HIGHPOINTE TERRACES Design Guidelines SALES: RE/MAX Kelowna 100-1553 Harvey Avenue Kelowna, BC V1Y 6G1 1.250.717.5000 [email protected] 1.250.470.8450 PROJECT DEVELOPER: Elkay Developments 407-2626 Croydon Drive South Surrey, BC V3Z 0S8 1.250.531.6573 ext. 5 DESIGN COORDINATOR: All Elements Design.Manage.Build 501-1630 Pandosy Street Kelowna, BC V1Y 1P7 1.250.486.7679 November 14, 2016 Table of Contents 1. 2. 3. 4. 5. 6. 7. 8. Construction Practices Design Approval Completion of Construction Siting Design Materials and Colours Landscape Elements Miscellaneous Restrictions on Use Schedule A Schedule B Schedule C Schedule D Design Review RU1 Zoning Bylaw Roof Heights and Geodetic Summary Retaining Responsibility p. 3 p. 4 p. 6 p. 6 p. 7 p. 11 p. 12 p. 16 p. 17 p. 27 p. 31 p. 33 Highpointe Terraces Design Guidelines Highpointe Terraces is a 49 lot single family residential development located on the last, and best, undeveloped site in Glenmore. Close to natural amenities such as Knox Mountain, along with all amenities in Kelowna, Highpointe Terraces will be a premiere location for your custom home. These Design Guidelines are intended to create a harmonious melding of the natural habitat with home styles and construction that will stand the test of time and create a consistently high quality neighbourhood. Modern Contemporary and Prairie style homes are encouraged and height limits will be imposed, where necessary, to preserve views. 2 1. CONSTRUCTION PRACTICES 1.1 No-build, no-disturb covenant areas A portion of most lots will be covenanted as no-disturb areas and many with no-build areas. The terms of the covenant must be adhered to and no landscape improvements are permitted within the no-disturb covenanted portions of the property. 1.2 Erosion control Erosion control mechanisms must be approved by the Design Consultant, installed and maintained, and kept in good working order. No lot shall have lot grading, drainage, or ground conditions that will result in water or loose impediments escaping from such lot onto adjoining properties. Damage/Clean up - Any damage and/or cleanup caused by the failure of erosion control mechanisms shall be the responsibility of the owner, the building contractor, the landscaping contractor, or any other person having control over the installation and efficiency of any such erosion control mechanisms. Charges will be deducted from the compliance deposit. 1.3 General 1.3.1 Legal Survey – it is the lot owner’s responsibility to determine the exact lot lines and boundary. 1.3.2 Site Grading Plan – must conform to the developer’s approved grading plan. 1.3.3 Driveway – the lot owner is to ensure the correct grade for the garage and sidewalk tie-ins and to ensure all shallow utility work is done prior to driveway placement. 1.3.4 Damage to utilities – all conditions of the site are considered to be sound, complete, and in full working order at the time of sale. It is the responsibility of the owner or the owner’s agent to bring any deficiencies to the attention of the developer prior to lot conveyance. Damage not reported will be the responsibility of the owner/builder. Repairs for damaged utilities during home construction will be completed by the developer and will be deducted from the owner’s compliance deposit or billed directly to the owner at the discretion of the developer. 1.3.5 Site Cleanup – all construction debris is to be organized daily and any trash piles are to be picked up no less than each Friday. All sites should appear visually organized and tidy. Construction garbage is the responsibility of the lot owner’s contractor – refuse containers cannot be placed on the road, street, or adjoining lot. Waste materials collected by the developer will be charged against the lot owner’s compliance deposit. 1.3.6 Insurance – must be maintained at all times. 3 1.3.7 Signage The City of Kelowna Sign Bylaw shall be met at all times. No more than one builder sign and/or Realtor For Sale sign, no greater than 24”x 30”, shall be placed on any lot. 1.3.8 Site Activities 1.3.8.1 Changing of oil, vehicle washing, or any maintenance of by non-owners is prohibited. 1.3.8.2 Cleaning of equipment on site is not permitted. 1.3.8.3 In order to respect the surrounding community and neighbours, no offensive language or loud music will be tolerated on site. 1.3.8.4 Dogs are not permitted on site. 1.3.8.5 Dust and noise control is the owner or their agent’s responsibility. 1.3.8.6 Blasting – no impact digging causing seismic vibrations can be undertaken without written approval of the developer and the developer’s Engineer and Geotechnical Consultant. Blasting is discouraged and approval may be withheld without cause or reason. The owner or agent must contact the developer in writing two (2) weeks prior to the blasting date with the detailed blasting and monitoring plan, plus provide evidence of geotechnical engineering oversight. 1.3.8.7 Roadways and sidewalks shall remain clean and clear at all times. If soiled and not resolved within two (2) days, the developer will hire a cleaning crew at the expense of the lot owner. The costs will be deducted from the compliance deposit. 1.3.8.8 Boundary of Construction – no material will be placed on another lot. 1.3.8.9 Parking is not allowed on other sites without the written permission of the lot owner. No overnight or weekend storage of vehicles or trailers is allowed on other lots. 1.3.8.10 Hours of construction and work are regulated by the City of Kelowna. 2. DESIGN APPROVAL 2.1 No building (house, garage, or other building) shall be constructed on any of the lots unless the builder(s)/building contractor(s) have, prior to commencement of construction, been approved by the developer or the design consultant. In the event a homeowner will be the builder, the consultant will review on a case by case basis. 2.2 No building, development, or other construction shall be commenced until the lot owner has submitted and, had approved by the developer or design consultant, a fully completed building application (Schedule A) along with such site plans, site grading, elevations (including geodetic height of highest point of the roof), primary dwelling, garage, and outbuilding drawings and specifications (including architectural styles, materials, and colour scheme), mechanical systems, including venting, and landscape plans as per Detailed Design Review Process Schedule A. 4 All professionals must be retained by the owner (eg. geotechnical, structural, civil, etc.) and are not the responsibility of the developer or design consultant. 2.3 The developer or design consultant, acting reasonably, may withhold approval in the event that the building application, plans, or specifications (including architectural styles) are not in compliance with the restrictions set out in this Design Guideline or do not adhere to specified design guidelines provided by the developer or the design consultant. The developer reserves the right to grant special approvals on house designs and landscape designs (the "Special Approval") for specific lots which have not been sold and which do not comply with the provisions set out in this building scheme if, in all respects, at the option of the developer, the design is architecturally acceptable. lf the Special Approval does not comply with some or all of the provisions of this building scheme, then such provisions are exempted from this building scheme as they apply to such lot. All other restrictions and provisions of this statutory building scheme will, nevertheless, remain in full force and effect with respect to such lot. The refusal or failure of the design consultant, acting in accordance with the terms of this Building Scheme, shall not be actionable by any person under any circumstances, it being the sole discretion of the design consultant to grant or withhold said approval subject only to the provisions herein stated. 