considered, but they must be in keeping with the Liquid and Waste Management Plans of the District of Peachland and the Regional District of Central Okanagan; Latecomer agreements may be provided in accordance with the Local Government Act. The Developer has available any entitlement to latecomer fees, or any other form of compensation, recovery or reimbursement in respect of a use or development existing or permitted under the District of Peachland's land use bylaws as of the date of this Agreement; within two (2) years of entering into this agreement the Developer agrees to fund, at its costs, a comprehensive review the District to determine the long-term capacity of the 16 Page 24 of 90

25 REVISED DRAFT PONDEROSA / PINCUSHION MASTER DEVELOPMENT AGREEMENT April 7, 2010 Lake Okanagan forcemain, and assess the impact of this Development on said forcemain; and Roads (d) the Developer covenants and agrees to pay all costs, including applicable Development Cost Charges, with respect to the Regional District of Central Okanagan Regional Wastewater Treatment Plant The Developer covenants and agrees to provide road service to the Lands in accordance with the following provisions: (a) (b) the Developer covenants and agrees to fund at its sole cost a Traffic Impact Study, based on terms of reference established by the District of Peachland and Ministry of Transportation and Infrastructure, in order to determine the impacts of the Development on District and Highway transportation infrastructure; the Developer must at its sole cost construct all on-site services and off-site services necessary to provide road infrastructure and access to the Development as identified as being required as a direct result of the development by the Traffic Impact Study; and (c) the roads shall be sized, and designed and constructed, so as to accommodate the potential development of the lands lying between the boundaries of the District of Peachland and the Lands and in respect of the design and construction of any excess capacity in the said off-site roads. Due to the possibility of excess and extended services a Latecomer Agreement may be provided in accordance with the Local Government Act. The Traffic Impact Study is required to justify the requirements for a Latecomer Agreement pertaining to road infrastructure upgrades. The Developer has available any entitlement to latecomer fees, or any other form of compensation, recovery or reimbursement in respect of a use or development existing or permitted under the District of Peachland's land use bylaws as of the date of this Agreement. Stormwater 20.9 The Developer covenants and agrees to provide stormwater service to the Lands in accordance with the following provisions: (a) the Developer covenants and agrees to fund at its sole cost a detailed Stormwater Management Plan to address the needs of the development, based on terms of reference established by the District of Peachland, in order to determine the upstream catchment areas, downstream impacts, best management practices, slope stability, and on-site and off-site improvements necessary to protect and manage stormwater quality and quantity from the Development site to Lake Okanagan; (b) the Developer covenants and agrees to utilize Low Impact Development (LID) techniques, where possible, to minimize stormwater impacts and mimic the natural drainage pattern; 17 Page 25 of 90

26 REVISED DRAFT PONDEROSA / PINCUSHION MASTER DEVELOPMENT AGREEMENT April 7, 2010 (c) the Developer must at its sole cost construct all on-site services and off-site services necessary to provide stormwater infrastructure for the Development; (d) all stormwater infrastructure shall be sized, and designed and constructed, so as to accommodate the potential development of the lands lying between the boundaries of the District of Peachland and the Lands and in respect of the design and construction of any excess capacity in the said on-site or off-site stormwater works. The Developer has available any entitlement to latecomer fees, or any other form of compensation, recovery or reimbursement in respect of a use or development existing or permitted under the District of Peachland's land use bylaws as of the date of this Agreement; and (e) The possibility of a Latecomer Agreement may be provided in accordance with the Local Government Act for the requirement of stormwater infrastructure SECTION 219 COVENANTS 21.1 The Developer shall execute the Covenant with each phase of development with the intention that the Covenant shall be registered against title to the Lands. In priority over all other charges on Title, pursuant to section 219 of the Land Title Act, in order to secure the Developer's obligations to develop the Lands in accordance with the provisions of this Agreement The Developer covenants and agrees that it will not develop the Lands or portion of the Lands, except in substantial compliance with the new concept plans prepared in accordance with section G of this Agreement The Developer covenants and agrees that it will not develop the Lands or portion of the Lands without provision of a new access to Highway No. 97 built to the specifications and standards required by the Ministry of Transportation and Infrastructure and the District The Developer covenants and agrees that at the Development Permit stage, there shall be assurance that there will be consistency in assessment and implementation/monitoring of professional reports INDEMNITY AND RELEASE 22.1 The Developer shall indemnify and keep indemnified the District of Peachland from any and all claims, causes of action, suits, demands, fines, penalties, costs, deprivation, expenses or legal fees whatsoever, whether based in law or equity, whether known or unknown, which anyone has or may have against the District of Peachland or which the District of Peachland incurs as a result of any loss, damage or injury, including economic loss or deprivation, arising out of or connected with this Agreement, including the restrictions and requirements of this Agreement, or any breach by the Developer of any covenant in this Agreement, except as defined within the Local Government Act. 18 Page 26 of 90

