1. OPEN PUBLIC HEARING & INTRODUCTION OF BYLAW

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1 DISTRICT OF PEACHLAND PUBLIC HEARING MEETING AGENDA Council Chambers Community Centre th Street Peachland Tuesday, October 22, 2013 at 6:00 P.M. 1. OPEN PUBLIC HEARING & INTRODUCTION OF BYLAW a) Public Hearing Procedure 3 Page 2. PRESENTATIONS BY STAFF a) Zoning Amendment Bylaw No. 2040, 2013, 5126 McKinnon Road- Tabletop Mountain Resort REPRESENTATION FROM APPLICANT 4. REPRESENTATION FROM THE PUBLIC 5. CLOSE (or ADJOURN) PUBLIC HEARINGS Polly Palmer Corporate Officer October 18, 2013 Page 1 of 28

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3 AGENDA ITEM # 1. THE CORPORATION OF THE DISTRICT OF PEACHLAND Public Hearing Procedure: The Mayor calls the Public Hearing to order, followed by: This Public Hearing is being held for the purpose of considering Zoning Bylaw Number 1375, 1996 Amendment Bylaw No. 2040, Anyone present who believes their interest in property is affected by the proposed bylaw will be given a reasonable opportunity to be heard or to present written submissions respecting matters contained in the proposed bylaw. Please commence your remarks by clearly stating your name and address. The Public Hearings were advertised on Friday, October 11, 2013 and October 18, 2013 in the Peachland View, and was posted at the District Office and Community Centre notice boards, pursuant to the Local Government Act and the Community Charter. The role of Council is to hear representation from those persons who wish to provide comments regarding the proposed bylaw. Everyone who wishes to speak shall be given the opportunity to be heard. No one will be, or should feel, discouraged or prevented from making his or her views known. However, it is important that all who speak at this meeting restrict their remarks to matters contained in the bylaw, and it is my responsibility as Chairman of this hearing to ensure that all remarks are so restricted. Members of Council may, if they so wish ask questions of you following your presentation. However, the main function of Council members this evening is to listen to the views of the public. It is not the function of Council at this public hearing to debate the merits of the proposed bylaw with individual citizens. No decision will be made at this hearing, but the entire proceedings will be considered by Council at a subsequent meeting. Submissions regarding this proposed bylaw may be received prior to or at this hearing. No further information or representations can be considered by Council after the public hearing is terminated. Please clearly state your name and address when you are at the microphone before you begin your comments. Public Hearing Procedure Page 3 of 28

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5 District of Peachland Public Hearing Report To: From: Mayor & Council Date: October 15, 2013 Subject: Planning and Development Services, Heidi Simkins Planning Administrator Zoning Bylaw Amendment Z12/1,003 Lot A, DL 1174, Plan and KAS03869, 5126 McKinnon Road Tabletop Mountain Resort BACKGROUND: 2006 Application: The Tabletop Mountain Resort formerly referred to as Trepanier Manor Corp. project as proposed in consisted of a luxury 38 room hotel and 20 strata title single family dwelling cottages. The10.22 ha. (25.25 acres) site was rezoned to CD-6 Comprehensive Development Zone which was specifically designed to accommodate the uses proposed and the layout of this development.the rezoning along with a Development Permit was approved in November Off-street parking for the hotel is provided at the entrance to the site near MacKinnon Road. Guests will then receive shuttle service from the parking lot to the hotel. Residents of the cottage have parking provided on the building site, but visitor parking is provided in the main parking lot at the entrance. Project Changes The proposal put forward to amend the zoning of Lot A, DL. 1174, Plan and KAS03869 from CD-6 to CD-9 are very similar to the development which was approved through a zoning bylaw amendment in Changes are: Increase in the number of hotel rooms [38 to 58] Increase in the hotel floor space from a maximum of 51,300 sq. feet. (4,765.7 m 2 ) to a maximum of 54,000 sq feet (5,016.6 m 2 ) An increase in the height of the hotel to accommodate an extra storey of building from 14.0m (45.9 feet) to 15.5m (50.9 feet) = 1.5m (5 feet), as some of the additional height will be achieved through deeper excavation of the building envelop Slight change in site coverage increasing from 5.5% calculated by entire lot, to Hotel site maximum 10% and Cottage site maximum 45% calculated by distinct uses on each lot. This will result in an increase coverage to the entire site to 6.3%. Accessory buildings which can be either a guest cottage no greater than 83m 2 or for another general accessory use purpose. Addition of a vineyard and vineyard building as an accessory use in the revised bylaw. The former caretakers building and office will now become a wine-tasting building. An increase in the number of parking spaces are provided in an updated plan to include all expanded floor space, the vineyard, parking for the physically challenged and loading / unloading space. Zoning Amendment Bylaw No. 2040, 2013, 5126 McKinnon Road-Ta... Page 5 of 28

