Planning Services COUNCIL REPORT

Transcription

1 SUN PEAKS MOUNTAIN RESORT MUNICIPALITY PUBLIC HEARING AGENDA 6:30 PM Tuesday, September 6, 2016 Municipal Council Chambers 1. CALL TO ORDER 2. BYLAW 2.1. Rezoning Bylaw No. 0073, 2016 RZ COUNCIL REPORT Bylaw No (RZ ) 2.2. Comments/Submissions Morrisey Public Hearing Submission - Friskie Morrisey Public Hearing Submission - McLean Morrisey Public Hearing Submission - Kuhn 2.3. Close Page CLOSE MEETING Page 1 of 13

2 Planning Services COUNCIL REPORT TO: Mayor and Council DATE: August 4, 2016 FROM: SUBJECT: TNRD Planner Zoning Amendment Application No. RZ Zoning Amendment Bylaw No. 0073, 2016 Lot A District Lots 6331 and 6417, KDYD, Plan KAP88812 except Strata Plan KAS3653 (Phase 1) PID: Village Way (Morrisey Developments Ltd.) RECOMMENDATION(S): 1. That Zoning Amendment Bylaw No. 0073, 2016, be introduced and read a first time by title only. 2. That Zoning Amendment Bylaw No. 0073, 2016, be read a second time. 3. That Zoning Amendment Bylaw No. 0073, 2016, be taken to Public Hearing in conjunction with a regular Council meeting. A. KRAUSE, MEDes, MCIP Planner Approved for Council Consideration CAO SUMMARY: Morrisey Developments Ltd., owner of 3280 Village Way, has applied to amend the CC-1 (Commercial Core One) zone of Zoning Bylaw No on a site-specific basis to allow townhouse and apartment use. The owner seeks to maintain the CC-1 zone for its mixture of commercial and tourist accommodation uses. The applicant proposes townhouse units to complement the adjacent Kookaburra mixed-use building. Location 3280 Village way Present zoning CC-1 (Commercial Core One) Proposed zoning CC-1 (Commercial Core One) with site-specific amendment Parcel Area 0.816ha Application date June 20, 2016 Rezoning Bylaw No. 0073, 2016 Page 2 of 13

3 August 4, 2016 Page 2 of 4 Subject: Zoning Amendment Application No. RZ Amendment Bylaw No DISCUSSION: The subject property is zoned CC-1 (Commercial Core One). The applicant is requesting a site specific zoning amendment thus retaining the CC-1 zone but also allowing townhouse and apartment use on the subject property. The property, currently the remainder lot originally intended for Phase 2 development of Strata Plan KAS3653, is adjacent to the Kookaburra Lodge. The applicant indicates that they intend to sever the lot from the phased strata plan in order to develop townhouse units. This is a legal process independent of the Municipality. Zoning As set out in s.5.1 of Zoning Bylaw 1400, the purpose of the CC-1 zone is to provide a mixture of commercial uses, personal services and tourist accommodation facilities in a predominantly pedestrian environment. The CC-1 zone specifically lists tourist accommodation as a permitted use but does not allow townhouses or multi-family dwellings for residential use. The applicant would like the option of offering townhouses for either permanent residential use or short-term rental (tourist accommodation). No other commercial uses are currently proposed but the CC-1 zone would allow the owner to develop future commercial. The intent section at the beginning of a zone is there to help to guide interpretation and help read the zone but it is not regulatory. Official Community Plan (OCP) The OCP designates the property as Village Core and directs guest-oriented commercial services into areas designated Village Core. It is also a policy of Sun Peaks Council to direct multi-family tourist accommodation uses to those areas designated as Multi-Family Tourist Accommodation. The CC-1 zone is consistent with the Village Core designation but the OCP is vague on whether or not an amendment to the CC-1 zone for townhouse use would be consistent with OCP policy. On a balance of policy and given the CC-1 zone is proposed to remain for this property, Council may consider this sitespecific zoning amendment application without an OCP amendment. Please note that Council can require OCP amendment if they deem the proposed change is inconsistent with the Plan. This would of course delay the project. It should also be noted that the proposed development Rezoning Bylaw No. 0073, 2016 Page 3 of 13

