City of Kelowna

Meeting #:

Date:

Tuesday, November 29, 2022

Time:

6:00 P.m. - 7:00 P.m.

Location:

Council Chamber

City Hall, 1435 Water Street

Members Present

• Mayor Tom Dyas, 
• Councillor Ron Cannan, 
• Councillor Maxine DeHart, 
• Councillor Charlie Hodge, 
• Councillor Gord Lovegrove, 
• Councillor Mohini Singh, 
• Councillor Luke Stack, 
• Councillor Rick Webber, 
• Councillor Loyal Wooldridge, 
• Doug Gilchrist, 
• City Clerk, Stephen Fleming, 
• and Legislative Coordinator (Confidential)

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1.

Call to Order

Mayor Dyas called the meeting to order at 6:00 p.m.​

2.

Reaffirmation of Oath of Office

The Oath of Office was read by Councillor DeHart.

3.

Confirmation of Minutes

• Moved By Councillor Hodge
  Seconded By Councillor Lovegrove

  THAT the Minutes of the Public Hearing and Regular Meeting of November 15, 2022 be confirmed as circulated.​

  
  
  
  Carried

4.

Call to Order the Public Hearing

Mayor Dyas called the Hearing to order at 6:02 p.m.

5.

Individual Bylaw Submissions

5.1

START TIME 6:00 PM - Upper Mission Ct 5639 - OCP21-0021 (BL12439) Z21-0079 (BL12440) - Calcan Investments Inc., Inc.No. BC0383776

Staff:

- Displayed a PowerPoint Presentation summarizing the application.

Andrew Bruce, 529 Keith Road, Applicant 

-Displayed a PowerPoint presentation.

-Summarized the zoning and OCP changes.

-Displayed the proposed site layout.

-Spoke to the infrastructure requirements.

City Clerk/Mayor Dyas invited anyone participating online or in the gallery who deemed themselves affected to indicate they wish to speak followed by comments from Council.

Online:

Andy & Janet Kluftinger, Edge development  

-Opposed to the application.

-Against the OCP, it is an interface area.

-Lost previous home to the wildfires.

Andre Beaulieu, 5588 Upper Mission Drive

-Opposed to the application.

-Spoke to the wildlife residing on the proposed lot.

-Spoke to the impact on greenspace.

Applicant in response:

-Spoke to access to the lot and its configuration.

-Spoke to the park dedication.

-Responded to questions from Council.

Staff:

-Responded to questions from Council. 

There were no further comments.

6.

Termination

The Hearing was declared terminated at 6:36

7.

Call to Order the Regular Meeting

Mayor Dyas called the meeting to order at 6:36 pm

8.

Bylaws Considered at Public Hearing

8.1

START TIME 6:00 PM - Upper Mission Ct 5639 - BL12439 (OCP21-0021) - Calcan Investments Inc., Inc.No. BC0383776

• hodge ;lovegrove and cannan opposed
  Moved By Councillor Hodge
  Seconded By Councillor Lovegrove

  That Bylaw No. 12439 be read a second and third time and be adopted.

  
  
  
  Carried

8.2

START TIME 6:00 PM - Upper Mission Ct 5639 - BL12440 (Z21-0079) - Calcan Investments Inc., Inc.No. BC0383776

• hodge lovegrove & canna opposed
  Moved By Councillor Lovegrove
  Seconded By Councillor Hodge

  THAT Bylaw No. 12440 be read a second and third time and be adopted.

  
  
  
  Carried

9.

Termination

zTHe regular meeting terminated at 6:38 pm

10.

Call to Order the Public Hearing

The public hearing was called to order at 6:38 p.m.

11.

Individual Bylaw Submissions

11.1

START TIME 6:00 PM - Upper Mission Dr 5548 - OCP21-0015 (BL12442) Z21-0051 (BL12443) - Calcan Investments Inc., Inc. No. BC0383776

Staff:

- Displayed a PowerPoint Presentation summarizing the application.

