REGIONAL DISTRICT OF NORTH OKANAGAN

Transcription

1 REGIONAL DISTRICT OF NORTH OKANAGAN MINUTES of a DELEGATED PUBLIC HEARING of the REGIONAL DISTRICT BOARD held in the National Altitude Training Centre at Silver Star Mountain on TUESDAY, DECEMBER 30, 2003 Members: Director S. Field (Chair) Electoral Area C Director J. Oglow City of Armstrong Director R. Fairbairn Electoral Area D Staff: M. Stamhuis General Manager, Community and Infrastructure Services R. Smailes Planner L. Mellott Executive Assistant Resource A. Pattison Planner Consultant Persons: Also Present: 44 in the public gallery The Chair called the Delegated Public Hearing to order at 1:00 p.m. The Chair thanked the public for attending the Delegated Public Hearing and introduced Regional Board Directors and Staff. Members of the audience who wish to speak were requested to stand at the podium and clearly state their name and address. The audience was advised that the hearing is not a debate, but is an opportunity for members of the Regional Board to hear views concerning the proposed bylaw. The Chair introduced the Consultant Planner, who read an Opening Statement regarding rules of the Delegated Public Hearing. 1. Bylaw 1862 Rezoning Bylaw No. 1862, 2003 (Silver Star Ski Resort Ltd.) Purpose: A bylaw to rezone lands and amend the Zoning Map attached to Zoning Bylaw No. 725 to change a zone designation The Planner Consultant read out letters received prior to the Delegated Public Hearing. i. Letter from J.S. Dickson Leach December 16, 2003 A letter dated December 16, 2003 was received from J.S. Dickson Leach, requesting that any rezoning will ensure that the beauty of the mountain is retained and that the quality of facilities is retained. ii. Letter from Alan and Joleen Wilson December 19, 2003 A letter dated December 19, 2003 was received from Alan and Joleen Wilson, 255 Silver Creek Hotel, which stated that the proposed building height is inconsistent with the rest of development at Silver Star Mountain. It was noted that a building of four storeys or

2 Regional Board Delegated Public Hearing December 30, 2003 less would be acceptable. Concern was also expressed regarding the setback of seven metres from the Silver Creek Hotel and it was noted that it is critical to maintain ski-in / ski-out access lanes for the Silver Creek Hotel. iii. Letter from Blair and Eunice Mooney December 28, 2003 A letter dated December 28, 2003 was received from Blair and Eunice Mooney, 455 Silver Creek Hotel, which expressed concern that the proposal will have a negative impact on their view and ski-in / ski-out access. It was also noted that noise, traffic, vandalism and theft will all increase with a large development. It was requested that skiin / ski-out paths be maintained, sightlines be maintained for Silver Creek Hotel from the roof and top floor, a buffer of at least 20 metres from adjacent buildings be provided and financial compensation be provided to all Silver Creek Hotel owners for property devaluation. iv. Development Services Department Information Report dated December 17, 2003 The Planner Consultant advised that the recommendation is that Rezoning Bylaw 1862, 2003 be adopted. He noted that as a condition precedent, it is recommended that a Covenant be registered: 1) to prohibit submission of a Building Permit application until a Water Servicing Agreement is in place; and 2) to prohibit the occupancy of any buildings on the subject property until improvement works are undertaken to Silver Lode Lane as outlined by the consulting engineer (D.C. Ponto and Associates Ltd.). v. Engineering Report re: improvements on Silver Lode Lane The Planner Consultant advised that a letter had been received from D.C. Ponto and Associates Ltd. dated November 6, 2003, outlining a new engineering plan for Silver Lode Lane for the corner in front of Silver Lode Inn and suggesting additional improvements adjacent to the Chilcoot Inn. vi. Gage-Babcock & Associates Ltd. Fire Protection Engineers Report The Planner Consultant advised that a report had been received from Gage-Babcock & Associates Ltd. dated December 2, 2003 concerning fire protection for the proposed development with particular reference to the capabilities and the requirements from the Silver Star Volunteer Fire Department. Paul Plocktis advised that plans for development are significantly reduced from those outlined in the Official Community Plan, which had a much larger development planned to the East and the chairlift was slated to be moved beyond that development. He noted that the northern portion of Block W was previously rezoned to C.6 Zone and the Resort is applying to rezone the south portion to C.6 Zone as well. Mr. Plocktis advised that the main issue is traffic through Silver Lode Lane. Vehicular traffic to the bottom portion of the site will be limited with the majority of traffic to go through the top portion. All parking is planned to be undercover. Design guidelines will be registered to ensure that the building fits in with existing architecture. The bottom portion of the site will be commercial and will extend the boardwalk feel on Main Street. There are no plans to

