Planning Services 1450 K.L.O. Road Kelowna, B.C. V1W 3Z4 Telephone: (250) 868-5227 Fax: (250) 762-7011 www.regionaldistirct.com PLANNING SERVICES DEPARTMENT REPORT For the Board March 22 nd, 2004 TO: FROM: Chair & Members of the Regional Board Ron Fralick, Planning Assistant DATE: SUBJECT: Zoning Amendment Application Z03/22 (Bylaw No. 871-74) (Canadian Adult Communities Ltd./Water Street Architecture agents) RECOMMENDATION: 1. THAT Zoning Amendment Bylaw No. 871-74 application (Z03/22) be given second and third readings; 2. AND FURTHER THAT consideration of fourth and final readings be withheld pending receipt of Zoning Amendment Bylaw No. 871-74 approval from the Ministry of Transportation. PURPOSE: To include the attached Schedule C, R3D Congregate Care zone into Zoning Bylaw 871, 2000, and to amend the zoning on the property from R1 Single Detached Housing to R3D Congregate Care. In accordance with the bylaw amendment, the applicant is proposing to construct a 123-unit assisted living/retirement resort housing building on the property. POLICY: The proposal will be subject to the policies of the Medium to High Density Residential section in the Westbank OCP, and the Multiple Family Residential and Development Permit Guidelines sections of the Westbank Town Centre Strategic Plan, and the application conforms to those policies.
Page 2 of 5 /2 OCP and Town Centre Strategic Plan; Proposed R3D zone was developed in accordance with the policies of the Westbank OCP, specifically to promote higher density development in order to achieve greater usage efficiency of urban infrastructure; Westwood development is in keeping with the requirements of the Shelf Ready R3D Congregate Care zone; Project will have a positive impact on surrounding land uses and lends support to implementation of the Westbank Town Centre Plan; Project will provide needed seniors assisted housing in close proximity to required services and amenities (ie: shopping, bus routes, medical offices, churches, etc.); Full urban services are required in conjunction with the project, including community water and sewer, sidewalks, curb and gutter, streetlights, etc. along Ingram Road and extension of Elliott Road. BACKGROUND: Planning Services Department staff met with the applicant/agent prior to submission of the application to discuss the proposal relative to the policies of the Westbank Official Community Plan and the Westbank Town Centre Strategic Plan. It was indicated that the R3D Congregate Care zone is a Shelf Ready zone, currently not part of Zoning Bylaw #871. The proposed zone, land use and density is in keeping with the Multiple Family Residential designation in the Westbank Town Centre Plan. Planning staff and the applicant believe there is great demand for such a facility in Westbank in close proximity to required services and amenities (ie: shopping, bus routes, medical offices, churches, etc.), particularly with the recent increase in growth on the Westside. The application received first reading on January 12, 2004 and the Board directed that the scheduling of a Public Hearing be withheld pending the following; Receipt of comments from the Ministry of Transportation and the Westside Fire Department; Receipt of plans and/or information confirming that the proposed building will meet the 4 storey criteria of Zoning Bylaw #871 and the BC Building Code; Receipt of additional information/plans that clearly show slope grading and the height of all retaining walls along the west and east portions of the property; Receipt of a site-line profile drawing which illustrates the maximum elevation of the assisted care building relative to the adjoining properties to the west and east. RELEVANT INFORMATION: OWNERS: MAILING ADDRESS: APPLICANT: LOCATION: T. Mathieson/Henry Maddock c/o #2 1562 Water Street, Kelowna, B.C., V1Y 1J7 Canadian Adult Communities Ltd./Water Street Architecture Adjacent to Ingram Road and proposed extension of Elliott Road
(Area Westside ) LEGAL: That part of DL 807 shown red on Plan B1803, ODYD, except Plans 9699 & 42483 /3 Page 3 of 5 LOT SIZE: +/- 1. 412 ha (3.489 acres) ZONING: R1 Single Detached Housing OCP: Multiple Family Residential SEWAGE: Community sewer WATER SUPPLY: Westbank Irrigation District EXISTING USE: Residential SURROUNDING USES: North - Ingram Road/School/Commercial Mall South - Rural lot East - Multiple family residential West - Single family residential A.L.R.: Not within the ALR FIRE PROTECTION: Westside Fire Protection District The subject property is located adjacent to Ingram Road and proposed extension of Elliott Road southeast of George Pringle Senior Secondary in the Westbank Town Centre. Adjoining lands to the south and east are also designated for multi-family residential development and an existing R1 zoned subdivision is located on the hillside to the west. An approximate 25- metre wide portion of the east side of the property will be dedicated as Road to allow for the extension of Elliott Road. It is the intent of the applicant to construct the assisted living/retirement resort housing building in 2 phases. Details of the project including building footprint, access and parking, density, site coverage, cross sections, building elevations, and landscaping are identified on the attached Westwood Retirement Resort drawings prepared by Water Street Architecture. It is noted that the applicant has submitted a Development Permit application (DP-03-18) that is being processed concurrent with the zoning amendment application. In advance of the Development Permit application being considered, a coloured rendering of the project has been provided by the architect and will be presented at the Public Hearing on March 22 nd, 2004. PLANNING SERVICES DEPARTMENT COMMENTS: As previously identified, the proposal conforms to the Shelf Ready R3D zone and with the goals and objectives of the Westbank OCP and Town Centre Strategic Plan. The Future Land Use section of the Westbank Town Centre Strategic Plan identifies the need to, focus development to the Town Centre to promote a vibrant and viable heart to the community, and to promote higher density development in order to achieve greater usage efficiency of urban infrastructure. The following represent some of the other key supporting policies: Section 5.3.5 of the Town Centre Plan states, Medium Density Multiple Family Development land is reserved for condominium development up to 4 storeys with structured parking. Services to facilitate aging in place for seniors are a permitted