4 August 4, 2016 Page 3 of 4 Subject: Zoning Amendment Application No. RZ Amendment Bylaw No will add density to the village core area which is supported by OCP policy. Policy 11.2(4) encourages higher density developments within walking distance of ski lifts / village locations. Preliminary/Conceptual Layout The exact layout and configuration of townhouse units is not subject to approval under this sitespecific zoning amendment application; however, building design, spatial separation distances and fire access will be subject to BC Building Code compliance. The owner is proposing to raise title to an area of adjacent Crown land in order to develop additional parking space and a hammerhead turnaround as shown in a preliminary/conceptual site plan below. Site plan submitted by applicant Crown land The timing of a process to raise title to Crown land and consolidate it with the adjacent lot is unknown. Requirements for fire access, maneuvering aisle and turnaround areas must be addressed at time of Building Permit. An emergency vehicle turnaround must be provided in accordance with the BC Building Code; if permanent tenure on the adjacent Crown land is not secured, a turnaround will have to be provided within the existing lot which would result in fewer townhouse units. Building Permits could not be issued for all townhouse units as shown in the applicant s proposed site plan above until such time as title to the adjacent land has been secured and a turnaround has been constructed as per BC Building Code. The conceptual site plan is shown in this report to illustrate how the property may be developed should the zoning amendment be approved by Council. Council is being asked to adjudicate whether townhouse and apartment use would be appropriate at this location regardless of layout or exact number of units. Rezoning Bylaw No. 0073, 2016 Page 4 of 13

5 August 4, 2016 Page 4 of 4 Subject: Zoning Amendment Application No. RZ Amendment Bylaw No Riparian Areas Regulation The subject property is affected by the Riparian Areas Regulation due to its proximity to McGillivray Creek and is located within the Riparian Development Permit Area in the OCP. A Riparian Assessment Report (RAR) was completed in On July 23, 2016 a Qualified Environmental Professional (QEP) submitted a letter stating that the original RAR Assessment covered the area proposed for new development under this application. The QEP stated the site plans provided can be undertaken while still achieving the conditions of the existing RAR and will not result in compromising the environmental protection that is currently afforded to McGillivray Creek. A Development Permit is only required if a new Riparian Assessment is submitted. Referrals and Liaison: Building Inspector has indicated that he has no objections to the proposed townhouse development provided accessibility for firefighting requirements in the BC Building Code are met. Fire Chief indicated that Sun Peaks Fire Rescue s interests are affected by this application. He requested additional information regarding fire department access, specifically, the following questions: 1. Will there be 2 ways in and out of the complex? 2. Will there be access to a hydrant inside the complex? 3. How are they going to sprinkler the buildings? In response, the developer indicates the following: 1. There will be one access off of Village Way and a hammerhead will be provided in the visitor parking area for emergency vehicles to turnaround. 2. There will be access to a hydrant within the site. 3. The units will be sprinklered. Sun Peaks Utilities has indicated that their interests are unaffected by this application. Attachment(s) Location Map Zoning Map Conceptual Site Plan submitted by owner Zoning Amendment Bylaw No. 0073, 2016 Rezoning Bylaw No. 0073, 2016 Page 5 of 13

