Regional District of Kootenay Boundary Board of Directors believes it to be in the public interest to establish a new zone to allow the construction of a 75 metre high conference centre / multiple dwelling / mixed use building on Lot A, District Lot 4168s and 4183s, SDYD, Plan KAP74856.
The Proposed bylaw changes;

REGIONAL DISTRICT OF KOOTENAY BOUNDARY

Bylaw No. 1333

A Bylaw to amend the Big White Official Community Plan
Bylaw No. 1125, 2001 of the Regional District of Kootenay Boundary
WHEREAS the Regional District of Kootenay Boundary may amend the provisions of its Official Community Plans pursuant to the provisions of the Local Government Act;
AND WHEREAS the Regional District of Kootenay Boundary Board of Directors believes it to be in the public interest to amend the Big White Official Community Plan to clarify that a maximum floor area ratio of 2.5 may be permitted for a conference centre building if located on Lot A, District Lot 4168s and 4183s, SDYD, Plan KAP74856;
AND WHEREAS the Regional District of Kootenay Boundary has considered the requirements under Section 879 of the Local Government Act with respect to early and ongoing consultation;
AND FURTHER pursuant to the Local Government Act Regulation; BC Reg. No. 279/2003, proposed Official Community Plan Amendment Bylaw No. 1333 does not require the Minister’s approval under Section 882(4) of the Local Government Act;
NOW THEREFORE the Regional District of Kootenay Boundary Board of Directors, in open and public meeting assembled, enacts the following:
1. This Bylaw may be cited as Regional District of Kootenay Boundary Official Community Plan Amendment Bylaw No. 1333, 2007.
2. Insert the following text after ‘As the central focus for the entire resort community, high density uses are justified in the Village Core. Floor area ratios in such commercial areas may therefore be in the vicinity of 2;’ in Section 3.12.4:
For a conference centre building, the floor area ratio may be as high as 2.5 if located on Lot A, District Lots 4168s and 4183s, SDYD, Plan KAP74856.
READ A FIRST AND SECOND TIME this 22nd day of February, 2007.
PUBLIC HEARING NOTICE ADVERTISED in the Kelowna Courier this 13th day of March, 2007 and this 14th day of March, 2007.
PUBLIC HEARING held on this 22nd day of March, 2007
READ A THIRD TIME this 29th day of March , 2007.
I, Elaine Kumar, Director of Corporate Administration hereby certify the foregoing to be a true and correct copy of Bylaw No. 1333, cited as "Regional District of Kootenay Boundary Official Community Plan Amendment Bylaw No. 1333, 2007" as read a third time by the Regional District of Kootenay Boundary Board of Directors this 29th day of March, 2007.
_____________________________
Director of Corporate Administration
RECONSIDERED AND FINALLY ADOPTED this 29th day of March, 2007.
_____________________________ ________________________
Director of Corporate Administration Chair
I, Elaine Kumar, Director of Corporate Administration of the Regional District of Kootenay Boundary, hereby certify that this is a true and correct copy of Bylaw No. 1333, cited as "Regional District of Kootenay Boundary Official Community Plan Amendment Bylaw No. 1333, 2007".
_____________________________________
Director of Corporate Administration