6 Zoning Amendment bylaw 2040, 2012 was given first and second readings on November 13, At this time Council required revised drawings that accommodated the addition of a vineyard and vineyard building, as well as changes to the hotel size. Therefore, a set of revised drawings dated July 29, 2013 are included in the Public Hearing binder and available to the public. Schedule B, of Zoning Bylaw 2040 Section D. Conditions of Use is updated with the new conceptual plans and drawings. CD 6 Approved 2007 Intent: Development of a destination resort facility in a rural setting for tourist acommodations. The land has been divided into two sections (a) a hotel accommodation (b) low density cottagetype single family residences Permitted Uses: Hotel, Restaurant, Lounge, Meeting Rooms, Spa, Caretakers Dwelling, Cottages, and any accessory uses to support the principal use Lot Area Cottages, max. size for subdivision 800m 2, minimum 300m 2 Lot Area: Hotel, there is no further subdivision of this land allowed Density: Cottages max 20 not to exceed m 2 (2,500 sqft) per cottage Density: Hotel max. 38 suites not to exceed m 2 (51,300 sqft) Proposed CD 9 bylaw changes No change Addition of vineyard and vineyard building as accessory use to replace Caretaker s Dwelling Cottage accessory buildings can be either guest cottage no greater than 83m 2 or other general accessory use purpose Max. size no change, min. size amended to 410m 2 (4,413 sq ft) per strata lot Max. 90,686 m 2 (976,168 sqft) Including any accessory buildings not to exceed m 2 (3,400sq ft). accessory building can be either a guest cottage 83m 2 (893sq ft) or for another general accessory use purpose Density increased to 58 units and size increased to 5,016.6m 2 (54,000 sqft) Density: Caretaker max 1, not to exceed Replaced by winery and associated winery m 2 lounge building, max. 750m2 (8,070 sq ft) Lot Coverage: max. combined Cottages and Hotel not to exceed 5.5%, calculated by entire lot Setbacks Cottages, Front 0, Rear 0. Side 0, all structures and buildings at least 4.5m from perimeter Setbacks Hotel, Front 12m, Rear 7.5m, side 4.5m Hotel Site Maximum 10% Cottage Site Maximum 45% calculated by distinct uses on each lot (this results in an increase from 5.5% coverage to 6.3% coverage) General consistency and scale with plans submitted, not withstanding 4.5 m setback from any lot line abutting outside perimeter General consistency and scale with plans submitted, not withstanding 4.5 m setback from any lot line abutting outside perimeter Height: Hotel 14m, ( 45.9ft) Hotel height increased by 1.5m to 15.5m (50.9ft) Height: Cottages 9.1m (29.5 ft) No change Height: Caretaker 9.1m (29.5 ft) Now Winery Building no change to height Zoning Amendment Bylaw No. 2040, 2013, 5126 McKinnon Road-Ta... Page 6 of 28

