DISTRICT OF UADE DISTRICT OF HOPE HOPE REPORT/RECOMMENDATION TO COUNCIL 3500 LDP 41/18 DATE: November 26, 2018 FIL SUBMITTED BY: Jas Gill- Director of Community Development Cs oa ne arose Peon eta etre 7.04 CMe WNT) PURPOS! To obtain Couneits approval o prepare a Development Permit with Variance in order forthe applicant to proceed witha hotelestaurantconference centre development RECOMMENDATIOI Resolution #1 THAT a Rail & Highway Service Conidor Development Permit be prepared fr the property legally described as That Part of Distict Lot 60 Lying South of the Southern Limit of the Hope-Princeton Highway as shown on Plan H4 and West ofthe West Boundary of Section 11 Township 5 Range 28 West ofthe 6 Meridian, Yale Division Yale Distict Except Plan 39120, PID 014-767-945, 960 Old Hope Princeton Way to enable the owmerideveloper to proceed with the development of a hotel/testauranticonference centre; and FURTHER THAT the Director of Community Development be authorized to approve minor changes tothe Development Permit, and FURTHER THAT for purposes of the Development Permit vay period, the conditions of the Development Permit shall expte on November 28, 2020; and FURTHER THAT for purposes of any associated building permit, thatthe “substantial stat of any construction” shall mean the completion of any foundation for any of the proposed structures; and FURTHER THAT the site preparation and tree removal area be restricted to the development of ahoteltestaurant/conference centre only and not the overall site; and FURTHER THAT the Director of Community Development be authorized to endorse the Development Permit and associated documents Resolution #2 THAT Council approve the preparation of a Development Variance Permit to vary the Highway Commercial (C-2) maximum building height provision for a principal building or structure in Zoning Bylaw 1324, 2012 from 15 metres (49.5 feet) to 18.6 metres (61 feet) in trder to construct hotel, restaurant and conference centre on the property legally Pi91Page described as That Part of District Lot 80 Lying South of the Southem Limit of the Hope- Princeton Highway as shown on Plan H84 and West of the West Boundary of Section 11 Township 5 Range 26 West of the 6" Meridian, Yale Division Yale District Except Plan ‘39120, PID 014-767-945, 950 Old Hope Princeton Way; and FURTHER THAT in accordance with the District of Hope Procedures Bylaw 19/93, the Local Government Act and the Community Charter authorize staff to issue a notice of intent to consider the approval of the Development Variance Permit fo the neighbouring property ‘owners including the Ministy of Transportation and Infrastructure. ANALYSIS: A. Rationale: Proposal - The developer would lke to reiniiate the project to develop a hotelrestauranticonference centre on the property. In an effort to manage expectation, the drawings presented indicate the corporate franchise Best Western; however, there is a possibilty that this franchise could change as this project progresses. The developer has ‘an overall development plan for the site; however, its important to note that this application is specific to the development currently being proposed (hotel/estaurant/convention centre) and should not be misconstrued as an application for the developer's overall development plan for the entire site, Background ~ The developer is well known to District staff as they were the developer's who brought Tim Hortons to the District and also tried to introduce a hotelrestauranticonvention centre at 150 Old Hope Princeton Way. Unfortunately, the developer's efforts came to an end at 150 Old Hope Princeton Way. In 2015, the developer relocated his hotel/restaurant/convention centre proposal to 950 Old Hope Princeton Way with new partnerships, (On February 23, 2015, Council approved a form and character Development Permit (DP) for the subject site; however, that approval has now expired. Section 504 of the Local Government Act states "subjoct fo the torms of the pormit, i the holder of a fand use permit does not substantially start any construction with respect fo which the permit was issued wihin 2 years alter the date itis issued, the permit lapses.” On February 27, 2017, the expired 2018 Development Permit with a Variance project was reintroduced to Counci Council did approve the application; however, the proposal being introduced today has changed too significantly for it to be considered a minor amendment to the former application. This "new" application requires the necessary approvals including Counci’s confirmation or acceptance of conditions. on bondingivoluntary contributions previously approved in the former applications. “The overall size ofthe propery is approximately 18.40 acres and the proposed development (building and parking lot) is to occupy approximately 3.5 acres. The property is zoned Highway Commercial (C-2) which permits a hoteVtestaurant/conference centre. Development Permit (DP) Form & Character ~ The development meets the expectations of the Rail & Highway Service Corridor DP for form character. The spit level building can be broken into four main decorative components, ‘The first is the “heathered moss" green color hardie plank siding that makes up the predominant wall faces excluding the windows P192Pages ‘of doorways. The secondary wall faces that are tucked away under roof overhangs have sandstone beige hardie plank siding. Secondly, the siding Is contrasted with exposed stained wood fascia boards that follow the predominant rooflines or are structural components (beam and post). The windows are accented with white tim, Thirdly, the building has a decorative stone veneer base that follows the ground floor. Finally, any peaked portions of roof that contain wall face, all have a cedar shakes accented with exposed stained wood fascia board, Signage elements wil maintain their corporate theme to retain brand recognition, Overall, staf feels thatthe proposal is complementary to the area and should be sulficient to ‘atioty the applicable DP guidolincs. Development Variance Permit (DVP) ~ Typically in the C-2 zone, the maximum building height is 15 metres. The applicant requires 18,6 metres for their development. The building height increase is due to a combination of things. Many hotel franchises (like Best Western) have a standard of nine-foot celings for all guest rooms, Requesting such a variance will also provide flexibility when it comes to construction type and material (prefabricated ‘modular verses stick frame). The substantial change to the hotel isthe spli-level approach Which technically increases the building height. In accordance with the definition of Building Height in our Zoning Bylaw: “means the vertical distance from the average finished grade at the perimeter of a building or structure fo: (a) the mid-point between the elevation of the highest eaves and the highest ridge in a pitched roof building (AM#1343) ‘The majority of the proposed building footprint occupies a lower contour at the sloped site which increases the depth of the average finished grade and in turn increases the building height. Voluntary Contributions and Council Confirmation ~ Staff felt it was important to give Council some background as to how the voluntary contribution tem came about: At the February 23, 2015 Council meeting, Council had the following questions: ‘+ "Will the previous Voluntary Contributions continue to apply from the application at 10 Old Hope Princeton Way?” ‘+ "Can we obtain a Performance Security should the developer abandon the project?” ‘The answer to the first question is "no", There Is no obligation or connection with the Voluntary Contributions to the new property. The covenant registered on the property ttle at 150 Old Hope Princeton Way is tied to the former development proposal on that site. Furthermore, these types of agreements are not best practices To answer the second question, itis possible that a Performance Bond or Letter of Credit ‘could be carefully worded to accomplish this, but the problem is that finances are tied up in securities that could affect the cash flow required to do the project. The developer indicated that funds would be more available once the project is complete, but this does not provide any protection that the project will just be dropped half way through construction. Tying anything to the property tile is not an option as it does not tle the developer to any commitments, P193