Heli-ski Lodge Application

CSRD BOARD REPORT

TO:

FROM:

SUBJECT:

RECOMMENDATION #1

Chair and Directors

Dan PassmoreSenior Planner

File No:

Date:

BL 850-8BL 851-7June 18, 2015

Electoral Area 'B' Official Community Plan Amendment (HansfordLand Corporation) Bylaw No. 850-8Electoral Area IBI Zoning Amendment (Hansford Land Corporation)Bylaw No. 851-7

THAT:"Electoral Area 'B' Offjciai Community Plan Amendment (Hansforcf LandCorporation) Bylaw No, 850-8" be read a first time this 16th day of July,2015;

AND THAT:the Board utilize the complex consultation process for Bylaw No. 850-8,and, in accordance with Section 879 of the Local Government Act, it bereferred to the following agencies and First Nations:

Area 'B' Advisory Planning Commission; Interior Health Authority; Ministry of Transportation and Infrastructure; IVlinistry of Environment; Ministry of Forests, Lands and Natural Resource Operations; Ministry of Forests, Lands and Natural Resource Operations -

Water Rights Branch; Ministry of Forests, Lands and Natural Resource Operations,

Archaeology Branch; CSRD Operations Management; CSRD Financial Services; City of Revelstoke; Transport Canada/ Nav Canada; School District #83; and, All relevant First Nations Bands and Councils.

AND FURTHER THAT:pursuant to Section 882 of the Local Government Act, the Board hasconsidered this "Electoral Area 'B' Official Community Plan Amendment(Hansford Land Corporation) Bylaw No. 850-8" in conjunction with theColumbia Shuswap Regional District's Financial Plan and its WasteManagement Plan.

Page 1 of 14

11.1

Board Report BL 850-8, BL 851-7 July 16,2015

RECOMMENDATION #2: THAT:"Electoral Area 'B' Zoning Amendment (Hansford Land Corporation)Bylaw No. 851-7" be read a first time this 16th day of July, 2015;

AN D THAT:the Board utilize the complex consultation process for Bylaw No. 851-7,and it be referred to the following agencies and First Nations:

Area 'B' Advisory Planning Commission; Interior Health Authority; Ministry of Transportation and Infrastructure; Ministry of Environment; Ministry of Forests, Lands and Natural Resource Operations; Ministry of Forests, Lands and Natural Resource Operations -

Water Rights Branch; Ministry of Forests, Lands and Natural Resource Operations,

Archaeology Branch; CSRD Operations Management; CSRD Financial Services; City of Revdstoke; Transport Canada/ Nav Canada; School District #83; and, All relevant First Nations Bands and Councils.

APPROVED for BoardMeeting Date: July 16th,

Consideration:2015 A_^zCharles Hamilton,

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SHORT SUMMARY:

This OCP/rezoning amendment application is for a property that formerly was used for residentialpurposes and is located in the Airport Bench area in rural Revelstoke, near the City of Revelstoke inElectoral Area (B). The proposal is to redesignate the subject property from RR2 - Rural Residential2 to RC - Resort Commercial and to rezone from RR2 - Rural Residential - 2 to RC2 - ResortCommercial - 2 with some specific provisions for the site.

The proposal is to build a 5 bedroom backcountry lodge and a helipad to house a heli-skiingoperation.

VOTING: Unweighted Corporate

LGA Part 26(Unweighted)

Weighted Corporate D Stakeholder D(Weighted)

BACKGROUND;

APPLICANT: Hansford Land Corporation

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AGENT:

ELECTORAL AREA:

CIVIC ADDRESS:

LEGAL DESCRIPTION:

SIZE OF PROPERTY:

Barry Janyk

'B' (Airport Bench)

1944 Leidloff Road

Lot A, Sec. 14, Tp. 23, Rge. 2, W6M, Plan 5575, Except Plans 5614,10031, and 10533

2.319 ha.