27 REVISED DRAFT PONDEROSA / PINCUSHION MASTER DEVELOPMENT AGREEMENT April 7, The Developer hereby releases, saves harmless and forever discharges the District of Peachland of and from any claims, causes of action, suits, demands, fines, penalties, costs, deprivation, expenses or legal fees whatsoever which the Developer can or may have against the District of Peachland, whether based in law or equity, whether known or unknown, for any loss, damage or injury, including economic loss or deprivation, that the Developer may sustain or suffer arising out of or connected with this Agreement, including the restrictions and requirements of this Agreement, the provisions of the amenities and the development of the Lands as contemplated under this Agreement, or any breach by the Developer of any covenant in this Agreement, except as defined within the Local Government Act The indemnity and release provisions of sections 22.1 and 22.2 shall survive the expiry or termination of this Agreement NO RECOVERY OF AMENITIES 23.1 The Developer covenants and agrees that expiry of the Agreement and any termination in accordance with section 7.0 or otherwise, does not entitle the Developer to recover any portion of the Amenities provided prior to termination, or to seek restitution in relation thereto or in relation to any other obligation of the Developer as performed prior to such termination (and the Developer specifically agrees that the Specified Zoning Bylaw Provisions of this Agreement for the period prior to expiry or termination provides sufficient consideration for the Amenities) and the release and indemnity provisions under sections 22.1 to 22.2 apply in this regard The Developer covenants and agrees it will not commence or advance a legal proceeding of any kind to seek to quash, set aside, hold invalid this Agreement, or the OCP Amendment Bylaw, or the Zoning Amendment Bylaw, or to recover any portion of the Amenities provided under this Agreement, or seek restitution in relation to any of the Amenities provided under this Agreement, and if the Developer does any of the foregoing, the District of Peachland may provide this Agreement to the Court as a full and complete answer Amenity undertakings shall comply with the statutes of the Local Government Act and Community Charter DEVELOPMENT OF LAND FOLLOWING TERMINATION 24.1 Following termination of this Agreement development of the Land shall be governed by the District ASSIGNMENT OF AGREEMENT 25.1 Except as provided in section 24.2, the Developer may only assign this Agreement if the District of Peachland consents in writing to the assignment. To the extent that it may lawfully do so under the provisions of the Local Government Act, the District of Peachland agrees that its consent to an assignment will not be withheld unreasonably The District of Peachland's consent will not be required for any assignment of this Agreement to an affiliate (as defined in the Business Corporations Act (British Columbia)) of the Developer AMENDMENT OF AGREEMENT 19 Page 27 of 90

28 REVISED DRAFT PONDEROSA / PINCUSHION MASTER DEVELOPMENT AGREEMENT April 7, The parties may in writing agree to minor amendments to this Agreement, and for that purpose a "minor amendment" is a change or amendment to any of Schedules "A" through "H" of this Agreement DISPUTE RESOLUTION 27.1 If a dispute arises between the parties in connection with this Agreement, the parties agree to use the following procedure as a condition precedent to any party pursuing other available remedies: (a) either party may notify the other by written notice ("Notice of Dispute") of the existence of a dispute and a desire to resolve the dispute by mediation; (b) (c) a meeting will be held promptly between the parties, attended by individuals with decision-making authority regarding the dispute, to attempt in good faith to negotiate a resolution of the dispute; if, within forty-eight (48) hours after such meeting or such further period as is agreeable to the parties (the "Negotiation Period"), the parties have not succeeded in negotiating a resolution of the dispute, they agree to submit the dispute to mediation and to bear equally the costs of mediation; d) the parties will jointly appoint a mutually acceptable mediator (who must be an expert in the subject matter of the dispute), within forty-eight (48) hours of the conclusion of the Negotiation Period; (e) (f) the parties agree to participate in good faith in the mediation and negotiations related thereto for a period of thirty (30) days following appointment of the mediator or for such longer period as the parties may agree. If the parties are not successful in resolving the dispute through mediation or if the mediation has not commenced within fourteen (14) days following the appointment of the mediator or if the parties cannot agree upon the mediator appointment, then the parties agree that the dispute will be settled by a single arbitrator in accordance with the Commercial Arbitration Act, R.S.B.C. 1996, Chapter 55, as amended. The decision of the arbitrator will be final and binding and will not be subject to appeal on a question of fact, law, or mixed fact and law; and the costs of mediation or arbitration will be awarded by the mediator or arbitrator in his or her absolute discretion In no event shall the foregoing be construed as impeding or affecting the District of Peachland's authority to enforce its zoning and other regulatory bylaws NOTICE 28.1 Any notice permitted or required by this Agreement to be given to either party must be given to that party at the address set out above, or to any other address POWERS PRESERVED 20 Page 28 of 90