7 CD 6 Approved 2007 Parking: All parking must be on-site and follow requirements in Part 5 Zoning Bylaw Landscaping: to be addressed by OCP amendment bylaw Landscaping: garbage/recycling, loading & parking must be screeened 2.5m natural landscape and or fencing Amenity contribution not applicable in 2007 Studies and Reports: Landscaping site 360 Sept 11/07 Terrestrial Environmental Assessment, Makonis Consulting Ltd Feb. /06, Sept Geotechnical Assessment, EBA Aug 15/06. May 2/06, Feb. 10/06 Environmental Assessment, ARC, Aug 31/07, Oct 10/06 Proposed CD 9 bylaw changes All parking must be on-site and as per Part 5 with revised site drawing Not applicable No change Amenity contributions: Hotel and Winery Building (increase in hotel size 2,700 sqft + winery building approx. 2,680 sqft) =$13,450 No update required No update required EBA updated report July 17/13 CTQ updated report July 2013 Wildfire Hazard, Mosaic, Oct. 20/06, Sept 5/07 No update required Transportation Engineering Study, Stantec Eng. Jan. 13/06 Riparian Area Regulations, Makonis consulting Ltd. Nov22/12 Traffic Impact Study updated by CTQ, Aug 9/13 Water System Fire Flow, CTQ Aug 9/13 No update required The Official Community Plan The property is designated as Resort Commercial within the Official Community Plan. The proposal meets with OCP use and density requirements. Servicing Issues: This property is serviced by municipal water, however prior to proceeding with construction of the hotel or winery buildings the Cousins Road water reservoir will require additional capacity at the developer s cost. Sanitary sewer has been provided by the developer. Storm drainage will be addressed by an underground water storage facility which will release predevelopment flow to drainage swales. The details of this facility will be addressed as part of the development permit process to mitigate any possible impact to natural drainage courses downstream. The developer will be required to construct all on and off-site services that will be required in order to see the proposed development proceed. A Servicing Agreement has been registered on title to ensure that these works are completed to the satisfaction of the District s Subdivision and Development Servicing Bylaw The project will become stratified and the strata corporation will assume all maintenance responsibilities for infrastructure within the property lines. Zoning Amendment Bylaw No. 2040, 2013, 5126 McKinnon Road-Ta... Page 7 of 28

8 Both the District s engineers, Urban System and the Developer s engineers, CTQ Consultants have met and discussed the design of the Cousins Road Reservoir expansion in order to service Tabletop Resort development. A memo from Urban Systems dated October 8, 2013 and a letter from CTQ Consultants dated October 10, 2013 along with a schematic drawing of the overall reservoir expansion have been provide confirming the requirements all parties have agreed in order to meet the needs of this development project. History of the Application April 25, 2006 June 28, 2006 July 11, 2006 Sept. 12, 2006 Sept, 12, 2006 Nov. 14, 2006 Nov. 14, 2006 Feb. 2, 2007 Nov. 27, 2007 Nov. 27, 2007 May 20, 2008 Nov. 18, 2008 May 11, st & 2 nd Reading of Zone amending Bylaw 1802 CD-6 Trepanier Manor Public Hearing of Bylaw 1802 CD-6 3 rd Reading of Bylaw 1802 CD-6 Rescind 2 nd and 3 rd Reading of Bylaw 1802 CD6 2 nd Reading of Bylaw 1802 CD-6 as amended Public Hearing of Bylaw 1802 CD-6 as amended 3 rd Reading of Bylaw 1802 CD-6 as amended MOTI Approval of Bylaw 1802 CD-6 Final Approval of Bylaw 1802 CD-6 Development Permit #DP06/10,-005 Approved Building Permit Issued for cottage Development Variance Permit #DP08/10, 0012 Approved Phased Strata for cottages and supporting documentation registered in Land Title office, Kamloops November 13, st & 2 nd Reading of Zone amending Bylaw 2040 CD-9 Table Top Mountain Resort Nov Aug No further activity on this file from the developer. Technical Reports A considerable number of technical reports were completed in conjunction with appropriate development considerations as part of the Trepanier Manor application. The reports completed included: Terrestrial Environmental Assessment Makonis Consulting, February 2006 with supplementary report September Environmental Assessment ARC Environmental Ltd. October 2006 and supplemental report August CTQ update Geotechnical Investigation EBA Engineering Consultants Ltd., February 2006 with supplemental reports May and September CTQ update July 17, 2013 Wildfire Hazard Assessment Mosaic Forest Management Services Ltd., January 2006 and supplemental report September Landscaping Plan Site 360 Consulting, August 2006 Transportation Planning Stantec Consulting, CTQ Traffic Impact Study Update August Services and Engineering Infrastructure CTQ Consulting, CTQ Water System & Fire Flow update August 9, Zoning Amendment Bylaw No. 2040, 2013, 5126 McKinnon Road-Ta... Page 8 of 28