SURROUNDING LANDUSE PATTERN:

NORTHSOUTHEASTWEST

Rural ResidentialRural ResidentialRural ResidentialRural Residential

CURRENT USE:

PROPOSED USE:

OCP DESIGNATION:

PROPOSED OCP:

ZONING:

PROPOSED ZONING:

POLICY:

Single Family Dwelling

5 unit backcountry lodge and helipad

RR2 - Rural Residential - 2

RC - Resort Commercial

RR2 - Rural Residential - 2

RC2 - Resort Commercial - 2

Electoral Area 'B' Official Community Plan Bylaw No. 850

1.5 General Implementation1.5.3 The CSRD will require development approval information pursuant to Section 920.1 of the Local

Government Act. Procedures and policies for requiring development approval information will berequired to be established by bylaw and would apply to:

applications for amendments to an adopted Zoning Bylaw,

applications for a Development Permit, and

applications for temporary use permits.

The Development Approval Information Bylaw will apply to all lands within the OCP Bylaw area.The Development Approval information Bylaw will give the CSRD authority to require an applicantto provide information on the impact of the activity or development that is the subject of theapplication. The Development Approval Information Bylaw will also specify the matters for whichadditional on-site and off-sife information will be required, including, but not limited to such issuesas:

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Board Report BL 850-8, BL 851-7 July 16, 2015

an assessment of drinking water source and sewage disposal as required by the localauthorities;

transportation patterns including traffic flow;

the impact and assessment on local infrastructure;

assessment of capacity of public facilities including schools and parks;

the impact on or need for additional community services;

the impact and assessment of the natural environment of the area affected;

assessment of slope conditions;

an assessment of the wildfire urban interface; and,

an assessment of how the development addresses on-site issues such as emergencyuse, accessibility and water conservation.

The Development Approval Information Bylaw will also set out procedures regarding requests forreconsideration of development approval information requirements.

2.1 Growth PatternsSouth Revelstoke

The South Revelstoke area is the area east of the Arrow Lakes reservoir and south of theRevelstoke municipal boundary. At present the South Revelstoke area has a rural character that ishighly valued by the residents. The area contains a mixture of lot sizes from small half acre parcelsto large agricultural acreages. There is abundant forested upland area framing the valley andproviding context for the proposed ski resort. The developed area is also bordered by large areas ofthe river ecosystem that supports recreational activities and open space when the Arrow Lakesreservoir elevation is low.

The settled area contains a mixture of housing types and sizes but the majority of development issingle family residential. There are some properties that are within the Agricultural Land Reserve butthere is little active farming taking place.

Residents in this area expressed a desire to retain the environmental quality and the rural residentialcharacter. Residents also noted that while their objective was to retain a country living atmosphere,they recognized that their close proximity to the ski resort could significantly alter their lifestyle.

In reviewing the South Revelstoke area it is evident that the lands closest to the resort (UpperBench) have the greatest potential to be impacted by resort development. The Upper Bench,adjacent to the core of the RMR development, but not part of the resort land holdings, has not beenintegrated into the City of Revelstoke land use planning process. The relationship between the resortand the privately held lands in the rural residential area is complex and raises numerous planningand servicing issues. While it is recognized that the resort wishes to initially concentrate onlaunching its own development initiatives, there must also be a time for planning partnershipsinvolving the Upper Bench landowners, the City of Revelstoke, the CSRD and Revelstoke MountainResort. The municipality does not have any responsibility for servicing lands in the Regional District,however, it is likely that any future servicing in this general area will be led by the municipality asthey sen/ice lands in the municipality. In the process of planning for servicing to this general area, itwould be appropriate for an active dialogue between the Regional District and the City ofRevelstoke. With an estimated 150 parcels and an approximate population of 300 persons, SouthRevelstoke will be dwarfed by the 16,000 bed units proposed for the Revelstoke Mountain Resort

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community, Specific policies related to the ultimate development of the South Revelstoke area arearticulated in Section 4.4.