2.4 The onus to follow the prescribed construction practices is on the builder. The compliance deposit is held by the developer to ensure compliance with, not only the design and completion stages of the house and landscaping, but also to ensure the prescribed construction practices including avoidance of the no disturb and no build covenant areas are followed. The refundable compliance deposit will be collected upon conveyance of the lot or, if earlier, upon commencing the design review, and must be paid in full to the developer. 2.5 No building or landscaping will be deemed to be approved by the developer until such time as a set of drawings and specifications marked "approved" and signed by the developer or the developer's agent are returned to the owner for submission to the City of Kelowna, as is required prior to the issuance of a building permit. Plans must be stamped by the consultant prior to building permit submission 2.6 Following design consultant written approval, a Development Permit, Environmental Permit, and/or any other such required permit may be required in addition to the Building Permit by the City of Kelowna. 2.7 Government Regulations - Owners must comply with all Provincial or Municipal laws, bylaws, or regulations. The Building Scheme is supplementary to these rules and regulations and is not intended to replace any Provincial or Municipal laws, bylaws, or regulations. 2.8 Zoning – No building, or part thereof, of any of the lot shall be occupied or used for any purpose other than as permitted by RU1 zone (City of Kelowna Zoning Bylaw 8000, Schedule B). 2.9 Invalidation of some or any of these restrictions or provisions, or any part thereof, by a judgment or order of a court of competent jurisdiction shall in no way affect any of the restrictions herein set forth which are not invalidated by such judgment or order, and any restrictions not invalidated shall remain in full force and effect. 3. COMPLETION OF CONSTRUCTION 3.1 Construction of the dwelling house, garage or outbuilding must commence within two (2) years of title to such lot being registered in the name of the first lot owner. If construction is not started within 2 years, the 5 compliance deposit will be forfeited and retained by the developer. 3.2 After issuance of the first building permit for the dwelling construction, the timing for completions shall be: 3.2.1 within sixteen (16) months: the exterior of the dwelling house, garage, any other outbuilding and driveway shall have been completed and an occupancy permit issued by the City of Kelowna. 3.2.2 within sixteen (16) months: all landscaping required by the developer or design consultant shall have been completed. 3.2.3 within six (6) months of construction commencement: all fill or extra soil from the excavation shall be removed from the lot at the lot owner’s expense. 3.3 If completion within such periods of time is rendered impossible due to inclement weather, strikes, walkouts, or other extraneous matters beyond the control of the lot owner, as reasonably determined by the developer, then completion will be extended to within two (2) months after the cessation of such inclement weather, strikes, walk-outs, or other extraneous matters beyond the control of such lot owner. 3.4 No dwelling shall be occupied by any person until construction of that dwelling, including the exterior finishing, is substantially completed, and an occupancy permit has been issued by the City of Kelowna for that dwelling. 4. SITING OF BUILDINGS In general, the lot layouts are intended to allow a property on the uphill side of the road to have a clear view over a property on the downhill side of the road. 4.1 All lot dwelling, garage, and outbuildings must conform to the individual lot site plans, including strict compliance to identified no disturbance and no build areas. 4.2 Any of such buildings or structures must be designed to minimize changes in site grading as established during the course of construction of subdivision improvements and infrastructure, plus comply with no build/no disturb covenant areas. Refer to sub-section 7.1.2 and Schedule D concerning Retaining Walls. 4.3 All lot areas, grading, and siting should be confirmed on site prior to design and construction. Relying on lot design site plans only is at the risk of onsite revisions and the developer is not liable for any variations to the final site grade. 6 5. DESIGN 5.1 Size: No dwelling house shall be constructed or maintained on any lot unless the minimum finished gross main floor area is: 1500 square feet (140 square meters) for one storey homes with no basements 1400 square feet (130 square meters) for one storey homes with basement 1150 square feet (107 square meters) main floor for multi-storey homes where the finished gross main floor area excludes garages, attics, open or screened porches, balconies, terraces, decks, lofts, basements, and permitted out buildings. 5.2 Height: The maximum height of the dwelling house, lot and building architectural features, and accessory buildings will be approved by the City of Kelowna and the developer or design consultant and will be subject to building heights established by registered restrictive covenant (as part of the Statutory Building Scheme) on title and as per attached Roof Heights and Geodetic Summary Schedule C. The submitted building plans MUST have the geodetic height clearly marked for the highest point of the house. Dwelling houses and other buildings, on lots other than upslope lots, which contain walls that exceed 20 feet (6.1 meters) in height, as measured from the lowest point on finished grade adjacent to the wall, will not be permitted. Houses and other buildings on upslope lots may have a 20 foot wall, but a roof line or decorative element must be present in order to break the wall face. 5.3 Elevations: No adjacent or opposite dwelling house shall be constructed or maintained with the same exterior elevation as a previously approved house. 5.4 Corner lot and high visibility (more than 1 visible elevation) sites: Require special attention to architectural diversity and consistent finish on both street facing sides – homes with the rear of the home visible from any street must be completed both front and rear to an equal caliber. Decks are not permitted to be the entire width of the front, rear, or any side of the home. They must be broken up to not allow a continuous railing. 5.5 Forms of construction: Some forms of construction will be discouraged including, but not restricted to, adobe, cob, log, chalet, rustic, minimalist box, single dimension fronted, or highly experimental design. 5.6 Ancillary buildings: Such as pool houses, garages, gazebos, and free standing storage buildings shall complement the architecture and materials/colour selection of the principle building. 