REGIONAL DISTRICT OF KOOTENAY BOUNDARY

BYLAW No. 1334

A Bylaw to amend Big White Zoning Bylaw No. 1166, 2001
of the Regional District of Kootenay Boundary
WHEREAS the Regional District of Kootenay Boundary may amend the provisions of its Zoning Bylaws pursuant to the provisions of the Local Government Act;
AND WHEREAS the Regional District of Kootenay Boundary Board of Directors believes it to be in the public interest to establish a new zone to allow the construction of a 75 metre high conference centre / multiple dwelling / mixed use building on Lot A, District Lot 4168s and 4183s, SDYD, Plan KAP74856;
NOW THEREFORE the Regional District of Kootenay Boundary Board of Directors, in open and public meeting assembled, enacts the following:
1. This Bylaw may be cited as Regional District of Kootenay Boundary Zoning Amendment Bylaw No. 1334, 2007.
2. The Zone title ‘VC6B - Village Core 6B Zone’ will be added to the list of zones after the ‘Limited Village Core 6A Zone’ in Section 401 of Big White Zoning Bylaw No. 1166, 2001.
3. The following text be added to Big White Zoning Bylaw No. 1166, 2001 as the new ‘Village Core 6B Zone’ immediately following Section 406A.10:
406B VILLAGE CORE 6B ZONE
1. Subject to compliance with the general provisions in Part 3, the following provisions shall apply in the Village Core 6B Zone.
2. Permitted Uses
(1) In the Village Core 6B Zone the following uses of land, buildings or structures, and no other uses, are permitted:
(a) Accessory uses, buildings and structures;
(b) Art gallery;
(c) Business, administrative and professional office;
(d) Casino and gaming centre;
(e) Conference centre;
(f) Day-care facilities;
(g) Eating and drinking establishments;
(h) Financial institution;
(i) Health salon and fitness centre;
(j) Multiple family dwelling;
(k) Neighbourhood pub;
(l) Personal services establishments;
(m) Recreational and entertainment facilities;
(n) Retail stores;
(o) Ski rental facility;
(p) Ski school sales;
(q) Sports shop; and
(r) Ticket sales.
(2) Notwithstanding Section 406B.2(1)(d), the “Casino and Gaming Centre” use is only permitted in combination with a Conference Centre use. For certainty, the Casino and Gaming Centre is not permitted in the Village Core 6B Zone until after all the uses identified in Sections 406B.2(1)(e)(g)(i)(j)(l) and (n) have been constructed on the parcel have received final occupancy permits and are fully operational and unless those uses continue to be in existence and operation on the land in the zone.
(3) Notwithstanding Section 402B.2(1)(j), the “Multiple Family Dwelling” use and associated accessory uses and buildings shall only be constructed and occupied in combination with a Conference Centre. For certainty, a Multiple family Dwelling use is not permitted in the Village Core 6B Zone unless there is in existence and operation on the land in the zone a Conference Centre, or all necessary Regional District authorizations have been issued for such a Conference Centre and the Conference Centre is under construction. For the purposes of this subsection only, a Conference Centre shall be deemed to be in existence and operation on the land in the Village Core 6B Zone for five years
following the issuance of the first building permit for a building for a Multiple Family Dwelling use, the intent of this provision being solely to permit the construction and occupancy of a Multiple Family Dwelling building during the period of time in which associated Conference Centre facilities are being designed and constructed. Land and buildings in the Village Core 6B Zone shall not be used for Multiple Family Dwelling use or any associated accessory uses after the date that is five years following the date of issuance of the first building permit for a building for Multiple Family Dwelling use, unless there is actually in existence and operation on the land in the Village Core 6B Zone a Conference Centre or all necessary Regional District authorizations have been issued for such a Conference Centre, and in the latter case the Multiple Family Dwelling use and any associated accessory uses are not permitted after the date that is eight years following the date of issuance of the first building permit for a building for the Multiple Family Dwelling use if by that date construction of the Conference Centre has not been completed and the Conference Centre is not fully operational.
3. Floor Area Ratio
No parcel in the Village Core 6B Zone shall have a Floor Area Ratio in excess of 2.5.
4. Minimum Parcel Area
The minimum required parcel area in the Village Core 6B Zone is 3.5 hectares.
5. Lot Coverage
Buildings and structures together in the Village Core 6B Zone shall not cover more than 60 percent of the gross parcel area.
6. Setbacks
(1) In the Village Core 6B Zone, no building or structure or part thereof except a fence shall be located within:
(a) 4.5 metres of a front or exterior side lot line;
(b) 5 metres of an interior side lot line;
(c) 4 metres of an exterior side or rear lot line.
(2) In the Village Core 6B Zone, no building or part thereof shall be located within 250 metres of the westerly-most point of the parcel.
7. Building Separation
Where multiple buildings containing dwelling units are located on a single parcel of land in the Village Core 6B Zone, a separation distance of 2 metres measured between eaves shall be maintained between buildings.
8. Height
No building in the Village Core 6B Zone shall exceed 75 metres in height.
9. Amenities for Additional Multiple Family Dwelling Density
(1) Base Density: No more than 27,000 square metres of floor area may be utilized for dwelling units as part of a Multiple Family Dwelling in the Village Core 6B Zone unless in accordance with Section 406B.9(2)
(2) Amenity for Bonus Density: The floor area for dwelling units as part of a Multiple Family Dwelling may exceed 27,000 square metres, up to the maximum developable under the application of other sections of the Village Core 6B Zone, upon the provision of the amenity of a minimum of 6,000 square metres of internal space generally available for public access each day, including on the ground levels of buildings in this zone, and which may include the following areas: lobby; pre-function areas; meeting rooms; ballrooms; health salon, pool and fitness centre; eating and drinking establishments; personal service establishments; ski services; and retail stores.