29 REVISED DRAFT PONDEROSA / PINCUSHION MASTER DEVELOPMENT AGREEMENT April 7, Except as expressly set out in this Agreement, nothing in this Agreement shall prejudice or affect the rights and powers of the District of Peachland in the exercise of its powers, duties or functions under the Community Charter or the Local Government Act or any of its bylaws, all of which may be fully and effectively exercised in relation to the Lands as if this Agreement had not been executed and delivered to the Developer, subject only to section of the Local Government Act DISTRICT OF PEACHLAND'S REPRESENTATIVE 30.1 Any opinion, decision, act or expression of satisfaction or acceptance of the District of Peachland provided for in this Agreement may be taken or made by the Chief Administrative Officer or his or her designate, unless expressly provided to be taken or made by another official of the District of Peachland PERMITS 31.1 The Developer acknowledges that the District of Peachland may, despite any public law limitations on the withholding of building permits and occupancy permits, withhold building permits and occupancy permits for the purpose of ensuring compliance with and administering the terms of this Agreement CONFLICT 32.1 In the event of a conflict between the terms of this Agreement and the provisions of the District of Peachland Official Community Plan or Zoning Bylaw applicable to the Lands, the Official Community Plan or Zoning Bylaw will prevail, except insofar as section 905.1(5) of the Local Government Act applies to a bylaw adopted after the date of execution of this Agreement by the District of Peachland TIME 33.1 Time is to be the essence of this Agreement BINDING EFFECT 34.1 This Agreement will enure to the benefit of and be binding upon the parties hereto and their respective heirs, administrators, executors, successors, and permitted assignees WAIVER 35.1 The waiver by a party of any failure on the part of the other party to perform in accordance with any of the terms or conditions of this Agreement is not to be construed as a waiver of any future or continuing failure, whether similar or dissimilar LANGUAGE 36.1 Wherever the singular, masculine and neuter are used throughout this Agreement, the same is to be construed as meaning the plural or the feminine or the body corporate or politic as the context so requires CUMULATIVE REMEDIES 21 Page 29 of 90

30 REVISED DRAFT PONDEROSA / PINCUSHION MASTER DEVELOPMENT AGREEMENT April 7, No remedy under this Agreement is to be deemed exclusive but will, where possible, be cumulative with all other remedies at law or in equity LAW APPLICABLE 38.1 This Agreement is to be construed in accordance with and governed by the laws applicable in the Province of British Columbia RELATIONSHIP OF PARTIES 39.1 No provision of this Agreement shall be construed to create a partnership or joint venture relationship, an employer-employee relationship, a landlord-tenant, or a principal-agent relationship AMENDMENT 40.1 This Agreement may not be modified or amended except by the written agreement of the parties INTEGRATION 41.1 This Agreement contains the entire agreement and understanding of the parties with respect to the matters contemplated by this Agreement and supersedes all prior and contemporaneous agreements between them with respect to such matters SURVIVAL 42.1 All representations and warranties set forth in this Agreement and all provisions of this Agreement, the full performance of which is not required prior to a termination of this Agreement, shall survive any such termination and be fully enforceable thereafter NOTICE OF VIOLATIONS 43.1 Each party shall promptly notify the other party of any matter which is likely to continue or give rise to a violation of its obligations under this Agreement ENTIRE AGREEMENT 44.1 The whole agreement between the parties is set forth in this document and no representations, warranties or conditions, express or implied, have been made other than those expressed SEVERABILITY 45.1 Each article of this Agreement shall be severable. If any provision of this Agreement is held to be illegal or invalid by a Court of competent jurisdiction, the provision may be severed and the illegality or invalidity shall not affect the validity of the remainder of this Agreement COUNTERPART 46.1 This Agreement may be executed in counterpart with the same effect as if both parties had signed the same document. Each counterpart shall be deemed to be an original. All counterparts shall be construed together and shall constitute one and the same Agreement. 22 Page 30 of 90

31 REVISED DRAFT PONDEROSA / PINCUSHION MASTER DEVELOPMENT AGREEMENT April 7, 2010 IN WITNESS WHEREOF the parties hereto have set their hands and seals as of the day and year first above written. THE DISTRICT OF PEACHLAND by its authorized signatories: Mayor ) ) ) ) Corporate Administrator BC LTD. by its authorized signatories: Name: Name: ) ) ) ) ) 23 Page 31 of 90

