City of Kelowna

Meeting #:

Date:

Tuesday, September 20, 2022

Time:

4:00 P.m. - 4:00 P.m.

Location:

Council Chamber

City Hall, 1435 Water Street

Members Present

• Mayor Colin Basran, 
• Councillor Ryan Donn, 
• Councillor Gail Given, 
• Councillor Charlie Hodge, 
• Councillor Mohini Singh, 
• Councillor Luke Stack, 
• Councillor Loyal Wooldridge, 
• City Clerk, Stephen Fleming, 
• Legislative Coordinator (Confidential), 
• and Doug Gilchrist

Members Absent

• Councillor Maxine DeHart
• and Councillor Brad Sieben

---

1.

Call to Order

Mayor Basran called the meeting to order at 4:XX p.m.

2.

Confirmation of Minutes

• Moved By Councillor Given
  Seconded By Councillor Stack

  THAT the Minutes of the Regular AM Meeting  and Regular PM Meeting of August 22, 2022 be confirmed as circulated.

  
  
  
  Carried
• Moved By Councillor Hodge
  Seconded By Councillor Stack

  THAT the Minutes of the Regular Meeting of August 23, 2022 be confirmed as circulated.​

  
  
  
  Carried

3.

Resolution Closing the Meeting to the Public

• Moved By Councillor Hodge
  Seconded By Councillor Singh
  THAT this meeting be closed to the public pursuant to Section 90(1) (e) of the Community Charter for Council to deal with matters relating to the following:

  • Acquisition and Disposition of Land
  
  
  
  Carried

4.

Adjourn to Closed Session

The meeting adjourned to a closed session at 4:XX pm

5.

Reconvene to Open Session

The meeting reconvened to an open session at 4:26 p.m.

6.

Reports & Related Bylaws

6.1

2023 Permissive Tax Exemption - Bylaw 12408

Staff:

- Displayed a PowerPoint Presentation 

Staff to report back on why its excluded.

• Moved By Councillor Stack
  Seconded By Councillor Donn

  THAT Council receives, for information, the Report from the Revenue Supervisor dated September 20, 2022 with respect to the 2023 Permissive Tax Exemption Bylaw;

  AND THAT Bylaw No. 12408, being the Permissive Tax Exemption Bylaw be forwarded for reading consideration.

  
  
  
  Carried

6.2

Bl12408 - 2023 Permissive Tax Exemption Bylaw

• Moved By Councillor Donn
  Seconded By Councillor Singh

  THAT Bylaw No. 12408 be read a first, second and third time.

  
  
  
  Carried

6.3

Collett Road 467 - Z22-0018 (BL12425) - Peter Blom - Supplemental Report

• Moved By Councillor Given
  Seconded By Councillor Singh

  THAT Council receives, for information, the report from the Office of the City Clerk dated September 20, 2022 with respect to Zoning Bylaw No. 12425;

  AND THAT Rezoning Bylaw No.12425 be forwarded for further reading consideration.

  
  
  
  Carried

6.4

Collett Road 467 - BL12425 (Z22-0018) - Peter Blom

• THAT Bylaw No. 12425 be read a first, second and third time and be adopted.

  
  
  
  

6.5

Doyle Ave 550 - BL12415 (TA22-0013) - Multiple Owners

• opposed hodge
  Moved By Councillor Given
  Seconded By Councillor Stack

  THAT Bylaw No. 12415 be adopted.

  
  
  
  Carried

6.6

Doyle Ave 550 - BL12416 (Z21-0110) - Multiple Owners

• opposed hodge
  Moved By Councillor Stack
  Seconded By Councillor Singh

  THAT Bylaw No. 12416 be adopted.

  
  
  
  Carried

6.7

Doyle Ave 550 - DP21-0285 - Multiple Owners

Staff:

- Displayed a PowerPoint Presentation summarizing the application and responded to questions from Council.

-Staff 

• Moved By Councillor Donn
  Seconded By Councillor Wooldridge

  THAT final adoption of Text Amending Bylaw No. 12415 be considered by Council;

  AND THAT final adoption of Rezoning Bylaw No. 12416 be considered by Council;

  AND THAT Council authorizes the issuance of Development Permit No. DP21-0285 for PARCEL A (KK73272) DL 139 ODYD PLAN KAP45917, located at 550 Doyle 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”;
  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 FURTHER THAT this Development Permit is valid for two (2) years from the date of Council approval, with no opportunity to extend.