The Revelstoke Airport is located in Revelstoke, immediately north of the South Revelstokeneighbourhood. The airport is owned by the CSRD. Numerous flight path options are available asapproaches to the airport and these need to be considered in future planning exercises both in termsof the safety of the approach (e.g. structure height) and the impacts of the airport on neighbours

4.4 Community Specific PoliciesSouth Revelstoke

4.4.8 As shown on Figure 4.2, South Revelstoke contains an Upper Bench area that adjoins theplanned core of Revelstoke Mountain Resort. The Upper Bench will be impacted by future activityin the resort core and will not sustain its present rural character. Recognizing the nature of futuredevelopment pressures, the CSRD supports the following strategy for the Upper Bench.

a. As Revelstoke Mountain Resort develops, the future land uses considered for the Upper Benchshould be urban and resort development;

b. development to higher resort densities should be consistent with the overall direction of the ResortMaster Plan, and will require neighbourhood planning and design guidelines to achieveconsistency and use compatibility;

c. development to higher density cannot be accomplished without improved servicing. The terms ofservicing, phasing, timing and partnerships shall be considered as part of a detailed planningprocess; and

d. when there is a clear strategy to integrate development on the Upper Bench with the overallRevelstoke Mountain Resort Master Plan, these lands may be more appropriatelyadministered as properties within the City of Revelstoke and the CSRD could support aPhase 3 boundary extension process that considers the private lands on the Upper Bench andhow they should be serviced.

4.4.10 Residential properties in the south Revelstoke area that are not in the ALR will be designated forRural Residential 2 use with a minimum parcel size of 2 ha from the City of Revelstoke to MontanaCreek. Residential properties south of Montana Creek are designated as Small Holdings andintended for large lot rural residential and agricultural use. Properties in the South Revelstokearea, including those south of Montana Creek, which are excluded from or subdivided within theALR, may be considered for redesignation to Rural Residential 2

4.4.11 Parcels in all areas south of Revelstoke will be independently serviced with water and sewer.Minimum parcel sizes 2 ha can only be achieved where provincial water and sewer servicingstandards can be met.

Commercial5.2 ObjectivesThe objectives for commercial development in the plan area are as follows:

5.2.1 To provide for commercial activities servicing the needs of local communities and the travelingpublic;

5.2,2 To minimize land use incompatibility between commercial activities and surrounding land uses byrequiring setbacks, screening and landscaping of new commercial developments;

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5.2.3 To ensure that the scale of all commercial developments harmonizes with the naturalsurroundings of the plan area;

5.2.4 To encourage home occupations that do not harm the rural residential character of communities;

5.2.5 To protect the character and integrity of quiet rural residential areas;

5.2.6 To recognize unique recreation and resort opportunities subject to detailed project reviews; and

5.2.7 To support the City of Revelstoke as the commercial centre of Area 'B'.

5.3 General Commercial Policies

5.3.1 Commercial land use designations are shown on Schedules B and D

5.3.2 The minimum parcel size shall be 1 hectare serviced by an approved water system andapproved sewer system subject to relevant regulations and approvals. The CSRD willconsider small parcel sizes where community water and sewer system requirements havebeen met.

5.3.3 Higher order and larger scale commercial uses are encouraged to locate in the City ofRevel stoke.

5.3.4 The CSRD will consider regulating commercial signage through the zoning bylaw.

Resort Commercial Uses

5.3.10 Resort Commercial uses may be considered throughout the plan area and should meet thefollowing criteria:

a. accessible to adequate transportation routes;

b, capable of being serviced with municipal, private or public utilities;

c. capable of being sufficiently buffered from adjacent non-compatible land uses to ensure thequality of life (e.g. character and integrity of quiet rural residential area) of those and adjacentoccupiers;

d. accessible to community services, recreation and open space;

e. cognizant of, and addressing special site features such as mature vegetation, landscaping,topography, adjacent development, environmental sensitive habitat and wildlife corridors, andview sheds; and

f. all parking requirements, as specified in the zoning bylaw shall be provided on site.

g. may include primary and accessory residential uses in conjunction with the ResortCommercial use.