6 Rezoning Bylaw No. 0073, 2016 Page 6 of 13

7 Rezoning Bylaw No. 0073, 2016 Page 7 of 13

8 Rezoning Bylaw No. 0073, 2016 Page 8 of 13

9 SUN PEAKS MOUNTAIN RESORT MUNICIPALITY BYLAW NO. 0073, 2016 A BYLAW TO AMEND SUN PEAKS RESORT AREA ZONING BYLAW NO WHEREAS an application for amendment to Sun Peaks Resort Area Zoning Bylaw No has been made; AND WHEREAS the proposed changes in uses of land and buildings are deemed advisable; AND WHEREAS the amendment conforms to the Official Community Plan; NOW THEREFORE, the Sun Peaks Mountain Resort Municipality Council, in open meeting assembled, enacts as follows: 1. CITATION This bylaw may be cited as Sun Peaks Resort Area Zoning Amendment Bylaw No. 0073, AMENDMENT 2.1 The following provision is added to Bylaw No as s : PERMITTED USES SITE SPECIFIC In the CC-1 zone, the following uses are permitted on a site-specific basis only: (a) Townhouse and apartment for either permanent residential and/or tourist accommodation in the case of Lot A, District Lots 6331 and 6417, KDYD, Plan KAP88812 Except Strata Plan KAS3653 (Phase 1) (3280 Village Way). 2.2 The certified zoning map incorporated in Bylaw No is revised as follows: Lot A, District Lots 6331 and 6417, KDYD, Plan KAP88812 Except Strata Plan KAS3653 (Phase 1), as shown shaded on Schedule 1 attached hereto and forming a part of this Bylaw, is hereby amended on a site-specific basis. READ A FIRST TIME this 9 th day of August, READ A SECOND TIME this 9 th day of August, PUBLIC HEARING held on the day of, 201. READ A THIRD TIME this day of, 201. ADOPTED this day of, 201. Mayor Chief Administrative Officer Rezoning Bylaw No. 0073, 2016 Page 9 of 13

10 SCHEDULE 1 This Schedule 1 is incorporated in and forms part of Bylaw No. 0073, 2016 Certified Correct: Chief Administrative Officer Rezoning Bylaw No. 0073, 2016 Page 10 of 13

11 Comments/Submissions Page 11 of 13 AGENDA ITEM #2.2.

12 AGENDA ITEM #2.2. Nic? Braithwaite From: Ian and R02 MacLean Sent: September O2-161:13 PM To: ity.ca Subject: Zoning Amendment BylawNo. 0073, 2016 importance: High My concern for this new towhouse complex is how overflow parking is going to be handled in the area. Most complexes provide parking for their owners and some visitors but there is often more cars than parking spots with visitors and others. I have a townhoue at Timberline and overflow parking has been transltionally using P 4 but that is being changed to install a hockey rink. With no parking on the road during winter (snow removal reasons) there is limited parking available in this area of Sun Peaks. With an ice rink going in and P4 being removed where are allthe cars for players and spectators going to park? Allplayers will drive since they have large bags of equipment and people from any distance will opt to drive as well. P 4 was often full during last winter requiring overflow parking from Timberline and other complexes to use P5 or the day lodge lot, both very far away. This may not be a specific issue with this zoning application but there will be problems after this complex is constructed if sufficient parking in P4 or other lots is not provided closer to the ice rink. Before approval is granted Sun Peaks needs to ensure there is sufficient public parking in this area to accommodate complexes and the new ice rink. if you have any question or need more information let me know. Ian MacLean President 2015/16 Timberline Council Timberline # Comments/Submissions Page 12 of 13

13 AGENDA ITEM #2.2. Nic? Braithwaite From: Sent: September :17 PM To: Nicky Cc: kuhn, ive.com; irmac us.net Subject: Zoning amendment 0073,2016 scheduled for sept. 6th Hi Nicky, Catherine, Rob and council, This is in regards to the application by Morrisey Developments for an approval to the planned development they are seeking right above the municipality. I have talked to Rob about this proposed 24 or so townhouses. Though I am not against this development I would likethe council to keep in mind of some important aspects that can concern Timberline Village and our personal condo #49 as well as others. This also pertains to others walking through the area. 1) I hope that the walking trail behind the proposed does stay a trail. It is the trail that has existed for ages and separates the creek from the townhouses. Rob assured me this willbe kept. 2) The creek is vital to not have runoff and excess pollutes from the townhouses, it is VERY CLOSE to it. 3) The emergency exit for this development is proposed towards the top or north or towards the road heading to the old hockey rink. If it comes out on the main road and the new owners use it "on a consistent basis" the light from cars willpoint right into the windows and units of Timberline that face the street. If they enter or exit lower by the municipality this will not shine into anyone's places. I encourage this. 4) I hope the buildings won't be too high as to block the mountain Timberline sees near Static Cling. I hope they will not add dirt to raise but are lowering some of Crowns land to keep it lower to the level the municipality is at. Rob assured me the owners develop nice pieces and it should be an asset to the area. Please keep an eye to have that be the case. Thank-you for your time and consideration. Sincerely, Kitand Kathy Comments/Submissions Page 13 of 13