9 Riparian Area Regulations Assessment Makonis Consulting, November 22, Amenity Contribution The amenity contribution as applied to the added floor space designed for the Hotel (2,700 sq.ft) and Winery Buildings (approx. 2,680 sq.ft) for this project above that approved by Council Resolution on November 13 th 2012 is: 5380 sq ft. X $2.50 per sq.ft = $13,450 This amenity contribution amount recommended is calculated by a formula consistent with what has been applied to other developments Ponderosa / Pincushion Ridge (Tree Group), New Monaco (New Monaco Enterprises), Somerset Reach (Hangingstone Developments) and the Downtown Development proposal (TNI). Discussion: The CD-6 Comprehensive Development Zone Trepanier Manor will be replaced by the CD-9 Comprehensive Development Zone - Tabletop Mountain Resort. An amended Development Permit will be required to address the proposed zoning amendment and bring all of the amendments into one easy to follow Development Permit. The development footprint is very similar to the original application although there are 20 additional rooms, slightly greater height (2m or 6.6 feet) and more parking is required (plans submitted for this). The revised project is well designed and appears attractive and designed in harmony with the environment. The changes to the project do not appear to impose additional negative impacts than were previously identified in relation to the previous project. A public information meeting for the project was held on November 12, First and Second Reading of the zoning amendment was approved by Council on November 13, Zoning Bylaw Amendment No Letters Received from Residents: There have not been any letters submitted by residents as of October 16 th, Resident submissions received after this date will be provided at the Public Hearing. Approval Process: The District sent out letters to the property owners within 100m providing them with an opportunity to comment at the Public Hearing, as per Section 892 Local Government Act (LGA). Newspaper ads were posted for 2 consecutive weeks in the local news paper, as per Section 892 (LGA). The applicant posted a sign on the property, as per Section 892 (LGA). The application has been circulated to the various affected technical agencies. The chart below illustrates steps in the development process. The project is in the re-zoning stage. Next steps in the process will be Third Reading and then approval of the Ministry of Transportation and Infrastructure followed by 4 th and Final Reading. An amendment to the Development Permit will be required. Zoning Amendment Bylaw No. 2040, 2013, 5126 McKinnon Road-Ta... Page 9 of 28