New Resort Commercial Developments should consult and implement strategies from the BestPractices Guide for Resort Developments in British Columbia, September 2005, Province ofBritish Columbia,

Section 5.4 of the OCP designates a Commercial Development Permit Area (CDPA) for the purposeof establishing objectives for the form and character of commercial development. A CommercialDevelopment Permit will therefore need to be issued prior to any new construction of, addition to oralteration of buildings or structures on the subject property.

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Electoral Area 'B' Zoning Bylaw No. 850

The subject properties are currently zoned RR2 - Rural Residential. The RR2 zone is summarizedas follows:

Principal uses: agriculture day care

horticulture

single family dwelling standalone residential campsite

Secondary Uses: accessory use

bed and breakfast home occupation residential campsite secondary dwelling unit

The minimum parcel size created by subdivision is 2.0 ha.

Proposed Zone: RC2 - Resort Commercial 2

The RC2 zone is summarized as follows:

Principal Uses: backcountry lodge lodge single family dwelling tourist cabin

Secondary Uses: accessory use

secondary dwelling unit

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Regulations:

COLUMN 1MATTER REGULATED

(a) Minimum parcel size created bysubdivision

(b) Minimum parcel width created bysubdivision

(c) Maximum parcel coverage(d) Maximum number of single family

dweiiings per parcel (subject to Section3.7ofthis6y/aw)

(e) Maximum number of secondary dwellingunits per parcel (subject to Section 3.15of this Bylaw}

(f) Maximum gross floor area of secondarydweHing unit

(g) Maximum number of tourist cabins(h) Minimum number of sleeping units(i) Maximum number of sleeping units per

parcel(]) Maximum number of guests per parcel(k) Maximum height for:

K principal buildings and structures accesso/y buildings

(1) Minimum setback from: front parcel boundary

interior side parcel boundary

N exterior side parcel boundary

rear parcel boundary

COLUMN 2REGULATION

4 ha

30m

20%

one

one

shall not exceed 100 m2 or 60% ofthe gross floor area of the singlefamily

6 per ha4

15

30

11.5mK 10m

- 10m

10m

10m

N 10m

Screening

(4) All outside commercial storage, including the storage of garbage, shall be completelycontained within a landscape screen of not less than 2 m in height.

Proposed Zoning Amendment

Staff are proposing that a special regulation be used for this proposed development to restrict thepermitted uses on the subject property to those that the applicant is proposing. Staff is proposing toamend the RC2 zone to include a new special regulation for the subject property only, as follows:

Special Reg u lation

(5) This subsection, applies to Lot A, Section 14, Township 23, Range 2, West of the 6thMeridian, Kootenay District, Plan 5575, Except Plans 5614, 10031, and 10533, as shown

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on the map below. In the event of any discrepancy between the legal description of thelands and the map, the map governs.

a) Notwithstanding Section 5.14 (1) and (2), the only permitted uses on the subjectproperty, as shown hatched on the map below, are a 5 unit lodge, with accessory usesof a spa and sauna; helipad and restaurant which is for guest use only.

b) Notwithstanding Section 5,14 (3) (i), the Minimum setback from front parcel boundaryfor the lodge building only on the subject property, as shown hatched on the mapbeiow, is 1.5 m.

c) Notwithstanding Part 4, Table 1, parking for 7 cars and a loading space is required onthe subject property, as shown hatched on the map below.

5540NWi UK ROAD

I plan NEP19490

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Rem. N 1/2

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i?oA PlanNEP19135

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FINANCIAL:

This application is not the result of a bylaw enforcement action. There would be no financialimplications to the Regional District.

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KEY ISSUES/CONCEPTS:

Sewage DisposalThe applicant has provided a Record of Sewerage System for the property that has been filed withthe Interior Health Authority (IHA). This document indicates that sewage disposal for thedevelopment of a 6 bedroom Bed and Breakfast development is accommodated by a Type 2 septicsystem. Staff have reviewed the 1HA filing and have expressed some concerns over some of thecontent to the applicant and to the IHA.

Water SupplyWater for the proposed development will be provided by an onsite groundwater well that will be incompliance with the Drinking Water Protection Act.