7 5.7 Roof Generally, horizontal lines that follow the contours of the site will appear natural and consistent with the surroundings. The goal is to minimize the visual impact of buildings and thus the roofs must be low slope (up to 4/12 pitch), single pitch, or flat with large overhangs (minimum 36 inches, except flat roof). Under certain circumstances, a higher roof pitch may be considered, but will still be subject to max. geodetic heights. Fascia should be a narrow profile where possible, with detail to soffit, such as stepped designs. Roof penetration elements (flues, vents, etc.) shall be organized to minimize roof clutter and roof penetration, plus located, wherever possible, with consideration to view exposure. Rooftop mechanical equipment is not permitted, other than solar panels mounted flat on the roof. Chimneys with mechanical venting through must be capped with a chimney cap to hide the vent. Ancillary roof elements, such as dormers and cupolas, that have details inconsistent with the remainder of the residence, will not be permitted. No reflective roof materials are permitted when visible to other homes. Flat skylights will be permitted provided they are situated with minimal visibility from the street and match the window frame colours approved for the dwelling. 5.8 Gutters, downspouts and perimeter drainage Concealed (internal) drainage is encouraged whenever possible. When concealed drainage is not allowable, then all gutters and downspouts shall be designed to reflect the architectural style of the dwelling. One piece aluminum fascia/gutter must not be used. Water discharged from gutters, downspouts and perimeter drainage will be to appropriately sized on site rock pits as per the May 2016, Cascade Geotechnical report, re 749 Highpointe Terraces Disclosure Statement Section 3.1(d) and Exhibit D-3. No drainage will be discharged onto adjacent public or private property. 5.9 Garage Each residence shall have a garage, detached or built-in, with provision for enclosed parking for no less than two (2) vehicles, with a minimum width of 20 feet (6.1 meters), but which will not exceed 60% of the width of the front elevation. Detached garages must be connected to main house via a roof or architectural detail such as a wall or breezeway. The architectural styles, forms, materials, and design details present in the dwelling house's elevation, including masonry and windows, shall be incorporated into all garage elevations. Garages must be enveloped into the building, constructed as a free standing building, or pushed back away from the front of the house. Front loaded garages shall not project more than 15 feet (4.6 meters) from the main building face. 8 Oversize garage doors (for RVs, boats, etc.) shall be designed as a single door, with separate roof form, and offset from the main garage elevation. Garage door trim and hardware design must be architecturally well suited with the architectural design of the home and the colour and finish must be compatible to the overall colour scheme of the residence. 5.10 Driveways and walkways No lot shall have a driveway grade that exceeds 15% grade and a layout of garage and driveway that does not provide for two (2) off-street parking spaces. No additional parking areas or parking pads are permitted, except approved and screened RV parking. Driveway gates are not permitted. Walkways must be designed (min. 3’0”/915mm), constructed, and maintained in keeping with the overall character of the home and in a manner that matches or blends in with the driveway materials. Walkways should accent the design of the home. Spaces between slab and integrated planters are encouraged. Construction installation of driveways and walkways will allow for positive drainage of precipitation away from the building and from hard surfacing onto adjacent soft landscape with the incorporation of a 1% minimum slope on all hard surfaces. 5.11 Window and door treatments 5.11.1 Entryways The main entry shall be sheltered and must be enhanced by usable porches, overhangs, trellises, or pergolas appropriate to the architectural style. Front doors should be modest, simple, and clean in design and should fit the architectural style of the house. 5.11.2 Shutters The use of shutters (where appropriate for the architectural style) shall require an accompaniment of shutter hardware including hinges and holdbacks. 5.12 Chimneys, fireplaces and vents: Any chimney that extends to the ground on the exterior of the dwelling must be finished to the ground line in the approved material. Chimney caps shall be required where there is a prefabricated metal flue. Standard shrouds or hoods shall not be permitted. No fireplace vents shall be located anywhere on the front of any dwelling house as all vents are required to be located on the rear or side of the residence. All metal vents are to be painted to match the siding or roof colour, as applicable. 5.13 Balconies, decks, patios and courtyards Shall complement the architecture of the home and other landscape elements. 9 Courtyards and trellis extensions from the main house are encouraged. Long, continuous, horizontal, and repetitive balconies are discouraged. Balconies and decks shall be designed to be supported by aesthetically substantial support columns, except for upper floor balconies. Landscape decks not attached to the building architecture will be constructed of durable materials and be lower profile where possible to limit the requirement for hand and guardrails. Terraced landscape decks are encouraged. 5.14 Exterior Lighting Exterior lighting shall be designed and installed to enhance the architectural, landscape, front entrance, address plate, and lot entry walkway features of the residence. The quantity and location of lighting, including landscape, shall preserve the privacy of neighboring residences and shall minimize light pollution to the atmosphere. The design must incorporate indirect lighting fixtures providing shielded down lighting so as to not to illuminate adjacent lots. Each home is required to provide a minimum of two exterior light sources. Each fixture shall be hardwired to a photocell which will not be manually switched. 5.15 Utilities All utilities (water, sewer, gas, hydro, phone, cable, etc.) must be installed underground with re-vegetation over. 5.16 Mail boxes and address monumentation Community mail boxes will be assigned and provided by Canada Post. Mail will not be delivered to individual residences. All newspaper boxes and street number signage must be approved by the design consultant and shall be consistent in design, colour, numbering, and installation and must complement the style of the home. 5.17 Leisure elements 5.17.1 Swimming pools, hot tubs, spas All pools (in ground only), hot tubs, and spas will be located between the residence and the rear building setback line or no build covenant boundary, where applicable, and not within view from the street parallel and adjacent to the front yard of the lot. The design and construction of swimming pools will be undertaken in accordance with the British Columbia Building Code, Interior Health Authority Regulations and City of Kelowna Zoning Bylaw and permit approval. A copy of the approved permit is to be provided to the design consultant. Upslope lots may have the hot tub on a deck facing the street, but the hot tub must be screened from view. If exterior pool equipment enclosures cannot be incorporated within the residence, then they must be located within the rear yard setback and must be architecturally consistent with the residence and treated with similar massing, materials and details as the dwelling house. Placement of such facilities should consider noise implications for neighbouring properties. 