  
  
  
  Carried

7.

Adjourn the Meeting

The meeting adjourned at 5:14 pm

8.

Reconvene the Meeting

The meeting reconvened at 6:05 p.m.

9.

Reaffirmation of Oath of Office

The Oath of Office was read by Councillor Wooldridge.

10.

Liquor License Application Reports

10.1

START TIME 6:00 PM - Ellis Street 1383 - LL21-0009 - Revelry Holdings Ltd., Inc.No. BC1239987

Councillor Sieben declared a conflic tof interest as he has an interest in a number of liqour establishments and left the meeting at 6:07 p.m.

Staff:

- Displayed a PowerPoint Presentation summarizing the application and responded to questions from Council.

Online or in Gallery:

Lee SImon 1383 Simon Street, Applicant 

- Available for questions.

-Confirmed it is a fast casual cafe and it is also a music venue.

-Responded to questions from Council.

-Confirmed that fully enclosed space on the deck.

-Confirmed the third floor is now taken away.

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

Gallery:

Lloyd Peterson - 554 Doyle Ave

-opposed to the application

-spoke to sipporting a music hub and dining experience limited to 300 with hours restricted to 11pm

-spoke to the number of residents living in the immediate area.

-Reviewed the Vancouver entertainment districts as an example.

-Spoke to the 1 am experience in the area

-showed a diagram of 292 patrons to 685 patrons

-Spoke to Council Policy 359 only adjacent properties to be considered.

-Spoke to RCMP comments

-Spoke to a number of requirements not being followed as per Council Policy #359.

-Spoke to the music venue for school children.

-Spoke to the City having a feduciary duty to represent all residents an dbusinesses not just one club promoter.

Max Vanlon 1395 Ellis Street

- Spoke to the adjacent residents and referenced previous application for LL on Bernard next to ELLA.

Ellis Cipes, 1331 Ellis St

- Supportive of the application. See it as a positive step to building the area and cultural district.

Noel Wentworth, 455 Glenpine Court

- Supportive of the application.

-spoke to the need for more venues for youth and students to perform.

Online:

Sophia Fuscoe, 1895 Corgans Court

-supportive of the application

-Spoke to the need for a venue for youth and students to perform.

Applicant in Response

-Responded to questions from Council.

-Spoke to the differences between a music hall and a nightclub.

-Spoke to the neighbourhood consultation.

-Spoke to fire exits and building permit regulations being met.

There were no further comments.

• opposed -
  Moved By Councillor Hodge
  Seconded By Councillor Wooldridge

  THAT Council direct Staff to forward the following Recommendation to the Provincial Liquor and Cannabis Regulation Branch (LCRB):

  In accordance with ‘Division 9 (71)’ of the Liquor Control and Licensing Regulation and Council Policy no. 359, BE RESOLVED THAT:

  1. Council recommends support of an application from Lee Simon for a liquor primary license for Lot 8 District Lot 139 ODYD Plan 432, located at 1383 Ellis Street, Kelowna, BC for the following reasons:
     1. Council Policy No. 359, recommends the large establishments should be located within Urban Centres.
  2. Council’s comments on LCLB’s prescribed considerations are as follows:

     Criteria for new liquor primary:

     1. The location of the establishment:

        The subject property is located within the Downtown Urban Centre and is surrounded by a variety of other commercial, residential, and mixed-use developments.

     2. The proximity of the establishment to other social or recreational facilities and public buildings:

        The site is located near the Kelowna Downtown Library, Kelowna Community Theatre, Kasugai Gardens and City Hall. In addition, the Kelowna’s Actor’s Studio is directly to the North.

     3. The person capacity and hours of liquor service of the establishment:

        The business proposes a total capacity of 685 persons as follows: Main Floor – 418 persons, Second Floor – 267 persons; with hours of service as follows:

        1. 7:00am to 12:00am Sunday to Thursday.
        2. 7:00am to 1:00am Friday to Saturday.
     4. The number and market focus or clientele of liquor-primary license establishments within a reasonable distance of the proposed location:

        The location is next door to another liquor primary, however, there are no others in the vicinity.