32 Page 32 of 90

33 THE CORPORATION OF THE DISTRICT OF PEACHLAND BYLAW NUMBER 1944, 2010 A Bylaw to Amend the Official Community Plan, Bylaw Number 1600, 2000 WHEREAS the Council of the Corporation of the District of Peachland has adopted the Official Community Plan Bylaw; AND WHEREAS it is deemed necessary to amend the Official Community Plan Bylaw; NOW THEREFORE, the Council of the Corporation of the District of Peachland, in open meeting enacts the District of Peachland Official Community Plan, Bylaw Number 1600, 2000 be amended as follows: 1. THAT Appendix C Pincushion Area Sector Plan be amended as follows: (a) Section 1.0 Executive Summary be amended by deleting the following paragraph in its entirety: Provide land for a community park suitable for a public swimming pool and adjoining green- space and construct the public pool as an amenity provided by the development. Replace it with the following sentence: Provide land for park or cash-in-lieu plus a per unit contribution for general amenities (b) Delete the following paragraph in its entirety from sub-section 2.3- What The Plan Can Do For Peachland of Section 2.0 Introduction: Community recreation will also be enhanced with the development providing a public swimming pool facility, an integrated walking trail network and local neighbourhood parks and plazas. And replace it with the following paragraph: Community recreation will also be enhanced with the development providing an integrated walking trail network and local neighbourhood parks and plazas. (c) Delete the following paragraph in its entirety from sub-section 7.8 Anticipated Future Land Use Designations of Section 7.0 Land Use Strategy: Community Pool/Park Community-wide recreation facilities in the form of a public park and swimming pool are proposed adjacent to the concentration of population within the urban Village. And replace it with the following paragraph : Community Park Community-wide recreation facilities in the form of public parks are proposed adjacent to the concentration of population within the urban Village. (d) Delete the words swimming pool, and from the second paragraph of sub-section 11.1 Background of Section 11.0 Parks, Trails and Natural Areas Page 33 of 90

34 Bylaw No Page 2 Agenda Item # 2a) (e) Delete paragraph of sub section 11.4 Park Policies, of Section Parks, Trails and Natural Areas and replace it with the following new paragraph : Provide the community with park or cash-in-lieu (f) Delete paragraph of sub section 11.4 Park Policies, of Section Parks, Trails and Natural Areas and replace it with the following new paragraph : Provide a Community Amenity Contribution fund generated through the build-out of the ASP (g) Delete paragraph in sub section 17.2 Required Studies and Reports of Section 17.0 Implementation Elements and replace it with the following new paragraph: Council will not adopt any zoning bylaws to implement the plan until appropriate studies or reports are undertaken and provided so that they may be phased into individual development permit applications 2. This Bylaw may be cited as The Official Community Plan Bylaw Amendment Bylaw No. 1944, 2010 This Bylaw shall take effect upon its adoption by Council of the Corporation of The District of Peachland. READ A FIRST TIME, this 13 th day of April, READ A SECOND TIME, this 13 th day of April, READ A THIRD TIME, this day of, FINALLY RECONSIDERED AND ADOPTED, this day of, Mayor Corporate Officer Dated at Peachland, B.C. This day of, Page 34 of 90

35 THE CORPORATION OF THE DISTRICT OF PEACHLAND BYLAW NUMBER 1924, 2010 A Bylaw to Amend Zoning Bylaw Number 1375, 1996 WHEREAS the Council of the Corporation of the District of Peachland has adopted Zoning Bylaw Number 1375, 1996; AND WHEREAS it is deemed necessary to amend Zoning Bylaw Number 1375, 1996; AND WHEREAS application has been made to create a comprehensive development CD-8 zone on: PID: Block 34, District Lot 490, ODYD, Plan125 PID: Block 35, District Lot 490, ODYD, Plan125 PID: , Block 38, District Lot 490, ODYD, Plan125 except Plan H750 District Lot 902, ODYD except Plans B5979, 26312, 35106, and H783 PID: , Lot 1, District Lots 220, 902 and 2897, ODYD, Plan PID: District Lot 1800, ODYD except South 10 Chains, and Plans 20595, 21887, 24539, and KAP58324 Parts of District Lots 1000 and 2897, and Crown Land designated as DL 5351 ODYD and 5352 ODYD PID: , DL 5351 ODYD PID: , DL ODYD PID: , Block C of DL. 2897, 5351, and 5352 ODYD, AND WHEREAS the area of Comprehensive Development CD-8 Zone extends beyond the legal boundaries of the District of Peachland, and The District of Peachland is in the process of annexing this area. NOTWITHSTANDING the fact that the District of Peachland has no authority to control the development of this area, the District is assuming that the subject area is likely to be included in its municipal boundaries, and AND WHEREAS this area is an essential part of the development of adjacent property, it is being zoned as per policies contained in the Ponderosa Pincushion Ridge Area Sector Plan that forms a part of the District of Peachland Official Community Plan adopted under District of Peachland Official Community Plan Amendment Bylaw No. 1891, AND WHEREAS that for any reason the subject area is not incorporated into the legal boundaries of the District of Peachland, this Bylaw shall not apply to that area. NOW THEREFORE, the Council of the Corporation of the District of Peachland, in Open Meeting enacts as follows: 1. THAT the District of Peachland Zoning Bylaw No. 1375, 1996 is amended by: a) inserting a new Comprehensive Development Zone, Ponderosa Community labelled as Part 20-8, CD-8 as per Schedule 1 attached to and forming part of this bylaw; Page 35 of 90