10 5.17.2 Recreational vehicles and sports equipment Storage of recreational vehicles, boats and boating equipment, sport equipment, or similar seasonal equipment is to be contained within the main building or accessory buildings that are of the same architectural style and quality as the main building. RVs are permitted to be parked along the side of the property, but cannot be forward of the front face of the house or garage, and must be screened. 5.17.3 Play equipment There shall not be kept, on any of the lots, more than one (1) outdoor play structure and it must be located within the rear building setback line and no disturb covenant areas and not visible from the street. Basketball hoops shall not be fixed to the buildings. Trampolines will be permitted in rear yards and shall not be visible from the street. 5.18 Miscellaneous All trash, recycling and green bin containers are to be stored within the main or accessory buildings or shall be screened from view from any public road or from any other lots, except on the day designated for garbage pickup. 6. MATERIALS AND COLOURS 6.1 Colours Exterior colours shall be selected to blend with the natural colours of the surrounding landscape. Accent colours shall be inspired by the geology, vegetation, flora, and fauna of the Okanagan. Homes with the same or similar major exterior colour will be discouraged on adjacent homes. Approval will be determined by the design consultant. Trim must be compatible in colour with the wall finishes. Roof gutters and downspouts shall be compatible with exterior colour. Garage doors must be compatible with exterior colours – they must be painted, not left white. Fascias and roof trim structures shall be painted or stained and not left to weather naturally. All wood deck assemblies including posts, floorboards, handrails, stair stringers, and treads shall be painted or stained to complement the main structure and shall not be left to weather naturally. 6.2 Materials In general, all street front elevations should consist of a maximum of three materials. The following materials are generally permitted: Acrylic stucco (max 75% of surface area) 11 Cementitious siding in the form of clapboard or board & batten. Metal (non-reflective), concrete, and wood siding will be considered with provided sample. Masonry veneer of either brick or natural looking stone are acceptable as a secondary finish material – to be consistent with the natural materials. Strand board, ceramic or glazed tile, log, vinyl, and aluminum and reflective material, are strictly prohibited. Permitted window and door materials include: stained wood, metal, and aluminum clad. Vinyl must be painted and will be approved on a case by case basis. Driveways shall be made of stone pavers, natural stone cobbles, flagstone, exposed aggregate, or smooth troweled concrete with cut lines. Brushed concrete, gravel, or asphalt driveways are not permitted. Changes in material shall occur in logical locations, typically at interior corners where one building mass meets another. In order to avoid the appearance of a false facade, a change of materials on external corners is strictly prohibited. 6.3 Roof The roofing material (non-reflective) and colour must be consistent with the architectural style of the building. Permitted materials include asphalt (30+ years), metal, rubber, slate, and torch on. Wood and cementitious soffits are encouraged; aluminum and vinyl are allowed. All chimneys are to be finished in a material and colour compatible with the exterior of the house. 6.4 Foundation All foundation walls exposed more than 8 inches (20cm) above the finished grade line shall be clad with material consistent with the elevation. All exposed foundations are to be covered with architectural finish matching the design of the finished elevation surface. 7. LANDSCAPE ELEMENTS All residential lots shall be landscaped in a manner that complements the architectural style of the residence on such lot, incorporates outdoor spaces such as courtyards, porches or verandas, and preserves the natural elements on the site by minimizing disturbance of existing trees, vegetation, natural features, and existing grades. 7.1 Fences, screening, hedges and boundary wall(s) The maximum height of any fence or hedge shall be 6 feet (1.83 meters). Front yard fences or hedges are strictly prohibited. Courtyard walls will be permitted, but must be less than six (6) feet in height and must complement the architectural style of the building. Animal run enclosures and accommodation shall be permitted in rear or on the side of dwelling and must be within fenced and landscaped yard, and screened from view. 12 The following fencing materials are permitted provided that the walls of the fencing and/or screen are incorporated as part of the home design and set back a minimum of 2m from top of slope on any rear yards: Black chain link Black wrought iron or aluminum Plant materials and living fences Stone or randomly placed boulders (with planting between boulders) Concrete with materials to match the principle dwelling (concrete must be architectural grade, no strip easy forming permitted) Approved wooden post and rail in a natural wood colour Fences constructed with chain link or wrought iron/aluminum shall have a continuous screen of shrubs incorporated in addition to the fence. Fence materials that will not be permitted include reflective material and round or river rock/field stone. 7.1.1 Screening of mechanical equipment and utility connections Mechanical equipment shall be screened with landscape plantings or built partition screening structures that reflect the architectural style of the building and must not to be visible from streets or adjoining lots. All exterior utility connections shall be located inconspicuously and away from public view. Exposed electrical equipment (vents, stub outs, drain lines, pipes, etc.) must be painted to match the backdrop colour of the residence 7.1.2 Retaining or boundary walls Overall development retaining walls will be completed by the developer and only incidental retaining on each home site will be completed by individual owners. All retaining walls require approval of the developer or design consultant. Retaining walls within lot lines are the sole responsibility of the lot owner. The owner who changes existing grade is responsible for the costs of retaining. (See drawing, Schedule D) Retaining walls exceeding 1.2m will be stepped and require engineering drawings, stamped and approved by a geotechnical engineer, and a Schedule B/C, plus an approved development permit from the City of Kelowna. Retaining walls should be of rock visually similar to that which is native to the site, match the developer provided retaining walls, or be of architectural grade concrete with no visible seams. 7.2 Landscape Grading Removal of trees must be approved by the developer or design consultant. All landscaping must be designed to minimize additional grading of the lot. Any changes to the established grading plan must be approved by the developer or design consultant. 