City of Kelowna

Regular Council Meeting

AGENDA

Meeting #:
Date:	Monday, August 27, 2018
Time:	1:30 P.m. - 4:00 P.m.
Location:	Council Chamber City Hall, 1435 Water Street

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1.

Call to Order

This meeting is open to the public and all representations to Council form part of the public record.  A live audio and video feed is being broadcast and recorded by CastaNet and a delayed broadcast is shown on Shaw Cable.​

2.

Confirmation of Minutes

PM Meeting - August 13, 2018

3.

Development Application Reports & Related Bylaws 

3.1

Osprey Ave 547, Z16-0033 - Lok Tien Enterprises Ltd

To rescind all three readings given to Rezoning Bylaw No. 11401 and direct staff to close the file.

3.2

Osprey Ave 547, Z16-0033 (BL11401) - Lok Tien Enterprises Ltd

To rescind first, second and third readings for Bylaw No. 11401 and close the file.

3.3

Dilworth Dr 1655, Z17-0055 (BL11493) - PC Urban Enterprise Holdings ltd

To consider a rezoning application on the subject property from the I3 – Heavy Industrial Zone to the I2 – General Industrial Zone.

3.4

Grouse Ave 5321, LUC18-0002 & Z18-0030 - Neil & Linda Sauverwald

To consider a Land Use Contract discharge and rezoning of the subject property from RR1 – Rural Residential 1 to RU1 - Large Lot Housing.

3.5

Grouse Ave 5321, LUC18-0002 (BL11637) - Neil & Linda Sauverwald 

To give Bylaw No. 11637 first reading in order to discharge Land Use Contract No. 77-1001.

3.6

Grouse Ave 5321, Z18-0030 (BL11651)  - Neil & Linda Sauverwald 

To give Bylaw No. 11651 first reading in order to rezone the subject property from the RR1 - Rural Residential 1 zone to the RU1 - Large Lot Housing zone.

3.7

Grouse Ave, Phoebe Ct, Raven Dr, Sandpiper Ct, Stellar Dr, Tanager Ct, Tanager Dr & Thrasher Ave, LUCT18-0001 & Z18-0054 - Various Owners

To consider an application to rezone the subject properties as identified in Schedule “B and C”, and proceed with the early termination of Land Use Contract LUC77-1001 to revert the properties within the Upper Mission area of Kelowna to the new underlying RU1 – Large Lot Housing and RR3 – Rural Residential 3 zones.

3.8

Grouse Ave, Phoebe Ct, Raven Dr, Sandpiper Ct, Stellar Dr, Tanager Ct, Tanager Dr & Thrasher Ave, LUCT18-0001 (BL11611) - Various Owners

To give Bylaw No. 11611 first reading in order to early terminate multiple LUC77-1001 from multiple properties as per Schedule A.

3.9

Grouse Ave, Phoebe Ct, Raven Dr, Sandpiper Ct, Stellar Dr, Tanager Ct, Tanager Dr & Thrasher Ave, Z18-0054 (BL11612) - Various Owners 

To give Bylaw No. 11612 first reading in order to rezone multiple properties from the RR1 - Rural Residential 1 zone to the RU1 - Large Lot Housing and RR3 - Rural Residential 3 zones as per Schedule B.

3.10

Text Amendment for Cannabis Production and Retail Cannabis Sales TA18-0008 - City of Kelowna

To amend the Zoning Bylaw by creating a retail cannabis sales subzone, adding cannabis production and retail cannabis sales establishments as permitted uses to specified zones, and to update the existing language from “marihuana” to “cannabis”.

3.11

Text Amendment for Cannabis Production and Retail Cannabis Sales TA18-0008 (BL11659) - City of Kelowna

To give Bylaw No. 11659 first reading in order to amend the Zoning Bylaw to include updates pertaining to Cannabis Production and Retail Cannabis Sales.

3.12

Text Amendment for Cannabis Production and Retail Cannabis Sales TA18-0008 (BL11678) - City of Kelowna

To give Bylaw No. 11678 first reading in order to amend the Zoning Bylaw to include updates pertaining to Cannabis Production and Retail Cannabis Sales.