     5. The impact of noise on the community in the immediate vicinity of the establishment:

        The proposal does not include any outdoor activities, and all activities will be contained within the structure. The applicant has introduced noise mitigating factors like ending any live music one hour before the end of the proposed hours of liquor sales.

     6. The impact on the community if the application is approved:

        Staff do not anticipate any negative impacts to the community.

  3. Council’s comments on the views of residents are as contained within the minutes of the meeting at which the application was considered by Council. The methods used to gather views of residents were as per Council Policy #359 “Liquor Licensing Policy and Procedures.”
  
  
  
  Carried

11.

Development Permit and Development Variance Permit Reports

11.1

START TIME 6:00 PM - Abbott St 1986 - HAP22-0008 - Skill-Tech Builders Inc

Staff:

- Displayed a PowerPoint Presentation summarizing the application and responded to questions from Council.

Online or in Gallery:

Applicant 

- Available for questions

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

None Online or in the Gallery indicated they wished to speak.

There were no further comments.

• Moved By Councillor Wooldridge
  Seconded By Councillor Donn

  THAT Council authorizes the issuance of Heritage Alteration Permit No. HAP22-0008, for LOT 1 DL 14 ODYD PLAN KAP70173, located at 1986 Abbott St, Kelowna, BC subject to the following:

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

  AND THAT a variance to the following section of Zoning Bylaw No. 8000 be granted:

  Section 13.1.6(d): RU1 – Large Lot Housing, Development Regulations

  To vary the required minimum side yard from 2.3 m permitted for a 2 or a 2 ½ storey portion of a building to 1.15 m proposed.

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

  
  
  
  Carried

11.2

START TIME 6:00 PM - McDougall St 1978 - HAP22-0009 - Terry Jennens

Staff:

- Displayed a PowerPoint Presentation summarizing the application and responded to questions from Council.

Online or in Gallery:

 Applicant 

-Available to answer questions. 

Mayor Basran 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.

There were no further comments.

Applicant spoke to the viking ship on the property.

Spoke to making the workshop an addition so he can better maintain the main house.

• Moved By Councillor Hodge
  Seconded By Councillor Singh

  THAT Council authorizes the issuance of Heritage Alteration Permit No. HAP22-0009 for LOT A DL 14 ODYD PLAN EPP38244, located at 1978 McDougall St, 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. 8000 be granted:

  Section 13.1.6(d): RU1 – Large Lot Housing Development Regulations

  To vary the required minimum side yard from 2.0 m for a 1 or 1 ½ storey building permitted to 1.3 m proposed;

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

  
  
  
  Carried

11.3

START TIME 6:45 PM - Drysdale Blvd 305 - BL12332 (Z21-0059) - Will McKay and Co Ltd., Inc.No. BC0306923

• siben
  Moved By Councillor Donn
  Seconded By Councillor Given

  THAT Bylaw No. 12332 be amended at third reading by deleting the Legal Description that reads:

  “a)  Lot 5 Section 33, Township 26 ODYD, Plan EPP 48909 located at 301 Drysdale Boulevard, Kelowna, BC; and

  b) Lot 4 Section 33, Township 26, ODYD, Plan EPP48909 located at 305 Drysdale Boulevard, Kelowna, BC”

  And replacing it with:

  “Parcel A (Being a Consolidation of Lots 4 and 5, See CA9869654) Section 33 Township 26 ODYD Plan EPP48909”

   

  AND THAT “301 and” be deleted from the title.

  
  
  
  Carried
• Moved By Councillor Donn
  Seconded By Councillor Singh

  THAT Bylaw No. 12332, as amended, be adopted.

  
  
  
  Carried

11.4

START TIME 6:45 PM - Drysdale Blvd 305 - DP21-0130 DVP21-0131 - Will McKay and Co. Ltd., Inc.No. BC0306923

Staff:

- Displayed a PowerPoint Presentation summarizing the application and responded to questions from Council.