GeotechnicalThe owner has engaged Interior Testing Services, who has provided a report, dated May 1, 2015which provides a geotechnical investigation of the site, although this firm was not involved with theconstruction of the new lodge facility. The report examines site slope conditions in respect of the newlodge building and a proposed helicopter landing site, in particular foundations for the proposedhelipad. The report provides recommendations regarding the suitability of the site to support theintended development.

A further report, dated June 3, 2015 has been received specifying the design characteristics for aretaining wall to be installed to support the proposed helipad.

AccessPrimary driveway access to this property is from Leidloff Road, a Cul-de-Sac off Mclnnes Road.Materials submitted with the application advise that guests proposing to stay at the lodge would not bedriving to the lodge, but rather they would all be picked up at the airport and shuttled to the site. Asurvey plan of the lodge building shows a proposed parking area just off Leidloff Road as well as agravel driveway down into the site. The plan does not illustrate the number of parking spaces provided.

Electoral Area 'B' Zoning Bylaw No. 851, in Part 4 requires off-sfreet parking and loading spaces.Unfortunately, Table 1 does not specify a parking requirement for a lodge, so staff have included a sitespecific requirement for 7 parking spaces and a loading space for the lodge facility.

Development PermitSection 5.4 of the OCP designates a Commercial Development Permit Area (CDPA) for the purpose ofestablishing objectives for the form and character of commercial development. A CommercialDevelopment Permit (DP) must therefore be issued prior to any new construction of, addition to oralteration of buildings or structures on the subject property. The owner has already constructed a newlodge building on the property without having first obtained a DP. The current OCP designation on thesite is RR2 which does not require a Development Permit.

Accessory Structures and UsesThere are some existing accessory buildings on the property that are proposed to be used for guestservices such as a spa and sauna.

RARA watercourse flows through the subject property, known as Turtle Creek. The watercourse has carveda significant gully through the property. The owner engaged Jeremy Ayotte, RPBio, as a QualifiedEnvironmental Professional (QEP) to perform a Riparian Area Assessment Report (RAAR) because

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proposed helipad development on the property is within 30.0 m of the watercourse. The RAAR wasfiled with the Provincial Riparian Area Assessment Report Notification System (RAARNS) on April 10,2015. The RAAR indicates that development is situated 22,0 m from the natural boundary of thewatercourse and that the Streamside Protection and Enhancement Area (SPEA) is 10.0 m.

Proposed Helicopter Flight OperationsThe applicant has provided a letter which describes proposed flight operations from the helipad on thesite. The information provided includes the following:

Helicopter will be a Eight single-engine machine; Helicopters will follow an east/west flight path which will mean that the helicopters will not

directly overfly neighbouring properties; A thick forest belt to the north side of the property will effectively buffer neighbouring properties

in that direction; Some landscaping is proposed on the east side of the property to help buffer neighbouring

properties in that direction; Flights will only occur in the winter months (December to April); Flights will only operate 5 days per week; Takeoffs are anticipated at 9:00 am with the helicopters returning at around 3:00 pm; and, 2 to 4 flight movements are anticipated per operational day.

Front Setback - IVIoTAs previously mentioned the owner has already constructed the lodge on the site. The owner had asurvey certificate prepared which indicated that a structural column supporting a deck on the front ofthe lodge building was situated 1.5 m from the front property line. The proposed site specific zone forthe property will include a reduction in the front setback from the required 10.0 m for the RC2 zone, tothe actual 1.5 m.

The Ministry of Transportation and Infrastructure (MoT) has a 4.5 m (1476') setback requirement fromall Highway Rights-of-Way. The Provincial setback area, is established in Provincial PublicUndertakings Regulation No. 513/2004 under Section 12. The applicant has initiated an application(2015-02036) to obtain a waiver to the Provincial Setback requirement from the Ministry ofTransportation and Infrastructure (MoT).

LodgeElectoral Area 'B' Zoning Bylaw No. 851 has defined a Lodge use as follows:

"LODGE is a building which complies with the definition of a "hotel" except that a lodge does notinclude a restaurant and areas used for public retail and public entertainment purposes;."