3.13

Text Amendment for Cannabis Production and Retail Cannabis Sales TA18-0008 (BL11679) - City of Kelowna

To give Bylaw No. 11679 first reading in order to amend the Zoning Bylaw to include updates pertaining to Cannabis Production and Retail Cannabis Sales.

3.14

Enterprise Way 2092, TA18-0004 - 0838232 BC Ltd

To consider a site specific text amendment to allow for thrift store use in the I3 – Heavy Industrial zone at 2092 Enterprise Way.

3.15

Enterprise Way 2092, TA18-0004 (BL11668) - 0838232 BC Ltd

To give Bylaw No. 11668 first reading in order to amend the I3 - Heavy Industrial section in Zoning Bylaw No. 8000.

3.16

Buckhaven Ct 4975, (S OF) Steele Rd, OCP18-0009 Z18-0043 Pamela Blaskovich, Ponds Ventures Inc. No. BC0862732

To amend the Official Community Plan to change the future land use designation and to rezone portions of the subject property to facilitate creation of a residential subdivision.

3.17

Buckhaven Ct 4975, (S of) Steele Rd, OCP18-0009 (BL11669) - Pamela Blaskovich, Ponds Ventures Inc. No. BC0862732

Requires a majority of all members of Council (5).
To give Bylaw No. 11669 first reading in order to change the future land use designation on the subject properties as per Map A.

3.18

Buckhaven Ct 4975, (S of) Steele Rd,Z18-0043 (BL11670) - Pamela Blaskovich, Ponds Ventures Inc. No. BC0862732

To give Bylaw No. 11670 first reading in order to rezone the subject properties as per Map B.

3.19

Brookside Ave 1275, Z18-0018 - 1118374 BC Ltd

To rezone the subject property from RU6 – Two Dwelling Housing to RM3 – Low Density Multiple Housing.

3.20

Brookside Ave 1275, Z18-0018 (BL11671) - 1118374 BC Ltd

To give Bylaw No. 11671 first reading in order to rezone the subject property from the RU6 - Two Dwelling Housing zone to the RM3 - Low Density Multiple Housing zone.

3.21

Energy Step Code Implementation, TA18-0007 - City of Kelowna

To inform Council on the BC Energy Step Code engagement process and for Council to direct staff to implement the package of requirements and incentives presented in this report.

3.22

Energy Step Code Implementation, TA18-0007 (BL11672)  - City of Kelowna

To give Bylaw No. 11672 first reading in order to amend Section 6 - General Development Regulations in the Zoning Bylaw No. 8000.

3.23

Cary Rd 1639, Z18-0053 - 1124478BC Ltd

An application to rezone from I2 – General Industrial and C10 – Service Commercial to C10 – Service Commercial to facilitate zoning which is consistent with the Future Land Use Designation.

3.24

Cary Rd 1639, Z18-0053 (BL11673) - 1124478BC Ltd

To give Bylaw No. 11673 first reading in order to rezone the subject property from the I2 - General Industrial and C10 - Service Commercial zones to the C10 - Service Commercial zone.

3.25

Curlew Drive 461, Z18-0084 - Alexander and Nadja Duffield

To rezone the subject property from RR3 – Rural Residential 3 to RU1 – Large Lot Housing to facilitate an addition for a secondary suite.

3.26

Curlew Drive 461, Z18-0084 (BL11674) - Alexander and Nadja Duffield

To give Bylaw No. 11674 first reading in order to rezone the subject property from the RR3 - Rural Residential 3 zone to the RU1 - Large Lot Housing zone.

3.27

Harvey Ave 1717, LUC18-0005 DP18-0096 - Al Stober Construction Ltd

To consider a Land Use Contract discharge to convert the old Volkswagen Dealership into mixed use commercial units.

3.28

Harvey Ave 1717 LUC18-0005 (BL11675) - Al Stober Construction Ltd

Requires 2/3 of all members of Council present.
To give Bylaw No. 11675 first reading in order to discharge LUC76-1054 off the subject property.

3.29

Vaughan Ave 889, Z17-0094 - 1568447 Alberta Ltd

To consider rezoning a portion of the subject property from the I2 – General Industrial zone to the I4 – Central Industrial zone to facilitate the development of three new industrial buildings.