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11 Referral Agency Technical Comments August 2013 Ministry of Transportation: Ministry has no objections to the change from CD6 to CD9 with additional Resort Hotel rooms and vineyard. Would recommend the District consider the municipal road leg of Trepanier Bench Road for further investigation. Interior Health Region: Not required, development will be connected to municipal sewer Telus: No concerns re this rezoning RDCO: Westbank Sewage DCC costs will be required. Peachland Public Works: Requirements (a) Subdivision Development Services Bylaw applies for servicing (b) Require revised water & sewer drawings (c) Off-site servicing requires review in light of updated development proposal (d) Water main and reservoir upgrades may be needed to be in installed (e) on-site servicing review for FUS Peachland Fire and Rescue Services: Requirements (a) Wildfire hazard Assessment report be updated to show current conditions. (b) ensure that water system meets current fire flow standards with the addition of more rooms in the hotel and a winery area. (c) In the event that a new water line is required from Cousins Road reservoir that new hydrants are installed to subdivision standards along the entire new water line to bring those areas up to an acceptable standard. (d) Roads and firefighter access must conform to current standards. (e) 6 meter lane access must be maintained that must support the load of fire apparatus and ladder truck and have proper turn around area. (f) That the use of bark mulch landscape material will not be used, and that fire resistant ground covering be used for landscaping. (g) Adequate clear access by foot is provided around each building for firefighter access. (h) Adequate clear access by foot is provided around the hotel and that parking and staging areas for ladder truck operation are included in the design. (i) An approved fire department lock box be installed at the main entrance. Peachland Building Inspection Services: No comment Zoning Amendment Bylaw No. 2040, 2013, 5126 McKinnon Road-Ta... Page 11 of 28

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13 THE CORPORATION OF THE DISTRICT OF PEACHLAND BYLAW NUMBER 2040, 2012 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 NOW THEREFORE, the Council of the Corporation of the District of Peachland, in open meeting assembled, enacts the District of Peachland Zoning Bylaw Number 1375, 1996 (the Zoning Bylaw be amended as follows: 1. THAT Part 20 Comprehensive Development Zone be amended by: a) inserting a new Comprehensive Development Zone, Tabletop Mountain Resort labelled as CD-9 as per Schedule A attached to and forming part of this bylaw; 2. AND THAT Schedule A Zoning Map be amended by changing the zoning of Lot A, DL 1174, Plan and KAS03869, civic address 5126 McKinnon Road from CD-6 Comprehensive Development Zone -Trepanier Manor to CD-9 Comprehensive Development Zone -Tabletop Mountain Resort as per Schedule B attached to and forming part of this bylaw; 3. This Bylaw may be cited as Zoning Bylaw No. 1375, Amendment Bylaw No. 2040, This Bylaw shall take effect upon its adoption by the Council of the Corporation of the District of Peachland. READ A FIRST TIME, this 13 th day of November, READ A SECOND TIME, this 13 th day of November, PUBLIC HEARING HELD, this day of, READ A THIRD TIME, this day of, APPROVAL OF THE Ministry of Transportation received, this day of, 2013 FINALLY RECONSIDERED AND ADOPTED, this day of, Mayor Corporate Officer Dated at Peachland, B.C. This day of, 2013 Zoning Amendment Bylaw No. 2040, 2013, 5126 McKinnon Road-Ta... Page 13 of 28

14 Page 2 SCHEDULE A to Bylaw No CD-9 COMPREHENSIVE DEVELOPMENT TABLETOP MOUNTAIN RESORT Part 20-9 CD-9 A. Intent The zone is intended to accommodate and regulate the development of a destination resort facility in a rural setting for tourist accommodations. The land has been divided into two sections, Section A for hotel accommodations and Section B for low density cottage-type single family residences. B. Permitted Uses Land and structures shall be used within Part A and Part B for the following uses, or for a combination of uses, provided that such uses are in a comprehensive development plan design, which shall be attached to and forming part of this bylaw. Section A Hotel Site: a) Hotel b) Accessory uses includes the following i. Restaurant ii. Lounge iii. Meeting Rooms iv. Spa, Exercise Rooms and Swimming Pool c) Wineries and an associated winery lounge as licensed under Provincial legislation. Section B Cottage Site: a) Cottages b) Accessory buildings which can be either a guest cottage not greater than 83 square metres or for another general accessory use purpose. Zoning Amendment Bylaw No. 2040, 2013, 5126 McKinnon Road-Ta... Page 14 of 28