36 Bylaw No Agenda Item # 2a) b) inserting the title CD-8 (Comprehensive Development [Ponderosa Community]) zone Part 20-8 to the Table of Contents following CD-6a Part This Bylaw may be cited as Zoning Bylaw No Amendment Bylaw Number 1924, This Bylaw shall take effect upon its adoption by the Council of the Corporation of The District of Peachland. READ A FIRST TIME this 13th day of April, READ A SECOND TIME this 13th day of April, PUBLIC HEARING held this day of, READ A THIRD TIME this day of, RECEIVED APPROVAL OF THE MINISTRY OF TRANSPORTATION AND INFRASTRUCTURE, this day of, FINALLY RECONSIDERED AND ADOPTED this day of, Mayor Corporate Officer Dated at Peachland, B.C. This day of, 2010 Page 36 of 90

37 Bylaw No Agenda Item # 2a) Schedule 1 Comprehensive Development Zone Ponderosa Community Part 20-8 CD-8 A. Intent This zone is intended to accommodate and regulate the development of a mixed- use master planned community comprised of approximately 2100 units, a community golf course and a winery. The zone has been divided into 6 Development Areas numbered 1 to 6 as shown on attached Appendix-1. Except otherwise provided, all regulations in this Section apply to land within the 6 (six) Development Areas noted below: Development Area #1 **(DA-1) titled Village Centre containing a mix of commercial uses and a maximum of 1050* residential units. Development Area #2 ** (DA-2) titled Vineyard/Winery containing a mix of winery/vineyard uses and a maximum of 70* residential units. Development Area #3 **(DA-3) titled Alpine containing a maximum of 120* residential units. Development Area# 4 **(DA-4) titled Multiple Family containing a maximum of 700* residential units. Development Area #5** (DA-5) titled Single Family containing a maximum of 100* residential units. Development Area #6** (DA-6) titled Golf/Tennis containing a golf course/tennis courts and containing a maximum of 60* residential units. * Absolute density within each Development Area may vary with maximum total development of 2100 residential units (un-bonused for affordable housing) ** Parts of a Development Area may be developed in Phases under separate Development Permits. B. Definitions Cidery Cluster Housing Commercial Use Premises used for the production of beverages from orchard products. Comprehensively planned clusters of single family and duplex housing, in a strata format with urban services, in order to preserve topography, natural features, open space or environmentally sensitive features. An occupation, employment or enterprise that is carried on for gain or monetary profit by any person. Page 37 of 90

38 Bylaw No Agenda Item # 2a) Commercial School Density Bonus Emergency and Protective Services Health Services Libraries, Museums & Art Galleries Winery A development used for training, instruction and certification in a certain skill, trade or service for the financial gain of the individual or company owning the school. Typical uses include, but are not limited to secretarial, business, hairdressing, beauty culture, dancing or music schools. A density bonus of 1 residential unit is earned by the provision of 1 Affordable Residential Unit in accord with the Master Development Agreement (MDA). A public facility used by fire protection, police, ambulance or other such services as a base for operations. A development used for the provision of physical or mental health services on an out-patient basis. Services may be of a preventative, diagnostic, therapeutic, rehabilitative or counselling nature. Typical uses include, but are not limited to medical and dental offices, chiropractors, message therapists and acupuncturist clinics, health clinics, and counselling services. A development for the collection of literary, artistic, musical, and similar reference materials in the form of books, manuscripts, recordings and films for public use, or a development for the collection, preservation, and public exhibition of works or objects of historical, scientific, or artistic value. A winery licensed under the Liquor Control and Licensing Act. Page 38 of 90

39 Bylaw No Agenda Item # 2a) C. Permitted Uses The following uses and no other uses shall be permitted within the CD-7 zone, including the Development Areas DA-1, DA-2, DA-3, DA- 4, DA-5, and DA-6: ZONE / DEVELOPMENT AREA CD-7 Zone DA-1 DA-2 DA-3 DA-4 DA-5 DA-6 USE Single Family Residential Duplex Cluster Housing Townhouse Residential Multiple Family Residential- Medium Density Multiple Family Residential- High Density Bed and Breakfast Open Space Home Occupation Accessory Uses Child Care Centre Commercial School Tourist Accommodation Restaurant Coffee Shop Entertainment Uses Convenience Store Winery / Cidery General Service Use Libraries, Museums and Art Galleries Neighbourhood Pub Commercial Use Emergency & Protective Services Personal Services Retail Store Health Services Parking Facility Golf Course Recreational Facilities Accessory Buildings & Structures Page 39 of 90