Andre Bruce, Applicant 

-Displayed a PowerPoint presentation

-Spoke to the rock climbing assets in the area.

-spoke to the correspondence to the neighbourhood.

Mayor Dyas invited anyone participating online or in the gallery who deemed themselves affected to indicate they wish to speak followed by comments from Council.

Gallery:

Mike Weir, 1160 Trevor Drive, West Kelowna, President of Okanagan Rock Climbing Association

-Support for the application subject to access to climbing and the climbing area gets turned over to land and and three the access trail to the climbing remains open.

-Concerned regarding parking space being provided in the future for such a destination.

Online:

Andy & Janet Kluftinger, 

-Opposed to the application.

-Spoke to the need for parking being created by the developer.

-Spoke to the wildlife corridor through the lot.

Staff;

- Responded to questions from Council.

There were no further comments.

12.

Termination

The Hearing was terminated at 714

13.

Call to Order the Regular Meeting

714Mayor Dyas called the meeting to order at 

14.

Bylaws Considered at Public Hearing

14.1

START TIME 6:00 PM - Upper Mission Dr 5548 - BL12442 (OCP21-0015) - Calcan Investments Inc., Inc. No. BC0383776

• Hodge Lovegrove opposed
  Moved By Councillor Hodge
  Seconded By Councillor Lovegrove

  THAT Bylaw No. 12442 be read a second and third time.

  
  
  
  Carried

14.2

START TIME 6:00 PM - Upper Mission Dr 5548 - BL12443 (Z21-0051) - Calcan Investments Inc., Inc. No. BC0383776

Lovegrove - opposed

• opposed - Hodge/Lovegrove
  Moved By Councillor Lovegrove
  Seconded By Councillor Hodge

  THAT Bylaw No. 12443 be read a second and third time.

  
  
  
  Carried

15.

Termination

The meeting was declared terminated at 7:15 pm.

16.

Withdrawn

The meeting recessed at 7:15 pm

The meeting reconvened at 7:2 p.m

17.

Individual Bylaw Submission

18.

Withdrawn

19.

Withdrawn

20.

Bylaws Considered at Public Hearing

21.

Withdrawn

22.

Call to Order the Public Hearing

Mayor Dyas called the Hearing to order at 7:22 pm

23.

Individual Bylaw Submissions

23.1

START TIME 7:00 PM - Miller Rd 3940 - HD22-0001 (BL12450) -  Shona Renay Harrison

Staff:

- Displayed a PowerPoint Presentation summarizing the application.

Dr. Shona Harrison, 3940 Miller Road, Applicant 

-Displayed a PowerPoint presentation.

-Provided a background of previous owners.

-Provided an overview of the relocation

Mayor Dyas invited anyone participating online or in the gallery who deemed themselves affected to indicate they wish to speak followed by comments from Council.

Gallery:

Mike Shepley, 4050 Miller Road

-opposed to the application due to the zoning.

-Spoke to the counterpetition.

-Spoke to the Miller Road construction.

-Concerned with heritage zoning that people will come to look at it and cause parking and congestion problems..

-spoke to the easement and supreme court injunction saying no to easement.

-Spoke to other heritage sites having access. Concerned with the dead end of Miller Road and traffic.

Janice Henry, 1787 Mountain Avenue

-Supportive of the application.

-Spoke to the conservation of the house.

-Spoke to other houses in Kelowna that have been moved and maintained heritage designation such as McIver House.

-spoke to the Miller Road counterpetition.

Pam Nicolas, 4530 June Springs Road

-Supportive of the application and the house adding to the neighbourhood.

-Fortunate to have the house in the neighbourhood.

Tanya James, 39 Westwick Road

-Read a letter of support from previous owners of the house.

Lucy Ford 3650 Matthews Road, kelowna

-Spoke to traffic not being an issue. 

-Read comments from the Southeast Kelowna Facebook page.