13 Planting and hardscape areas shall not impede or significantly alter drainage patterns. Drainage protection - must conform to the approved site grading plan. Any grade change between properties and parcel boundaries must be approved by the developer, design consultant, and the City of Kelowna and will be the responsibility of the property owner making the grade change. If an owner makes a change to the grade, that owner shall install and maintain the appropriate measures to contain erosion and drainage so as to not cause damage to adjacent properties. This also applies to the installation of retaining walls between adjacent properties. 7.3 Landscape design All front yards and side yards flanking streets are to be finished with trees, shrubs, and groundcover plants and lawn. Side yards must be finished six (6) feet back from the front face of the home. Landscaping and planting shall not be placed or be permitted to remain in registered right-of-way areas provided for installation and maintenance of utilities and drainage facilities. Landscape materials and structures shall not interfere or obstruct the view corridors from neighboring residences. Construction of hard surface areas (patios, decks) will allow for positive drainage of precipitation away from the building and from hard surfacing on to the adjacent soft landscape with the incorporation of a 1% minimum slope on all hard surfaces. 7.3.1 Lawn The front yard lawn area must be a maximum of 70% of the non-paved area of the front yard, including boulevards. Small narrow strips of lawn will not be approved. Lawn areas must be sodded or planted with alternative turf materials as approved by the design consultant and not seeded. Synthetic turf products are permitted. 7.3.2 Hedges Landscape hedges are prohibited within the front yard. Landscape hedges over 6 feet (1.8 meters) in height are prohibited. 7.3.3 Trees Street trees on corner lots must be located outside the corner sightline triangle. Street trees must be planted away from driveway entrances so as not to obstruct the view of oncoming traffic and pedestrians. No tree can be located in such a position that it significantly restricts the view of a neighbouring homeowner. 7.3.4 Landscape decks All landscape decks not attached to the building architecture will be constructed of durable materials and be lower profile, where possible, to limit the requirement for hand and guardrails. 14 7.3.5 Patios All patios not attached to the building shall be constructed of durable materials such as pre-cast pavers, exposed aggregate concrete, or natural stone. Gravel, wood, asphalt, or large fields of broom finish concrete surfacing is not permitted. Gravel and wood will be accepted as accent material only. 7.3.6 Outdoor kitchen and dining areas Outdoor cooking preparation areas and seating for dining are permitted within rear yards only and must be installed in accordance with the British Columbia Building Code and applicable City of Kelowna Bylaws and permits. 7.3.7 Fire pits Only gas fire pits will be allowed. Fire pits are permitted in rear yards only, or must be screened from view. Fire pit structures are not to exceed 1.5m in diameter and are to be built of solid, durable materials, complementary to the dominant architectural elements and finishes of the home. 7.3.8 Garden ornamentation Decorative water features are encouraged as long as they incorporate water and energy conservancy. Large numbers of prefabricated garden ornaments are discouraged. Architectural or sculptural forms that complement the building architecture will be considered. 7.3.9 Rain water barrels Permitted on side or in back yards and must be screened from street. 7.4 Landscape materials Xeriscaping of the landscape encouraged. New landscape plantings should, wherever possible, use plant materials that are indigenous to the area. The plant database at okanaganxeriscape.org provides a useful guide to select plants appropriate for the Okanagan environment. Groupings of plants are preferable to scattered specimens and the best impact will be achieved where masses of the same species are used. For every 500 square feet (46.5 square meters) of landscape area, a minimum of one (1) tree, sixteen (16) shrubs, and thirty (30) perennials must be supplied and planted. In addition to any existing trees, one (1) tree must be accommodated within the street side facing yard(s) of each property. Trees are to be a minimum of 4cm caliper in size and must be planted within 5 feet (1500mm) of the back of the curb. 40% of all additional street side trees and shrubs shall be evergreen plant material. The following minimum sizes for plant materials shall apply to all landscaping areas: Street trees: 75mm caliper measure, .5m above the root ball 15 Deciduous Trees: 60mm caliper measure, .5m above the root ball Evergreen Trees: 2m in height Ornamental Trees: 60mm caliper measure, .5m above the root ball Shrubs: 2-gallon container The sizes of additional plant materials, above the minimum quantity required, may be selected at the owner's discretion. All landscaping intended to be installed for screening of unsightly manmade elements shall be of evergreen species and a minimum two (2) gallon size. Planting beds must utilize organic mulch as it provides nutrients to the plants and discourages weed growth. Landscape weed barriers, if utilized, must be approved by the design consultant and shall not consist of plastic sheets. Gravel and/or rock may be used in water features or in imitation dry creek beds and as mulch or ground cover. Lava rock types of ground cover will not be approved. Vegetable gardens must be located in the rear yard. 7.5 Irrigation systems In recognition of the arid climate and to promote appropriate stewardship of our water resources, the irrigation system must be appropriate for the planting materials and landscape areas. All landscaped areas must be irrigated by a timer controlled underground irrigation system as approved by the design consultant. Irrigation on slopes shall not be permitted as it can cause serious erosion or instability on such slopes. Controlled flow drip irrigation shall be used for shrubs and perennial beds within the landscape. Boulevard landscaping is to be irrigated and maintained by the owner. 8. MISCELLANEOUS RESTRICTIONS ON USE No exterior radio, C.B., television, or other antenna of any type shall be permitted on any building or lot. No satellite dish larger than 2.5 feet (.76 meters) in diameter shall be allowed and cannot be mounted on rooftops or in any yard areas fronting or flanking onto a street. There shall not be installed, kept, or maintained on any of the lots any trailer or manufactured home for use as a permanent or semi-permanent residence. No billboards, placards, advertising, or signs of any kind will be permitted on lots or on any visible surface of any building on a lot except for “For Sale” signs, not exceeding two (2) feet by 30 inches in size. There shall not be stored, kept, nor permitted on any lot, any junk or wrecked or partially wrecked motor vehicles, or any salvage materials intended for commercial use or sale, nor shall any waste or refuse be kept or stored on any lot. 16 Schedule A DESIGN REVIEW PROCESS 1. Design Review Fees A non-refundable design approval fee in the amount of $1,500 plus GST must be paid in advance to the developer Elkay Developments (Okanagan) Ltd. the earlier of commencing the design review process or upon lot conveyance. This fee will cover the preliminary review, formal plan, and site reviews (2), and final review and certificate of compliance. The design consultant will charge a resubmission fee to the owner if they are required to resubmit their application due to significant changes in the design. 