40 Bylaw No Agenda Item # 2a) D. Use Specific Regulations D-1 Single Family Residential Use shall meet following Conditions: D-1-1: Maximum Density, Site Coverage, and Height: Maximum Density Maximum Lot Coverage Maximum Site Lot for Accessory Buildings Maximum Height of Principal Building* Maximum Height of Accessory Building or Structure or detached garage 11 units per hectare 40% and together with driveways and parking areas shall be 50% 3% which shall form part of the maximum lot coverage of the entire lot. 9.5m or 2 1/2 stories whichever is less. 4.5m * Where the height of any building face exceeds 9.0m. measured from the bottom of the roof truss to the average level of the finished grade adjoining the exterior wall, a minimum two-thirds or more of the building face above 8.2m shall be stepped back so as to be contained within an envelope created by extending the building face that is below 8.2m, upwards to 8.2m and then in towards the building at 45 to the horizontal. This provision shall not apply to eaves, decks or the pitched roof portion of either gable ends or dormers. D-1-2: Minimum Setback Requirements: Buildings and Structures Front Lot Line Side Lot Line Flanking Street Rear Lot Line Principle Building for a portion less than 1½ storeys Principle Building for a portion less than 2 ½ storeys Accessory Building or Structure 3.5m 1.2m 4.5m 6.0m 3.5m 1.5m 4.5m 7.5m 3.5m 1.0m 4.5m 1.5m The minimum setback for a street for a garage or carport with vehicular entry from the front shall be 6.0m measured from the back of the curb with no sidewalk present or the back of the sidewalk. In an area where access is required through, and is limited to, a lane, the yard abutting the lane may be considered the front yard. Walkout basements are not exempt from the height regulations of this use. D-1-3: Minimum Subdivision Requirements: Page 40 of 90

41 Bylaw No Agenda Item # 2a) Lot Type Minimum Lot Area Minimum Lot Width All Lots 0.04 ha 30% of lot depth D-2 Duplex Residential Use shall meet following Conditions: D-2-1: Maximum Density, Site Coverage, and Height: Maximum Density Maximum Lot Coverage Maximum Lot Coverage for Accessory Buildings Maximum Height of Principal Building* Maximum Height of Accessory Building or Structure or Detached Garage 20 units per hectare 40% and together with driveways and parking areas shall be 50% 3% which shall form part of the maximum lot coverage of the entire lot. 9.5m or 2 1/2 stories whichever is less. 4.5m * Where the height of any building face exceeds 9.0m. measured from the bottom of the roof truss to the average level of the finished grade adjoining the exterior wall, a minimum two-thirds or more of the building face above 8.2m shall be stepped back so as to be contained within an envelope created by extending the building face that is below 8.2m, upwards to 8.2m and then in towards the building at 45 to the horizontal. This provision shall not apply to eaves, decks or the pitched roof portion of either gable ends or dormers. D-2-2: Minimum Setback Requirements: Buildings and Structures Front Lot Line Side Lot Line Flanking Street Rear Lot Line Principal Building for a Portion up to 1 ½ Storeys Principal Building for a Portion up to 2½ Storeys 3. 5m 1.2m 4.5m 6.0m 3. 5m 1.2m 4.5m 7.5m Garage Measured from the Back of Curb or Sidewalk 6.0m with vehicular entry to the front 1.2m 4.5m 1.5m Accessory Building or Structure 3.0m 1.2m 4.5m 1.5m Page 41 of 90

42 Bylaw No Agenda Item # 2a) D-2-3: Minimum Subdivision Requirements: Lot Type Minimum Lot Area Minimum Lot Width Regular 0.05 ha 18m Corner ha 20m D-3 Cluster Housing Residential Use shall meet following Conditions: D-3-1: Maximum Density, Site Coverage, and Height: Maximum Density Maximum Lot Coverage Maximum Lot Coverage for Accessory Buildings Maximum Height of Principal Building* Maximum Height of Accessory Building or Structure or Detached Garage 20 units per hectare 35%and together with driveways and parking areas shall be 45% 3% which shall form part of the maximum lot coverage of the entire lot. 9.5m or 2 1/2 stories whichever is less. 4.5m D-3-2:Minimum Setback Requirements: Buildings and Structures Front Lot Line Side Lot Line Flanking Street Rear Lot Line Principal Building 3.0m 1.2m 3.0m 6.0m Garage measured from the Back of Curb or Sidewalk 6.0m with vehicular entry to the front 1.2m 6.0m with vehicular entry to the front 6.0m Accessory Building or Structure 3.0m 1.2m 3.0m 6.0m Where the lot width exceeds the lot depth, the minimum rear yard shall be 4.5m. D-4 Townhouse Residential Use shall meet following Conditions: D-4-1 Maximum Density, Site Coverage, and Height: Maximum Density 35 units per hectare Maximum Floor Area Ratio 0.7, where screened parking areas are provided totally under habitable or common amenity areas, the total floor area ratio may be increased by 0.1 times the ratio of such parking spaces to the total required up to a maximum of 0.1 Maximum Site Coverage 60% and together with driveways and parking Page 42 of 90