Gillian Friesen 4380 Jaud Road

-In support of the application.

-Does not believe traffic will be an issue

Tyler Forgurth, legal representation for Mike Sheply

-Concern with parking access in the area.

Hanna Tran, 1750 Francis Avenue

-Support of the application.

-Member of SE Kelowna Facebook page.

???:

-Supportive of the application.

-Spoke to their heritage house.

-spoke to no issues of trespassing.

Hailey Reimer, Wallace Hill Road

-Support the application.

Dallas Quick, 3940 Miller Road

- Concerned with to access to the house.

Applicant in response

-spoke to the driveway easement.

-spoke to the Cross house and its relocation and heritage designation.

-spoke to the counterpetition. 

-Displayed photos of other designated houses and spoke to the heritage registry versus heritage designation.

-Spoke to letters of support from neighbours.

-Mayor requested Council to speak to the bylaw only.

Responded to questions from Council.

Staff;

-Responded to questions from Council.

There were no further comments.

• Moved By Councillor Singh
  Seconded By Councillor Cannan

  THAT the item be deferred until legal action has been resolved

  
  
  
  Defeated

24.

Termination

The hearing was declared terminated at 8:34 p.m.

25.

Call to Order the Regular Meeting

Mayor Dyas called the meeting to order at 8:34 p.m.

26.

Bylaws Considered at Public Hearing

26.1

START TIME 7:00 PM - Miller Rd 3940 - BL12450 (HD22-0001) - Shona Renay Harrison.docx

• opposed Canna, Singh
  Moved By Councillor Wooldridge
  Seconded By Councillor Hodge

  THAT Bylaw No. 12450 be read a second and third time and be adopted.

  
  
  
  Carried

27.

Development Permit and Development Variance Permit Reports

27.1

START TIME 7:45 PM - Clement Ave 647 - BL12336 (Z21-0066) - Madison Avenue Clement GP Inc., Inc.No. A0117433

• Moved By Councillor DeHart
  Seconded By Councillor Stack

  THAT Bylaw No. 12336 be rescinded at first, second and third reading.

  
  
  
  Carried

27.2

START TIME 7:45 PM - Clement Ave 647 - DP21-0150 DVP22-0042 - Madison Avenue Clement GP Inc., Inc. No. A0117433

Staff:

- Displayed a PowerPoint Presentation summarizing the application.

Dave Lewis, Ellis St, Applicant 

-Presented a PowerPoint presentation.

-Spoke to development in the neighbourhood.

-Reviewed the variances being requested.

-Staff responded to questions from Council.

-the applicant responded to questions from Council 

City Clerk/Mayor Dyas invited anyone participating online or in the gallery who deemed themselves affected to indicate they wish to speak followed by comments from Council.

No one Online or in the Gallery indicated they wished to speak.

Staff;

- Responded to questions from Council.

Applicant

-responded to questions from Council.

There were no further comments.

• Moved By Councillor Wooldridge
  Seconded By Councillor DeHart

  THAT Council authorizes the issuance of Development Permit No. DP21-0150 for Lot 1, District Lot 1039, ODYD, Plan EPP121801, located at 647 Clement Avenue, Kelowna, BC subject to the following:

  1. The dimensions and siting of the building to be constructed on the land be in accordance with Schedule “A”;
  2. The exterior design and finish of the building to be constructed on the land be in accordance with Schedule “B”;
  3. Landscaping to be provided on the land be in accordance with Schedule “C”;
  4. The applicant be required to post with the City a Landscape Performance Security deposit in the form of a “Letter of Credit” in the amount of 125% of the estimated value of the landscaping, as determined by a Registered Landscape Architect;

  AND THAT the applicant be required to complete the above noted conditions of Council’s approval of the Development Permit application in order for the permits to be issued;

  AND THAT Council authorizes the issuance of Development Variance Permit No. DVP22-0042 for Lot 1, District Lot 1039, ODYD, Plan EPP121801, located at 647 Clement Avenue, Kelowna, BC:

  AND THAT variances to the following sections of Zoning Bylaw No. 12375 be granted:

  Section 14.11.2: UC1 – Core Area & Other Zones, Commercial and Urban Centre Zone Development Regulations

  To vary the required minimum upper floor setback for a portion of the building above 16.0 m abutting the east property line from 4.0 m permitted to 0.0 m proposed.