15 Page 3 C. Definitions As part of the CD-9 Comprehensive Development Zone, the following definition shall apply: Cottage: means a fully detached and self contained single family dwelling without a secondary suite. It may be used as a vacation home. Access to the on-site amenities available in the hotel, as outlined in Section B (permitted uses) of the CD-9 zone, are available to the owners and guests. D. Conditions of Use 1 All buildings and structures shall comply with the requirements in Zoning Bylaw No Amendment Bylaw No. 2040, 2012 as contained in Part 20 (Comprehensive Development) of this Bylaw. 2. Notwithstanding clause 1 above, all buildings and structures shall comply with the size, shape and siting as designated on the CD-9 Comprehensive Development plan as follows: a) The form and character is to be consistent with the conceptual plans submitted Sproule and Associates dated July 29, Final approval of more detailed design shall be provided through approval of the Development Permit. c) The concept and Building Elevation Plans are included as Schedule A0, A1, A2, A3, A3.1, A4, A5 A6 and A7 attached to and forming part of Zoning Bylaw No. 1375, Amendment Bylaw No d) Lot Area: Section A Hotel Site: - maximum 90,686 sq. m. (976,168 sq. ft.) Section B Cottage Site: - maximum 800 sq m (8,611 sq ft); minimum 410 sq m (4,413 sq ft) per strata lot. e) Density: Section A Hotel Site: Notwithstanding that the maximum permitted building size was sq m (51,300 sq ft) in the CD-6 Comprehensive Development Zone Trepanier Manor, this maximum shall be increased to sq m (54,000 sq ft) in this CD-9 Comprehensive Development Zone on Lot A, DL 1174, Plan 92058; The maximum building size permitted for a Winery Building shall be 750 sq m (8,070 sq ft). An amenity cash contribution in the amount of $8, is provided to the District to be deposited into the Community Amenity Reserve Fund. Section B Cottage Building Size: Maximum of 20 cottages are permitted. The cottage structures including any accessory buildings must not exceed sq m (3,400 sq. ft) f) Lot Coverage: Zoning Amendment Bylaw No. 2040, 2013, 5126 McKinnon Road-Ta... Page 15 of 28

16 Page 4 Section A Hotel Site : Maximum 10% Section B Cottage Site: with accessory buildings: Maximum 45% g) Yards and Setbacks: In general consistency and scale with the plans submitted by Sproule and Associates dated July 29, 2013 included as part of this CD-9 Zone. Not withstanding the setback requirements in the above-noted plans, all buildings and structures must be a minimum of 4.5m from any lot line that abuts the outside perimeter of the CD-9 zone. h) Height of Buildings: Section A Hotel Site: maximum 15.5 m (50.9 ft) All other buildings: 9.1 m (29.5 ft) i) Off-Street Parking: Parking is shown on the plans submitted by Sproule and Associates dated July 29, 2013 included as part of this CD-9 Comprehensive Development Zone. All parking must be on-site and must follow the requirements as outlined in Part 5 of the District s Zoning Bylaw. k). Garbage containers, passive recycling containers, loading and parking areas must be screened to height of 2.5 metres (8.2 ft) from the ground up. This may include the use of landscape screen, natural vegetation or a solid decorative fence or any combination thereof. E. Sustainable Development Features Sustainable Development features shall be investigated with the intention of reducing greenhouse gases (GHG s) and implementing sustainable development features and these provisions to be listed in the Development Permit Zoning Amendment Bylaw No. 2040, 2013, 5126 McKinnon Road-Ta... Page 16 of 28

17 Page 5 Schedule B to Zoning Bylaw No. 2040, 2012 SUBJECT PROPERTY Legal: Lot A, DL 1174, ODYD, Plan and Strata Plan KAS3869 Address: 5126 MacKinnon Road Zoning Amendment Bylaw No. 2040, 2013, 5126 McKinnon Road-Ta... Page 17 of 28

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28 1 C-02 2 C-02 RESERVOIR SECTION Scale: 1:150 RESERVOIR SECTION Scale: 1:150 Zoning Amendment Bylaw No. 2040, 2013, 5126 McKinnon Road-Ta... Page 28 of 28