43 Bylaw No Agenda Item # 2a) Maximum Height of Principal Building* Maximum Height of Accessory Building or Structure or detached garage areas shall be 70% 12m or 3 storeys whichever is less. The maximum height of any vertical wall element facing a front, side or rear yard including walkout basements shall be the lesser of 6.5m or 2 stories above which the building must be stepped back at least 1.2m. 4.5m or one storey, whichever is less. D-4-2:Minimum Setback Requirements: Buildings and Structures Front Lot Line Side Lot Line Rear Lot Line Principal Building up to 1 ½ storeys 3.0m 3.0m 6.0m Principle Building up to 2 ½ Storeys Garage Measured from the Back of Curb or Sidewalk Accessory Building or Structure 3.0m 3.0m 6.0m 6.0m 3.0m 1.5m 3.0m 3.0m 1.5m Where there is no direct access to the rear yard or to an attached garage or carport, one side yard shall be at least 3.0m.shall be 4.5m. D-4-3:Minimum Setback Requirements between Accessory Buildings and Structures: Accessory buildings and structures shall be sited a minimum of 3.0m from the principle building or structure; and to the rear of the front building face of a principle building. D-4-4: Private Open Space: A minimum area of 15m 2 of private open space shall be provided for every townhouse residential use. This open space may be placed on an accessible rooftop. D-5 Multiple Family Residential- Medium Density Use shall meet following Conditions: D-5-1: Maximum Density, Floor Area Ratio, Site Coverage, and Height: Maximum Density 120 units per hectare Maximum Floor Area Ratio 1.5 Maximum Site Coverage 60% and together with buildings, driveways and parking areas shall be 70% Page 43 of 90

44 Bylaw No Agenda Item # 2a) Maximum Height of Principal Building 18m or 6 storeys, whichever is less meters or 4 stories, except that accessory buildings & structures shall have a maximum height of 4.5m**. * The Maximum Floor Area Ratio may be increased to 3.5 where 25% of the increased Floor Area Ratio is to be used for special needs or affordable housing. ** Building height above 4 stories to a maximum of 6 stories or 18m may be considered under a development permit subject to but not limited to following conditions: i.availability of public life safety facilities and services; ii.acceptable form of character design, including maintenance of an attractive hillside aesthetic; and iii.incorporation of sustainable development features into the development. iv. Minimum of 5% affordable housing component D-5-2:Minimum Setback Requirements: Buildings and Structures Front Lot Line Side Lot Line Flanking Street Rear Lot Line All Uses for a Portion of Buildings Under 3storeys All Uses for a Portion of Buildings Greater than 3Storeys Accessory Building or Structure 4.5m 4.5m 4.5m 6.0m, except that it may be reduced to 4.5m where there is a rear lane. 6.0m 4.5m 6.0m 6.0m, except that it may be reduced to 4.5m where there is a rear lane. 6.0m 4.5m 6.0m 1.5m D-6 Multiple Family Residential- High Density Use shall meet following Conditions: D-6-1: Maximum Density, Floor Area Ratio, Site Coverage, and Height: Maximum Density 200 units per hectare Maximum Floor Area Ratio 2.5 * Maximum Site Coverage 75% together with accessory structures, driveways and parking areas. Maximum Height of Principal 15.0 meters or 4 stories, except that Building accessory buildings & structures shall have a maximum height of 4.5m**. * The Maximum Floor Area Ratio may be increased to 3.5 where 25% of the increased Floor Area Ratio is to be used for special needs or affordable housing. ** Building height above 4 stories to a maximum of 6 stories or 30m may be considered Under a development permit subject to but not limited to following conditions: i.availability of public life safety facilities and services;.acceptable form of character design, including maintenance of an attractive hillside aesthetic; and iii.incorporation of sustainable development features into the development. Page 44 of 90

45 Bylaw No Agenda Item # 2a) iv. Minimum of 5% affordable housing component D-6-2:Minimum Setback Requirements: Buildings and Structures Front Lot Line Side Lot Line Flanking Street Rear Lot Line All Uses 6.0m 4.5m 6.0m 6.0m Accessory Buildings & Structures 6.0m 4.5m 6.0m 6.0m D-7 Golf Course/Recreational Facilities/Open Space: This use includes golf recreation and related uses including clubhouse, pro-shop, restaurant, lounge, management facilities, member s facilities, guest registration and support services, cart storage and maintenance including cart hauling and washing, tennis facility and training centre and ice skating facility. D-7-1: Lot Coverage: The maximum lot coverage shall be 5%. D-7-2: Height: The maximum height of any building or structure shall be 12.0m excluding landmarke projections to a maximum height of12.0m. D-7-3: Setbacks: Buildings and structures shall be sited not less than 4.5m from all lot lines. D-8 Commercial Uses: Following conditions shall apply to all commercial uses: D-8-1: Conditions of Use: Commercial uses are permitted within Development Area #1 (DA-1) titled Village Centre. Commercial uses within Mixed Commercial/Residential structures shall be located on lower floors and store front retail at grade level. D-8-2: Maximum Density, Floor Area Ratio, Site Coverage, and Height: Maximum Floor Area for Non-tourist 5,000m 2 accommodation commercial use Maximum Tourist Accommodation 200 units * Maximum Site Coverage 90% together with accessory structures, driveways and parking areas. Maximum Height of Buildings for 9.0m 2 stories Commercial Use Maximum Height of Buildings for Mixed **15.0m or 4 stories Use Page 45 of 90