  Section 14.11.2: UC1 – Core Area & Other Zones, Commercial and Urban Centre Zone Development Regulations

  To vary the required minimum upper floor setback for a portion of the building above 16.0 m abutting the west property line from 4.0 m permitted to 3.0 m proposed.

  AND FURTHER THAT this Development Permit and Development Variance Permit is valid for two (2) years from the date of Council approval, with no opportunity to extend.

  
  
  
  Carried

27.3

START TIME 7:45 PM - HWY 97 N 2339-2397 - DVP22-0134 - Dilworth Shopping Centre Ltd., Inc.No. 319846

Staff:

- Displayed a PowerPoint Presentation summarizing the application.

Alexis , Applicant 

-Beleive directional signs will assist in coordinating traffic for the drive through.

City Clerk/Mayor Dyas invited anyone participating online or in the gallery who deemed themselves affected to indicate they wish to speak followed by comments from Council.

No one Online or in the Gallery indicated they wished to speak.

Staff;

- Responded to questions from Council.

-Applicant responded to questions from Council.

There were no further comments.

• Moved By Councillor DeHart
  Seconded By Councillor Wooldridge

  THAT Council authorizes the issuance of Development Variance Permit No. DVP22-0134 for Lot A District Lots 126 and 532 ODYD Plan 40108, located at 2339-2397 HWY 97 N, Kelowna, BC;

  AND THAT variances to the following sections of Sign Bylaw No. 11530 be granted:

  Section 3.5.2 (c): Signs Not Requiring a Permit, Directional Sign, Regulations

  To vary directional sign regulations to allow for lit directional signs.

  Section 9.3 (b) h: Urban Commercial Zones, Signage Regulations

  To vary the maximum number of permanent illuminated fascia signs per business from two (2) permitted to three (3) proposed.

  AND FURTHER THAT this Development Variance Permit is valid for two (2) years from the date of Council approval, with no opportunity to extend.

  
  
  
  Carried

27.4

START TIME 7:45 PM - LakeAve274 - HAP22-0010 - Aleksandra Dulic

Staff:

- Displayed a PowerPoint Presentation summarizing the application.

Miles Thorogood, Applicant 

-Spoke to the alteration to the building.

Mayor Dyas invited anyone participating online or in the gallery who deemed themselves affected to indicate they wish to speak followed by comments from Council.

No one Online or in the Gallery indicated they wished to speak.

Staff;

- Responded to questions from Council.

There were no further comments.

• Moved By Councillor Singh
  Seconded By Councillor Hodge

  THAT Council authorizes the issuance of Heritage Alteration Permit No. HAP22-0010 for Lot B District Lot 14 ODYD PLAN 42536, located at 274 Lake Ave, Kelowna, BC subject to the following:

  1. The dimensions and siting of the building to be constructed on the land be in accordance with Schedule “A”;
  2. The exterior design and finish of the building to be constructed on the land, be in accordance with Schedule “B”;

  AND THAT a variance to the following section of Zoning Bylaw No. 12375 be granted:

  Section 11.5: RU1 – Large Lot Housing, Development Regulations

  To vary the required minimum side yard from 1.5 m permitted to 1.0 m proposed;

  AND FURTHER THAT this Heritage Alteration Permit is valid for two (2) years from date of Council approval, with no opportunity to extend.

  
  
  
  Carried

28.

Reminders

Councillor Hodge

Comment made about bicycle theft that apologize at the last meeting.

29.

Termination

The meeting was declared terminated at 9:49 p.m.

30.

Procedure on each Bylaw Submission