2. Design Review 2.1 Preliminary review submission The owner or his agent shall submit the following plans, drawings, and other information as required to the design consultant for review and approval: One (1) copy of a site plan (at 1/16” = 1’0” scale) with the following information indicated: 2.2 Existing topography and trees with the location of all exterior walls Proposed floor plans and levels The driveway location with slope calculations A typical cross-section indicating the setting of the house on the lot and its relation to the facing street A front elevation indicating the architectural character of the house, and A perspective sketch showing architectural character of house Formal submission Once preliminary approval has been granted, a full design submission shall be prepared and approved prior to making an application for a building permit. The submission will include two (2) full sets (24x36) of the following: 2.2.1 Site Plan Location of all principal and accessory buildings, fences, pools, retaining walls, driveways, walkways, etc. on the lot Position of statutory ROWs, easements, and covenants, such as no disturb areas Grades and slopes Location of all existing trees, highlighting those to be removed Location of the construction materials storage location on the site 17 2.3 2.2.2 Architectural Drawings Floor plans showing all levels Building sections and details Side and rear perspective sketches Elevations illustrating all sides of the house Elevation of roof peaks to the site data Typical cross section of the house showing the final setting of the house on the lot and its relationship to the facing street Garage floor and first floor finished elevation to the site data List of exterior materials 2.2.3 Colour Samples A colour sample sheet of all exterior wall materials, trim, and roof material 2.2.4 Landscape Plan Landscape design, including the location of all buildings on the lot and detailing the location of fences, retaining walls, patios, verandas, decks, and pools, in addition to, a planting plan, showing the quantity and sizes of proposed plant materials Timing The design consultant shall, within 10 working days of receipt of the full design submission, make a decision in his/her absolute discretion to approve or disapprove the plans submitted. 2.4 Compliance Deposit/Bond 2.4.1 A refundable compliance deposit in the amount of $10,000 will be collected upon conveyance of the lot. The deposit will be held by the developer. No interest will be paid on this compliance deposit. The Bond will be released only upon inspected completed building and landscape works on site. 2.4.2 Release of compliance deposit An application in writing must be made to the design consultant for return of the compliance deposit balance once all of the home construction is completed, which includes site cleanup and final inspection. The deposit will be returned as follows: Portion 1 - Following the date that the City of Kelowna has issued a final occupancy approval for a house constructed on the Lot and the Design Consultant has given written approval of the Buyer’s compliance with the Design Guidelines and the approved house and landscape plans with regard to the house, garage and other buildings and improvements, front yard landscaping, erosion control mechanisms and final lot grading constructed and installed on the Lot, the Seller will, upon request by the Buyer, release a portion of the Compliance Deposit to the Buyer equal to $2,500.00, less any deductions from the Compliance Deposit made pursuant to this Contract. Portion 2 – Following the date on which the Design Consultant has given written approval of the Buyer’s compliance with the Design Guidelines with regard to the landscaping of the rear yard and side yards, as well as the front yard, of the house 18 the Lot and the date on which the prior release of Portion 1 under subsection i. was made, the Seller will, upon request by the Buyer, release the $2,500.00 balance of the Compliance Deposit to the Seller, less any deductions from the Compliance Deposit made pursuant to this Contract. Portion 3 – Following the date of receipt by the Seller of a Certificate of Acceptance from the City of Kelowna for the Subdivision Servicing Works (expected approximately one year after the completion of the Subdivision Servicing Works) and the dates on which the prior release of Portion 1 under subsection i. and Portion 2 under subsection ii. were made, the Seller will release a portion of the Compliance Deposit to the Buyer equal to $5,000.00, less any deductions from the Compliance Deposit made pursuant to this Contract. No inspection performed by the design consultant is in any way a structural inspection, nor is it in lieu of inspections required by the City of Kelowna. The approved inspection report will be forwarded to the developer for release of the compliance deposit. The deposit will not be returned (retained by the developer) in the event of: o Violation of building scheme, including not commencing construction within two (2) years of lot conveyance to the first owner. o Changes in the approved design without approval of the design consultant. o Re-sale of the property where construction is not complete, unless the owner arranges for a new deposit by a new purchaser/owner. o Site disturbance of any kind prior to the design approval being granted. The developer reserves the right to deduct from the deposit any funds required for: o Failure to clean up site. o Unauthorized dumping or cleaning of materials on any portion of the subdivision land. o Failure to remove excavated material spilled on roads, sidewalks, or on neighbourhood walkways and sidewalks. o Repair of roads, sidewalks, curbs, and damaged utilities. 19 Schedule A APPLICATION FOR HOUSE PLAN APPROVAL Design Guidelines Review Application OWNER INFORMATION Last Name First Mailing Address City Prov. Phone E-mail Address BUILDING LOT INFORMATION Development Name HIGHPOINTE TERRACES PID Legal Description Civic Address ARCHITECT/BUILDING DESIGNER Company Contact Name Mailing Address City Prov. Phone E-mail Address BUILDER Company Realtor(s) Mailing Address City Prov. Phone E-mail Address ARCHITECTURAL DESIGN GUIDELINES CHECKLIST House/Building Plan Info Yes No Any Restrictive Covenants? Yes No Second Structure? Main Floor Living Area sq.ft. Second Floor Living Area sq.ft. Garage Area sq.ft. Basement Area sq.ft. Roof Slope(s) meters Roof Height meters Main Floor Elevation meters Crawlspace/Basement Elevation meters Upper Floor Elevation meters Garage Elevation meters Existing Grade Elevation meters Proposed Grade Elevation Date Apartment/Unit# Postal Code Apartment/Unit# Postal Code Apartment/Unit# Postal Code Comments (OFFICE USE ONLY) Meet RU-1? Meet RU-1? Meet RU-1? 