The applicant has advised that the proposed lodge building will contain a restaurant. The applicant hasadvised that operationally they will only be providing food service to guests. The site specific rezoninghas therefore included this use, with the stipulation that it be restricted for use by guests only.

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IMPLEMENTATION:

Consultation Process

CSRD Policy No. P-18 regarding Consultation Processes-Bylaws, recommends that a complexconsultation process be followed when considering combined OCP/Rezoning proposals. If the Boardendorses staffs recommendation, the applicant will be required to hold a public meeting. Neighbouringproperty owners will first become aware of the application for OCP and zoning amendments when theapplicant informs them of the public meeting and a notice of development sign is posted on the subjectproperty in accordance with Development Services Procedures Bylaw No. 4001 , adopted by the Boardat the June 18, 2015 regular meeting.

Referral Process

The following list of referral agencies is recommended:

Area 'B' Advisory Planning Commission; Interior Health Authority; Ministry of Transportation and Infrastructure; Ministry of Environment; Ministry of Forests, Lands and Natural Resource Operations; Ministry of Forests, Lands and Natural Resource Operations - Water Rights Branch; Ministry of Forests, Lands and Natural Resource Operations, Archaeology Branch; CSRD Operations Management; CSRD Financial Services; City of Revelstoke; Transport Canada/ Nav Canada; School District #83; and, All relevant First Nations Bands and Councils.

SUMMARY:

The applicant has applied to redesignate the subject property from RR2 - Rural Residential 2 to RC- Resort Commercial and to rezone from RR2 Rural Residential 2 to RC2 Resort Commercial 2 withsome specific provisions for the site. The proposal is to build a 5 bedroom lodge including arestaurant for guests only and accessory spa and sauna, and a helipad to house a heli-skiingoperation. Staff are recommending that the Board consider the bylaws for first reading, and endorsestaff's recommendation for the applicant to follow the complex consultation process and hold a publicmeeting regarding their proposal, Staff are also recommending that the Board consider directing staffto refer the proposed bylaws to referral agencies

LIST NAME OF REPORTS / DOCUMENTS:

1. Maps: Location, Orthophotos, OCP, Zoning

2. Site Survey Plans, Site Plan, Building Plans

Attached to BoardReport:0


Available fromStaff: D

Available fromStaff: a

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3. Electoral Area 'B' Official Community PlanAmendment (Hansford Land Corporation)Bylaw No. 850-8

4. Electoral Area 'B' Zoning Amendment(Hansford Land Corporation) Bylaw No. 851-7

5. RAAR

6. Geotechnical Reports



Attached to BoardReport:a

Attached to BoardReport:D

Available fromStaff: a

Available fromStaff: D

Available fromStaff: 0

Available fromStaff: 0

DESIRED OUTCOME:

That the Board endorse staff recommendations.

BOARD'S OPTIONS:

1.

3.

4.

Endorse recommendations. Bylaw No. 850-8 and Bylaw No. 851-7 will be given firstreading, the applicant wii! be required to follow the complex consultation process and theBylaws will be sent out to the referral agencies.

Decline first readings, Bylaw No. 850-8 and Bylaw No. 851-7 will be defeated. The fodgebuilding already constructed on the site could only be used as a single family dwelling anda DVP would be required to address setback regulations.

Defer.

Any other action deemed appropriate by the Board,

COMMUNICATIONS:

If the bylaws are given first readings they will be forwarded to the referral agencies. Agencycomments will be provided with a future Board report. If the Board endorses staff's recommendationfor the complex consuitation process, the applicant will be required to hold a public meetingregarding the proposal. Information regarding the public meeting will be provided with a future Boardreport.

REVIEWED BY: Date Signed Off(MO/DD/YR) Approval Signature of Reviewing Manager or Team Leader

Development Services

Development Services of 1^//.rOperations Management

Finance ^ ^1 fb .^Of'S^O

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Heli-ski Lodge Application

Documents

Transcript of Heli-ski Lodge Application