Online or in Gallery:

Applicant 

- Applicant available for questions. 

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

Online:

Ben Hansford, 300 Drysdale Blvd.

-Concerned for safety and traffic increase in the neighbourhood.

-Questioned what parking facilities are being provided onsite.

Jordan Hettinga, 1876 Hemlick Rd, Applicant's Agent

-Spoke to the traffic calming being implemented.

-Spoke to additional bike parking being provided.

There were no further comments.

• sieben
  Moved By Councillor Wooldridge
  Seconded By Councillor Singh

  THAT Rezoning Bylaw No. 12332 be amended at third reading to revise the legal description of the subject property from LOT 5 SECTION 33 TOWNSHIP 26 OSOYOOS DIVISION YALE DISTRICT PLAN EPP48909 and LOT 4 SECTION 33 TOWNSHIP 26 OSOYOOS DIVISION YALE DISTRICT PLAN EPP48909 to PARCEL A (BEING A CONSOLIDATION OF LOTS 4 AND 5, SEE CA9869654) SECTION 33 TOWNSHIP 26 OSOYOOS DIVISION YALE DISTRICT PLAN EPP48909;

  AND THAT final adoption of Rezoning Bylaw No. 12332 be considered by Council;

  AND THAT Council authorizes the issuance of Development Permit No. DP21-0130 and Development Variance Permit No. DVP21-0131 for PARCEL A (BEING A CONSOLIDATION OF LOTS 4 AND 5, SEE CA9869654) SECTION 33 TOWNSHIP 26 OSOYOOS DIVISION YALE DISTRICT PLAN EPP48909, located at 305 Drysdale Blvd, 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 variances to the following sections of Zoning Bylaw No. 8000 be granted:

  Section 13.11.6(c): RM5 – Medium Density Multiple Housing Development Regulations

  To vary the required maximum height from 18.0 m or 4.5 storeys permitted to 17.8 m or 6 storeys proposed.

  Section 13.11.6(e): RM5 – Medium Density Multiple Housing Development Regulations

  To vary the required minimum side yard (east) from 7.0 m permitted to 6.01 m proposed.

  Section 13.11.6(f): RM5 – Medium Density Multiple Housing Development Regulations

  To vary the required minimum rear yard from 9.0 m permitted to 6.02 m proposed.

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

  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

11.5

START TIME 6:45 PM - Cariboo Rd 200 - DVP22-0114 - Genevieve Schulz and Nicolas Schulz

Staff:

- Displayed a PowerPoint Presentation summarizing the application and responded to questions from Council.

Online or in Gallery:

Applicant 

-Available for questions. 

Mayor Basran 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.

There were no further comments.

• Sieben 1st
  Moved By Councillor Singh
  Seconded By Councillor Stack

  THAT Council authorizes the issuance of Development Variance Permit No. DVP22-0114 for Lot A Section 4 Township 23 ODYD Plan EPP85121, located at 200 Cariboo Road, Kelowna, BC;

  AND THAT variances to the following section of Zoning Bylaw No. 8000 be granted:

  Section 13.6.6(h): RU6 – Two Dwelling Housing, Development Regulations

  To vary the required minimum rear yard from 7.5 m permitted to 4.5 m 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

11.6

START TIME  6:45 PM - 1746 Tronson Drive - DVP22-0131 - Marino Bigattini and Bernadette Bigattini

Staff:

- Displayed a PowerPoint Presentation summarizing the application and responded to questions from Council.

Online or in Gallery:

@, Applicant 

- 

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

Gallery:

- 

Online:

- 

OR

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

There were no further comments.

• Moved By Councillor Given
  Seconded By Councillor Wooldridge

  THAT Council authorizes the issuance of Development Variance Permit No. DVP22-0131 for Lot 1 Section 29 Township 26 ODYD Plan 24924, located at 1746 Tronson Drive, Kelowna, BC;

  AND THAT variances to the following section of Zoning Bylaw No. 8000 be granted:

  Section 13.1.6(c): RU1 – Large Lot Housing, Development Regulations

  To vary the required minimum front yard from 4.5 m permitted to 2.47 m 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

13.

Termination

The meeting was declared terminated at 756