10. Parking
(1) Off-street parking shall be provided in accordance with Section 317 of this Bylaw.
(2) Notwithstanding Section 317(4), for developments within the Village Core 6B Zone, up to 50 percent of required off-street parking spaces for all uses may be provided on land other than that in respect of which the spaces are required, provided that:
(i) no parking stall is located further than 400 metres from the nearest building entrance on the parcel where the building, structure, or use requiring provision of parking is located;
(ii) no transfer of required off-street parking spaces shall be made to Crown land;
(iii) in no case shall any transfer under this regulation reduce or otherwise compromise the availability of required off-street parking spaces for the parcel to which the off-street parking requirement has been transferred; and
(iv) an easement or covenant in favour of the Regional District is registered against the title of the parking site, requiring that it be used to provide the required number of parking spaces for the building, structure, or use which requires the parking.
11. Loading
(1) Loading spaces shall be provided in accordance with Sections 317 and 318 of this Bylaw. (2) Notwithstanding Section 318 (2)(b), in the Village Core 6B Zone off-street loading facilities shall be set back a minimum of 4.5 metres from the designated fronting street.
4. Schedule 'A' of Big White Zoning Bylaw No. 1166, 2001 is amended by rezoning Lot A, District Lot 4168s and 4183s, SDYD, Plan KAP74856 indicated on the attached Schedule 'Y' from ‘Village Core 6 (VC6)’ and ‘Recreational Resource 1 (REC1)’ to Village Core 6B (VC6B)’:
5. The Big White Zoning Bylaw No. 1166, 2001 is amended by making the following additional text changes:
i) The following “Multiple Use Parking Credit” provision be added as Section 317(13)as follows:
Notwithstanding the number of off-street parking spaces required under Section 317(1), where buildings on a parcel contain more than one use, the total parking requirement for all uses may be reduced in accordance with the following schedule:
Total Number of Off-Street Parking Spaces Required Pursuant to Section 317 (1)
Permitted Reduction to Determine Multiple Use Parking Requirement
Less than 300 spaces
No reduction
301 to 400 spaces
2.5%
401 to 500 spaces
5.0%
501 to 600 spaces
7.5%
601 to 700 spaces
10.0%
701 to 800 spaces
12.5%
801 to 900 spaces
15.0%
901 to 1,000 spaces
17.5%
Over 1,000 spaces
20.0%
ii) Replace all the text in Section 317(6) with the following:
For buildings containing three or more dwelling units, the proportion of required off-street parking spaces that must be covered shall be in accordance with the following schedule:
Total Number of Off-Street Parking Spaces Required Pursuant to Section 317 (1)
Proportion of parking spaces that must be covered
Less than 300 spaces
66%
301 to 400 spaces
64%
401 to 500 spaces
62%
501 to 600 spaces
60%
601 to 700 spaces
58%
701 to 800 spaces
56%
801 to 900 spaces
54%
901 to 1,000 spaces
52%
Over 1,000 spaces
50%
iii) Add the following to the parking standards to the ‘Commercial’ category under Section 317(1):
l) Meeting Rooms/Ballrooms/Assembly Use 1 space per 60 Sq. m. m) Nightclubs 1 space per 60 Sq. m. n) Casinos and Gaming Centres 1 space per 25 Sq. m.
iv) Add the following definition to Section 103 immediately following the definition for ‘Concealed’:
Conference Centre means an establishment used for the holding of conventions, seminars, workshops or similar activities which contains a minimum floor area of 6,000 square metres utilized for the following purposes: lobby; pre-function areas; meeting rooms; ballrooms; health salon, pool and fitness centre; eating and drinking establishments; personal services establishments; ski services; and retail stores.
READ A FIRST TIME this 22nd day of February, 2007.
READ A SECOND TIME this 22nd day of February, 2007.
PUBLIC HEARING NOTICE ADVERTISED in the Kelowna Courier this 13th day of March, 2007.
and also
this 14th day of March, 2007.
PUBLIC HEARING held on this 22nd day of March, 2007.
READ A THIRD TIME this 29th day of March, 2007.
I, Elaine Kumar, Director of Corporate Administration, hereby certify the foregoing to be a true and correct copy of Bylaw No. 1334, cited as "Regional District of Kootenay Boundary Zoning Amendment Bylaw No. 1334, 2007" as read a third time by the Regional District of Kootenay Boundary Board of Directors this 29th day of March, 2007.
____________
Director of Corporate Administration
RECONSIDERED AND FINALLY ADOPTED this 29th day of March, 2007.
_______ _________________________________
Director of Corporate Administration Chair
I, Elaine Kumar, Director of Corporate Administration of the Regional District of Kootenay Boundary, hereby certify that this is a true and correct copy of Bylaw No. 1334, cited as "Regional District of Kootenay Boundary Zoning Amendment Bylaw No. 1334, 2007".
_____________
Director of Corporate Administration

Background;

The major hotel "The Chateau Blanc at Big White" will be the first 4 diamond hotel at Big White. Some of the hotel's features include; 600 rooms, a casino, conference centre, and a variety of retail. It's projected completion will be for the 2009/10 season. It plans to operate July through the end of the ski season. At the Big White Community Association Annual General Meeting held November 9th, many members of the association voiced their concerns about the development. Gord McCleary Fire Chief for Big White addressed the issue of the impact on the fire department for the new hotel. The Chief is in the process of coming up with a gap analysis to see what the future needs of the Fire Department will be with the new hotel. This analysis is being funded by the developer. Future Policing issues were not addressed at the meeting.