3 Regional Board Delegated Public Hearing December 30, 2003 create access to Block W through Main Street. An architect has been hired to create a concept that would allow the Rezoning application to move forward. Mr. Plocktis introduced Pat McCusker, Architect. Mr. McCusker stated that the concept is to extend the village centre and draw people through the village by creating more amenity areas. He noted that ski access from the Silver Creek Hotel will not be blocked and stairways are proposed. The site is very steep and there are only two areas that are proposed to be 6-7 storeys. Most of the buildings will be 3-4 storeys in an effort to maintain the height feel of the whole village. Murray Thom, 250 Monashee Road, presented a written report to the hearing wherein he outlined the guiding principles of the Official Community Plan and the Zoning Bylaw regulations, which point out the need for additional design work to be done before the proposed development could be considered in harmony with these bylaws. He also presented an outline of the discussions of the Standing Committee pursuant to this matter. He suggested that because of the additional work that is needed, the application be deferred pending completion of the Official Community Plan and Zoning Bylaw currently being undertaken. He also noted that the timeline for the preparation of these new bylaws would not interfere with the proposed development plans. Walter Duncan, 305 Grandview, expressed concern regarding the lack of advertising. He stated that he received assurance at the 2002 Annual General Meeting that ski-in / ski-out access would be maintained between buildings, which is not accomplished with stairways. He requested that the application be deferred until the Silver Star Community has had a chance to thoroughly review the proposal. He also noted that a seven-storey building is not in keeping with the concept of the area. Jim Skinner, Silver Creek Hotel, presented a written report to the hearing wherein he expressed concern with the proposed building height and the preservation of view corridors. Concern was also expressed regarding parking for the entire project and vehicle access to Phase I. The Consultant Planner advised that the Official Community Plan provides guidelines for development permits, which are not obligatory. Issues of height, parking, fire access and other site-specific issues are addressed at the development permit stage, which is the next step if the rezoning application is approved by the Regional Board. Michael Stanger, 145 Silver Lode Lane, presented a written report to the hearing wherein he expressed concern with proposed changes to the Silver Lode Lane access. It was noted that build out of the road to the exact side of the easement would further encroach on his property and endanger trees, as well as affect enjoyment of his front yard. Mark Gilley, 135 Silver Lode Lane, stated that traffic associated with construction should be restricted on Silver Lode Lane. He noted that Silver Lode Lane is already narrow and is a considerable hazard for people walking with skiis. Denis Smith, 9864 Pinnacles Road, stated that there is already a considerable amount of traffic on Pinnacles Road and he is concerned about the increase in traffic as a large portion of parking is proposed to be accessed via Pinnacles Road.

4 Regional Board Delegated Public Hearing December 30, 2003 The Consultant Planner advised that Pinnacles Road will be upgraded with new pavement all the way back to Silver Star Road. He noted that the width will be re-established with new gravel shoulders. Paul Plocktis stated that Pinnacles Road will be reconstructed to Highway standards and that the right-of-way width will not change. Ken Wood, 368 Silver Creek Hotel, stated that he is not opposed to development on Silver Star Mountain. He expressed a concern about increased traffic noise on Silver Lode Lane. He noted that ski-in / ski-out access is not preserved with stairways. He expressed concern regarding the buffer of seven metres. He stated that a seven-storey building would block his view. He also expressed a concern regarding water availability and that current residents should not be required to pay for additional water. Margaret Johnston, Silver Creek Hotel, expressed concern regarding environmental considerations, water supply, sewage system and preservation of ski-in / ski-out access. She noted that placement of the hostel ruined her view and created noise and traffic problems, as well as increased vandalism. She suggested that property owners at Silver Creek Hotel be substantially compensated. She questioned what effect opposition to the rezoning application will have. The Planner Consultant advised that the process for rezoning applications is set out in the Local Government Act and Regional District Bylaws. The public hearing is the formal process and the matter will be presented to the Regional Board as a whole and they will make a decision as to how to proceed. The Regional Board will be guided by the Official Community Plan and the Zoning Bylaw. He noted that ski-in / ski-out access, height, etc. will be dealt with at the Development Permit stage, if the Regional Board approves the rezoning application. It was noted that additional water sources are required and will be paid for by the developer. He informed the audience that sewer is a private utility. He stated that a letter would be required from the sewer utility provider stating that sewer service would be provided before any Building Permit could be issued. Mike Lindsay, 255 Monashee Road, noted that at the last Standing Committee meeting some matters were left unresolved regarding the fire protection report. He also noted his concern about the impact on the Solid Waste service. The Planner Consultant noted that the Regional District had received the Gage-Babcock report dated December 2, 2003, which had no specific recommendations to be considered and that the existing fire department equipment levels and volunteer roster are adequate for the type of attack that would be needed for the proposed buildings. He also noted that some additional matters would be required to be considered at the Development Permit stage. Mr. Stamhuis noted that the proposed development would not impact the existing capacity of the Solid Waste Transfer Station. Gregg Cancade, 280 Monashee Road, expressed concern that the fire department operational plan should be reviewed by an independent consultant. He also questioned who will ascertain if the Water Service Agreement is adequate. He stated that a letter from the sewer utility is not sufficient to satisfy sewer requirements and that the Regional District is obligated to ensure there is sewer capability. He noted that residents should not be required to contribute to the cost of new development and that the developer needs to recognize the full cost, including fire service, sewer and water.