3.30

Vaughan Ave 889, Z17-0094 (BL11676)  - 1568447 Alberta Ltd

To give Bylaw No. 11676 first reading in order to rezone the subject property from the I2 - General Industrial and I4 - Central Industrial zones to the I4 - Central Industrial zone.

3.31

Cawston Ave 540, Z18-0087 - Cawston 540 Holdings Inc 

To rezone the subject property from the C2 – Neighbourhood Commercial zone to the C7 – Central Business Commercial zone to allow a commercial school within the existing building.

3.32

Cawston Ave 540, Z18-0087 (BL11677) - Cawston 540 Holdings Inc

To give Bylaw No. 11677 first reading in order to rezone the subject property from the C2 - Neighbourhood Commercial zone to the C7 - Central Business Commercial zone.

3.33

Queensway Ave 289, DP17-0191-01 - 1324632 Alberta Inc No. A72431

The purpose of this Development Permit Amendment is to review amendments to the Form & Character Development Permit of a 33 storey hotel & luxury condo tower project with two levels of underground parking and a mixed use 6 storey podium.

4.

Bylaws for Adoption (Development Related)

4.1

Twinflower Cres 5080, OCP17-0004 (BL11481) -  Interval Investments Inc

Requires a majority of all members of Council (5).
To adopt Bylaw No. 11481 in order to change the future land use designation as per Map A.

4.2

Twinflower Cres 5080, Z17-0015 (BL11482 )  - Interval Investments Inc

To adopt Bylaw No. BL11482 in order to rezone the subject property as per Map B

4.3

Clifton Rd 1140, Z18-0022 (BL11631) - City of Kelowna

To adopt Bylaw No. 11631 in order to rezone the subject property from the RU1 - Large Lot Housing zone to the RU6 - Two Dwelling Housing zone.

4.4

Mountain Ave 1438, Z18-0031 (BL11633) - Laird and Debra Bowie

To adopt Bylaw No. 11633 in order to rezone the subject property from the RU1 - Large Lot Housing zone to the RU1c - Large Lot Housing with Carriage House zone.

5.

Non-Development Reports & Related Bylaws

5.1

Amendment to 2018 Financial Plan – Kelowna International Airport

To obtain Council authorization for a budget increase of $2,192,000.

5.2

Ironman Properties Ltd. Lease of Lands at Kelowna International Airport

To obtain Council’s approval of a long term land lease with Ironman Properties Ltd. over a portion of land located on City owned property, adjacent to the Kelowna International Airport (the “Airport”).

5.3

2018 Budget Amendment - Okanagan Rail Trail Grant Funding

To fund continued development of the rail trail within the City of Kelowna using grant funding associated with Canada 150 grant program and the Build Canada grant program.

5.4

Investing in Canada Infrastructure Program (ICIP) – Green Infrastructure – Sanitary Sewer Connection Area Water Quality Enhancement Project

To outline the Investing in Canada Infrastructure Program (ICIP) and to request Council support of the recommendation to apply for a grant in the amount of $44.1M as outlined by staff in this report.

5.5

Kelowna Community Sport Plan

To present Council with the Kelowna Community Sport Plan for endorsement, and receive support to move forward with the development of an implementation strategy.

5.6

Maintenance Agreement/Statutory Right of Way, Westcorp Hotel

To obtain Council support to enter into a License and Maintenance Agreement/Statutory Right of Way with 1324632 Alberta Inc. (“Westcorp”) for the purpose of private maintenance of a publicly owned plaza located adjacent to 289 Queensway Avenue.

5.7

Road Closure South of 105 Adams Road

To dispose of a 221 m² portion of road adjacent to 105 Adams Road.

5.8

BL11656 - Road Closure and Removal of Highway Dedication - Portion of Adams Road

To give Bylaw No 11656 first, second and third readings in order to authorize the City to permanently close and remove the highway dedication of a portion of highway on Adams Road.

6.

Resolutions

7.

Bylaws for Adoption (Non-Development Related)

7.1

BL11530 - New Sign Bylaw

To adopt Bylaw No. 11530 in order to create a new Sign Bylaw.

7.2

BL11526 - Amendment No. 19 to Bylaw Notice Enforcement Bylaw No. 10475

To adopt Bylaw No. 11526 in order to amend the Bylaw Notice Enforcement Bylaw.

8.

Mayor and Councillor Items

9.

Termination