20 Exterior Finishes Siding – Primary Siding – Secondary Stucco Brick Stone Chimneys Trim Fascia Gutters Soffits/Venting Roofing – Primary Roofing – Secondary Entry Door Exterior Doors Patio Doors Garage Doors Door Trim Windows Window Trim Railings Posts/Columns Beams Skylights Hardscape Design Driveways Patios Sidewalks Material Finish/Colours Comments (OFFICE USE ONLY) Material Finish/ Colour Comments (OFFICE USE ONLY) Comments (OFFICE USE ONLY) Location Height Material/ Finish Retaining Walls Fencing Site Sections provided? Pool Yes Yes No No Yard&Landscape Design Planting (Xeriscape requirement) Irrigation Tree Retention & Replacement Yes No Yes No Yes No Tree Growth Restrictions and Removal Yes No Exterior Lighting Yes No Screening of Mechanical Equipment Yes No 21 OFFICE USE ONLY SITE VISIT CHECKLIST Construction Regulations General Considerations Permitted Work Hours Completion Schedule Damage to Utilities Excavation Near Trees/Survey Stakes Blasting Pets During Construction Job Site Condition & Behaviour House & Landscape Plans – Detailed Requirements Site Plan Site Section Landscape Plan Elevation Drawings Cross Section Drawings Floor Plans Samples Additional Notes DATE COMPLETED: Comments Yes No Comments Comments Approved with no changes Approved with noted changes Revise and re-submit changes DISCLAIMER AND SIGNATURE I declare that I have legal authority as the owner of the property or as the authorized legal agent to sign and accept full legal responsibility for doing so. I understand that the building plans, materials, colours, and other details submitted with this application are subject to approval and that permission to submit drawings for permits or begin site preparation or construction is prohibited until approval is granted. I also understand that I am bound to the specifics of the approved plans, materials, colours, and details, and that any deviation from these plans can result in the compliance deposit being withheld, unless permission has been granted in writing to allow variances to the original approved building scheme. Signature Date Witness Date 22 Summary of Approval Process All Elements Design.Manage.Build has been assigned as the Design Consultant for this subdivision development. This summary is to help lot owners, builders, architects, and designers understand the approval process of individual designs. Failure to follow the outlined process may result in unnecessary or additional time delays, costs, or fees at the expense of the lot owner, builder, architect, or designer. DEFINITIONS Developer – Refers to the subdivision owner or his or her authorized agent. Owner – Refers to the individual who purchases a lot from the Developer. Building Scheme – A legal document outlining the design and building scheme requirements for the subdivision. Grantor – Refers to the professional who is authorized by the Developer to review and give approval of the submitted structural drawings, landscape plans, or other features regulated in the building scheme. Builder – Refers to the contractor, builder, or trades hired by the Owner to construct the approved structure or other elements of the project regulated by the building scheme (i.e. landscaping, concrete finishing, painting, etc.) Designer – Refers to the design professional(s) employed by the Owner to design the structures to be built on the property as well as designing the site layout and landscaping plans or other elements of the project regulated by the building scheme. LOT PURCHASE The Owner purchases a lot or lots from the Developer and receives a copy of the Statutory Building Scheme and Design Guidelines from the Developer, as well as any surveyor site plans, lot grading plans, zoning bylaws he may possess. The Owner pays the Developer a refundable Compliance Deposit Fee and Design Review Fee, as determined by the Developer, to ensure that the guidelines of the Statutory Building Scheme and Design Guidelines are adhered to and to remedy any potential damage caused during the construction process. The Compliance Deposit is to be retained by the Developer for insurance against any of the following infractions: violation of design guidelines and approvals; changes made to the approved design plans without approval; damage to the surface improvements or utilities; failure to clean up the site; unauthorized dumping; or failure to remove excavation material left on roadways, sidewalks and or neighbouring lots. The Owner contacts the Grantor (All Elements) and obtains a copy of the current Summary of Approval Process and Design Guidelines Review Application. In the case of an Owner purchasing more than one lot from the Developer, a separate application should be obtained for each lot. PRELIMINARY DWELLING DESIGN The registered owner engages a Designer and provides him/her with a copy of the Statutory Building Scheme, Design Guidelines, Summary of Approval Process, Design Guidelines Review Application form, and any other relevant information such as zoning and lot grading plans. The Designer, after reviewing the obtained information and meeting with the Owner, prepares preliminary drawings of the proposed project. 23 PRELIMINARY DESIGN APPROVAL AND OWNER REGISTRATION The Owner, with the assistance of his/her Designer, completes the applicable sections of the Design Guidelines Review Application and submits this to the Developer. The Owner submits a preliminary design including floor plans showing square footages; a front exterior elevation showing proposed exterior finishes or a 3D rendering showing the same; a preliminary site plan showing the layout of the proposed structures, required setbacks and driveway location; a grading plan showing retaining if required; along with any other pertinent documents. The Grantor will review the submission in a timely fashion and provide details to the Owner of any necessary adjustments to meet the requirements of the Building Scheme. Failure to submit preliminary drawings for this review can result in unnecessary delays and costs to the Owner. These drawings can be submitted in digital format as PDF files. FINAL DWELLING DESIGN The Designer works from the approved preliminary designs to produce working drawings. The Owner has any other consultants such as Structural Engineers, Mechanical Engineers, Landscape Professionals, Decorators, etc. produce their required drawings, submissions, or documents. These professionals should be provided with a copy of the Statutory Building Scheme and Design Guidelines and any other pertinent documents prior to their beginning their work. Building materials, building finishes, and colours should be specific using brand names of products as well as proper colour names or codes. Landscape plans should specify plant names and quantities, location of retaining walls, fences, or other landscape features as required by the Statutory Building Scheme and Design Guidelines. FINAL DWELLING WORKING DRAWING APPROVAL The Owner provides two full sized copies of the completed working drawings, site plans, landscape plans, grading plans showing retaining, and any other documentation to the Grantor for final review. The Grantor reviews the working drawings and other documentation and either approves the plans or works with the Owner and Designer until the drawings are approved. Upon approval, the Grantor returns one set of approved drawings to the Owner and retains the second set of drawings for final inspection purposes. The Grantor will also provide written authorization to both the Owner and the Developer that the plans have been reviewed and accepted. The plans will then be stamped on each page indicating approval. At this time