use in this zone. Section 5.4.3 Goal states, More land should be considered for Multiple Family, as well as mixed use housing within the Town Centre to provide additional opportunities for higher density housing. /4 Page 4 of 5 Section 5.4.0 identifies that it is very important for the Westbank Town Centre to have a variety of housing forms to suit a range of lifestyles. Policy 5.6.14 supports consideration of rezoning applications that are consistent with the land uses proposed on the Future Land Use Map. Policy 5.6.12 encourages parking areas to be located beside or behind development within the Core Area rather than between the road and the structure. Parking for this project is located primarily behind the building, and is therefore consistent with the policy. Policy 5.6.21 encourages timely approval processing for development applications that support the initiatives of the plan. As noted above, there are numerous goals, objectives and policies in both the OCP and the Town Centre Plan that support this type of development in the downtown core area. Given market conditions, the project is the highest and best use of the land both physically and economically. Full urban services fronting the development will be provided and the project will help facilitate additional development in the Town Centre area. The project will provide needed seniors assisted housing in close proximity to required services and amenities (ie: shopping, bus routes, medical offices, churches, etc.). The multiple family seniors housing development will establish a residential character for future projects of a similar nature and will enrich the Town Centre by providing diversity. At the time of first reading, the Board was advised that several telephone calls had been received and several individuals visited the Regional District office. The primary concern is from adjoining residents to the west on Pineridge Place who are concerned that their views will be obstructed by the 4-storey building. As noted at first reading, 4-storey buildings are permitted under the Zoning Bylaw, and are supported in both the Westbank OCP and the Town Centre Strategic Plan. With respect to the requirements identified at first reading, the developer has provided revised plans confirming that the proposed building conforms to the Zoning Bylaw/BC Building Code requirements for a 4-storey building. The applicant has also submitted a site-line profile drawing illustrating the maximum elevation of the assisted care building relative to the adjoining properties to the west and east. In addition, comments have been received from the Ministry of Transportation and the Westside Fire Department. The Ministry of Transportation has no objection to the rezoning application and associated Development Permit application subject to the following conditions: Ingram Road to be dedicated an additional 10.06 metres to include a corner cut-off with a slight widening across the proposed Elliott Road extension to match the corner
cut-off established by KAS 1138 (lying to the east); Existing restrictive covenant currently registered over the eastern 25 metres of the subject property (future Elliott Road extension) is to be amended from bare land to specify road as the only allowable use. The Ministry of Transportation has verbally indicated that they will not require construction of the Elliott Road extension as part of this development. /5 Page 5 of 5 Construction of the Elliott Road extension would occur in conjunction with further development to the south or through utilization of developer contributions provided with rezoning applications in the area. It is noted that lands to the south are identified for future multiple family residential development in the Westbank Town Centre Strategic Plan. The Westside Fire Department advises that the developer must ensure adequate fire flows for fire fighting purposes as per the Underwriters Guidelines, that the fire department has access according to BCBC 3.2.5 provisions, and that no hydrant shall be within 40 ft. of the building. The Fire Department has not identified any issues regarding the height of the building. Subsequent to first reading, two letters have been received (copies attached); the first letter dated January 15, 2004 is from an individual that does not reside in the neighbourhood and is questioning the reputation of the developer. The second letter is from the strata owners of Ingram Place located immediately to the east. In summary, the strata is requesting that construction of the Elliott Road extension be required as part of this development for the reasons outlined in their letter of March 11, 2004. As noted above, the Ministry of Transportation has indicated that they will not require construction of the Elliott Road extension as part of this development. With respect to the other concerns that have been raised, we note that there was ample opportunity to comment on future land use for the subject property as part of the Westbank Town Centre Strategic Plan process. It was ultimately deemed that the highest and best use of the site should be Multiple Family Residential. It is noted that technical issues for the development regarding access, parking, form and character, landscaping, and building height will be further assessed in conjunction with the Development Permit application. Planning Services Department staff support the rezoning being granted second and third readings by the Regional Board. Conditions prior to consideration of fourth and final readings are identified in the Recommendation section at the beginning of the report. Respectfully submitted, Ron Fralick Planning Assistant
Ken Arcuri, Director of Planning Services Attached RF/cb H:\PLANNING\APPLICA\RON\REZONE\2003\Z03-22\PHREPORT.doc