5 Regional Board Delegated Public Hearing December 30, 2003 Eric Young, 655 Monashee Road, expressed his opinion that the Official Community Plan and Zoning Bylaw should be undertaken before approval of this project. He expressed concern that the Development Permit and Building Permit processes happen at arm s length. James Lusk, 452 Silver Creek, expressed concerns regarding the impact on property values, setback from the hostel and ski-in / ski-out access. He advised that the area appears to be a soil drainage area with a small creek and drainage ditch, and he expressed concern regarding soil integrity. Eric Matson, 372 Silver Creek Hotel, expressed concerns regarding ski-in / ski-out access and setbacks. He stated that the sense of openness and sightlines are exceptional at present and the proposal would significantly diminish those features. He requested that the development be done while maintaining the character, integrity and sense of community. Mike Lindsay, 255 Monashee Road, questioned what further information the Regional Board will require before making a decision on the rezoning application. Director Field advised that the Regional Board will review staff recommendations. He stated that many changes could be made to the development concept prior to Development Permit approval stage. Murray Thom, 250 Monashee Road, stated that once the Public Hearing is closed, the public and the developer are no longer allowed to provide input to the Regional Board. He noted that the Standing Committee was permitted to consider form and character at the Development Permit stage, however, this will no longer be a function of the new Services Committee and the only connection will be the Technical Committee. The Planner Consultant advised that the Regional Board has retained two consultants in the past to monitor the fire department capabilities and independent reports are available. The Water Servicing Agreement will be negotiated between the Regional District and the developer and must be in place before any Building Permits are issued. Eric Young, 655 Monashee Road, requested that the Resort make the next set of development plans available for public comment. Bob Curzey, 125 Silver Lode Lane, expressed a concern regarding access along Silver Lode Lane. He suggested that underground parking be provided at each of the phases with delivery access to and from the commercial buildings to improve traffic flow. Margaret Johnston, Silver Creek Hotel, requested that the Regional Board consider that Silver Star is a unique, small, and family-friendly place and that properties were purchased because of the many environmental amenities. She stated that once trees are gone they are gone forever and so is the peace and quiet. A concern was expressed regarding snow storage. It was noted that Creekside has to pay for snow removal. At present, Silver Lode Lane gets scooped out onto the hill, which will not be possible with the proposed development. It was noted that the cost of snow removal should be taken into consideration.

6 Regional Board Delegated Public Hearing December 30, 2003 Mike Lindsay, 255 Monashee Road, questioned what other opportunities the public will have to address the Regional Board. The Planner Consultant advised that the Public Hearing was delegated to Director Field, who will be reporting to the Regional Board on this matter. By law, no further input is permitted from the public once this Delegated Public Hearing is closed. Gregg Cancade, 280 Monashee Road, questioned the availability of meeting minutes. The Planner Consultant advised that Minutes will be available to the public via the Regional District website. He noted that Director Field s report to the Regional Board will be verbal. Mark Gilley, 135 Silver Lode Lane, questioned how additional traffic on Silver Lode Lane will be restricted. The Planner Consultant advised that barricades on Silver Lode Lane define a road width following Ministry of Transportation specifications. He advised that Mr. Gilley s comments regarding concerns for pedestrian safety will be noted in the Minutes. Liz Curzey, 125 Silver Lode Lane, expressed concern that Silver Lode Lane is already congested and the proposal will increase both vehicular and pedestrian traffic. She also expressed concern regarding access to the village. Bonnie Matson, 372 Silver Creek Hotel, requested that the Resort speak to the public once the Delegated Public Hearing is closed and the Regional Board Directors have left the room. There was no one further in the public gallery to speak to this bylaw. ADJOURNMENT There being no further business, the Delegated Public Hearing was closed at 2:30 p.m. Certified Correct: Chair Corporate Officer