the Owner may apply for a Building Permit. BUIDLING PERMITS AND CONSTRUCTION The Owner and Builder will submit the working drawings to the governing building authority and obtain all required permits prior to the commencement of any construction. The Owner and Builder are responsible to make sure that all laws and bylaws are adhered to in the construction of the project and that construction is carried out in a safe manner without unnecessary disturbance to neighbours. The Grantor and Developer assume no responsibility for the failure of the Owner and Builder to conform to governing laws and bylaws during the construction process. The Grantor also assumes no responsibility for the final working drawings other than their conformance to the Building Scheme. It is the responsibility of the Owner and Designer to ensure the working drawings conform to all governing bylaws, codes, and other requirements. VARIANCES AND ADDITIONAL CONSULTATION Should the Owner choose to make the changes to the approved dwelling design, he must seek approval from the 24 Grantor for such changes and receive approval in writing prior to carrying out the construction or finishing of the revised elements. Failure to do so could result in penalties or, in some cases, the removal or re-finishing of the nonapproved element. Review of these changes will result in an additional fee of $500.00 plus GST imposed by the Grantor, especially should site visits or time consuming consultation be involved. All requested changes in the approved drawings should be submitted in writing and be accompanied by two copies of any necessary documentation or revised drawings. COMPLETED DWELLING APPROVAL Once the Owner and Builder complete the construction of the structure and all of the building finishes, landscape features, driveways, and other elements regulated by the Building Scheme are completed, the Owner shall contact the Grantor and arrange for a final inspection of the property. Should some of the regulated features be incomplete at the time of this final site visit, the Grantor may impose an additional charge to perform any further site visits. If upon inspection the Grantor finds the completed project meets the requirement of the Building Scheme, he will give approval in writing to both the Owner and the Developer. The compliance deposit will be refunded as per the terms noted in 2.4 Schedule A Design Review Process. Fees for Design Guidelines Consultation 25 All Elements Design.Manage.Build has been assigned as the Design Consultant for this subdivision development. The following fees are to be paid upon conveyance of the lot or, if earlier, upon commencing the design review, and must be paid in full to the developer. No review or consultation will take place until the payment of required fees. The purpose of these additional fees is to protect All Elements from spending unnecessary time and resources due to unforeseen problems during their consultation services. With proper organization on the part of the Owner and the Builder there should generally be no need for the incurring of additional fees. STANDARD DESIGN REVIEW AND APPROVAL This includes the preliminary design review and approval, the working drawings review and approval, a construction site visit, and the final completed dwelling approval: $1,500.00 plus taxes. ADDITIONAL VARIANCE AND ADDITIONAL CONSULTATION FEES Fees for variances to the approved working drawings are at the discretion of All Elements’ representative professional. These will generally be charged at our hourly rate of $95.00 per hour; however, lesser or no fees may be required for small adjustments. ADDITIONAL SITE VISIT FEES A minimum of $95.00 per additional site visit will be charged for any site visit requested beyond the visit made for the completed dwelling inspection. All site visits will be billed by the hour at our standard rate of $95.00 per hour, should the site visit extend beyond the allowed time of one hour. Additional fees may be imposed at the discretion of the All Elements’ representative professional. PAYMENT FOR ADDITIONAL FEES The Owner may pay by cheque or cash at our main office location, by mail, or e-transfer. No review or consultation will take place without payment in full. All cheques should be made out to All Elements. Payment for extra site visits can be made by cheque or cash during the visit or in advance of the visit at our office. The primary design review fee will be paid to the developer. DISCLAIMER AND SIGNATURE I acknowledge that I have read and understood the ‘Summary of Approval Process’ and ‘Fees for Building Scheme Consultation’ documents and agree to follow the outlines process and fees, and release the Grantor, the Developer, and the Realtor from any liability for failure to follow the outlined steps. Signature Date Witness Date 26 SCHEDULE B – RU1 Zone 27 28 29 30 SCHEDULE C - ROOF HEIGHTS AND GEODETIC SUMMARY LOT # 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 FRONTAGE ACCESS RD Private Driveway 1 Private Driveway 1 Private Driveway 1 Private Driveway 1 Private Driveway 1 Private Driveway 1 Highpointe Drive Highpointe Drive Road B Road B Road B Road B Road B Road B Road B Road B Road B Road B Private Driveway 2 Private Driveway 2 Private Driveway 2 Private Driveway 2 Boynton Place Boynton Place Boynton Place Boynton Place DWELLING TYPE PLATFORM ELEV. (m) MAX ROOF ELEV. (m) SIGHTLINE ELEV. (m) 1.52m above Main Fl Elev Walkout 451.5 461.3 456.1 Walkout 452.2 459.7 456.8 Walkout 455.1 464.9 459.7 Walkout 457.6 467.4 462.2 Walkout 459.9 469.7 464.5 Walkout 460.5 470.3 465.1 Walkout 459.3 469.1 463.9 Walkout 457.3 467.1 461.9 Partial Walkout Walkout Walkout Walkout Walkout Walkout Walkout Walkout Walkout Walkout 448.6 448.6 447.7 446.8 445.5 444.2 443.3 442.5 441.7 441.1 458.4 456.1 455.1 454.3 453.0 451.7 453.1 452.3 451.5 450.9 453.2 453.2 452.3 451.4 450.1 448.8 447.9 447.1 446.3 445.7 Walkout 450.7 460.5 455.3 Walkout 451.4 461.2 456.0 Walkout 451.4 461.2 456.0 Walkout 450.5 460.3 455.1 Walkup Walkup Walkup Walkup 431.8 428.9 425.8 424.1 441.6 438.7 435.6 433.9 436.4 433.5 430.4 428.7 31 LOT # 27 28 29 FRONTAGE ACCESS RD DWELLING TYPE PLATFORM ELEV. (m) MAX ROOF ELEV. (m) SIGHTLINE ELEV. (m) 1.52m above Main Fl Elev Boynton Place Walkup 423.0 432.8 427.6 Rancher or 1 1/2 Storey 427.3 433.5 431.9 Rancher or 1 1/2 Storey 424.5 430.4 429.1 420.7 428.7 425.3 419.8 428.7 424.4 418.9 428.7 423.5 415.1 414.1 413.2 413.0 413.1 422.6 421.2 420.7 420.5 420.6 419.7 418.7 417.8 417.6 417.7 417.4 427.2 422.0 418.3 428.1 422.9 Walkup 421.6 431.4 426.2 Walkup 421.9 431.7 426.5 Walkup 422.1 431.9 426.7 Walkup 422.1 431.9 426.7 Rancher 420.6 427.2 425.2 Walkout 417.5 426.3 422.1 Walkout 417.1 425.9 421.7 420.9 430.7 425.5 416.6 424.1 421.2 419.5 429.3 424.1 Boynton Place Boynton Place 30 Road A 31 Road A 32 Road A 33 34 35 36 37 Road A Road A Road A Road A Road A 38 Road A 39 Road A 40 41 42 43 44 45 46 Boynton Place Boynton Place Boynton Place Boynton Place Boynton Place Boynton Place Boynton Place 47 Road A 48 Road A 49 Road A Rancher or 1 1/2 or 2 Storey Rancher or 1 1/2 or 2 Storey Rancher or 1 1/2 or 2 Storey Walkout Walkout Walkout Walkout Walkout Rancher or 1 1/2 or 2 Storey Rancher or 1 1/2 or 2 Storey Rancher or 1 1/2 or 2 Storey Walkout Rancher or 1 1/2 or 2 Storey 32 SCHEDULE D – Retaining Responsibility 33
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