46 Bylaw No Agenda Item # 2a) *Tourist accommodation is assessed at 0.5 the density of a residential unit. * The Maximum Floor Area Ratio may be increased to 3.5 where 25% of the increased Floor Area Ratio is to be used for special needs or affordable housing. ** Building height above 4 stories to a maximum of 6 stories or 30m may be considered under a development permit subject to but not limited to following conditions: i.availability of public life safety facilities and services;.acceptable form of character design, including maintenance of an attractive hillside aesthetic; and iii.incorporation of sustainable development features into the development. iv. Minimum of 5% affordable housing component D-8-3: Minimum Setback: Minimum setback for a commercial use shall be 0.0m. Residential components of Mixed Use buildings shall meet the standards set out for residential uses in Section D of this Bylaw. E- General Regulations The following conditions shall apply to all uses permitted in this Bylaw: E-1 Parking: Notwithstanding regulations contained in Part 5 of Zoning Bylaw No. 1375, the minimum number of off-street parking spaces to be provided shall be: 1) 2 spaces for every One Unit Residential Use; 2) 2 spaces for every Townhouse Residential Use; 3) 4 spaces for every Semi-Detached Residential Use; 4) 1.0 spaces for each Medium or High Density Multiple Family Residential Use 1 bedroom dwelling unit; 5) 1.25 spaces for each Medium or High Density Multiple Family Residential Use 2 bedroom dwelling unit; and 6) 1.5 spaces for each Medium or High Density Multiple Family Residential Use 3 or more bedroom dwelling unit 7) Residential parking within the Village Centre Precinct #1 can be reduced to 75% of the standards rounded up to the next full stall unit. E-2; Landscaping and Screening: Perimeter landscaping shall be provided as follows: 1) One tree shall be planted for every 11.0m or portion of a front and rear lot line; 2) Trees shall be a minimum calliper of 6.0cm and shall be spaced from 9.0m to 13.0m along the front lot line; 3) Trees shall be sited in a continuous landscaping strip (except driveways and walkways that has a minimum width of 3.0m along front and rear lot lines and shall be protected with curb; Page 46 of 90

47 Bylaw No Agenda Item # 2a) 4) Despite subsection c) above, the width of a section of the landscaping strip along the rear lot line may be reduced to 1.5m provided that the length of the section does not exceed 50.0m. E-2: Setbacks: Notwithstanding the previous setback requirements, all buildings and structures must be a minimum of 4.5m from any lot line that abuts the outside perimeter of the CD-7 zone. E-3: Sustainable Development Features: The!"# " $%&# '' '( The following sustainable development features are incorporated into this CD-7 zone: A Leed Certified Professional will participate on all design teams to ensure that the Green Building standards will be applied where practical and energy, water, liquid and solid waste conservation alternatives will be considered whenever possible. Green Building Standards Commit to Green Building Standards where practical Energy Conservation Consider passive solar design, natural ventilation and day-lighting through site and building design Light pollution to be reduced wherever possible Consider heat recovery systems (HRV) where appropriate Water Conservation Employ Green Building Strategies Best efforts to have water efficient landscaping Green Roofs & Terraces Consider green roofs where practical Creek Side Green Infrastructure Employ low impact development standards Alternative Energy sources & Energy Conservation Consider ground source heating and cooling for all building where practical Consider passive measures for cooling Consider solar and wind power if feasible Consider more energy efficient steetlighting Integrated Stormwater Management Stormwater runoff to be managed on a lot, a neighbourhoods and a watershed level Protect streams, and where possible enhance streams where practical Solid Waste Management Strategy Provide recycling facilities for simplified separation and collection of recyclable materials Consider recycling site generate organics from construction activities where practical Re-use site generated rock where practical Re-use excess structural fill in close proximity to the development site where practical. E-4: Short Term Vacation Rentals of Residential Properties: Page 47 of 90

48 Bylaw No Agenda Item # 2a) The minimum tenancy period for all residential uses is one month. F- Development Permit Requirements F-1: Environmental Development Permit Regulations: Environmentally Sensitive Development Permits shall be required for settlement uses within 30m of the wildland interface boundary as shown on Map 1 F-2: Multiple Family Development Permit: All multiple unit residential development of more than 4 housing units shall require a form and character development permit. F-3: Hillside Road Standards: Hillside road standards shall conform to the Subdivision and Development Servicing Bylaw as amended from time to time and the Official Community Plan as amended from time to time. F-4: Steep slope Development Permit Standards: Land use and hillside development shall conform to the Subdivision and Development Servicing Bylaw as amended from time to time. F-5: Urban Wildfire Development Permit: Land use development shall conform to the Urban Wildfire Development Permit Standards as required within the OCP. F-6: Phasing by Development Permits: Phasing as described by the Master Development Agreement refers to development permits as defined by preceding sections F-1 to F-5. G-:Appendix 1 CD Zone Map 1 Property Identification Map2 Page 48 of 90

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