City of Kelowna

Regular Council Meeting

Minutes

Meeting #:
Date:	Monday, September 13, 2021
Time:	1:30 P.m. - 1:30 P.m.
Location:	Council Chamber City Hall, 1435 Water Street

Members Present

• Mayor Colin Basran,
• Councillor Maxine DeHart,
• Councillor Ryan Donn,
• Councillor Charlie Hodge,
• Councillor Brad Sieben,
• Councillor Mohini Singh,
• Councillor Luke Stack,
• and Councillor Loyal Wooldridge

Members Absent

• Councillor Gail Given

Staff Present

• Council Recording Secretary, Arlene McClelland,
• Doug Gilchrist,
• and Laura Bentley

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1.

Call to Order

Mayor Basran called the meeting to order at 1:32 p.m.

I would like to acknowledge that we are gathered today on the traditional, ancestral, unceded territory of the syilx/Okanagan people.

In accordance with the most recent Interior Health Restrictions regarding gatherings and events, a maximum of 39 members of the public is permitted to attend Council meetings in-person.  Members of the public must reman seated unless invited to address Council.

As an open meeting, a live audio-video feed is being broadcast and recorded on kelowna.ca.

2.

Confirmation of Minutes

• Moved By Councillor Wooldridge
  Seconded By Councillor Hodge

  THAT the Minutes of the Regular Meetings of August 23, 2021 be confirmed as circulated.​

  
  
  
  Carried

3.

Development Application Reports & Related Bylaws

3.1

Highway 97 N 4690 - A20-0008 - City of Kelowna

Staff:

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

- Historical context was good.

- Demonstrates consistency with policy, approvals and long term planning with the city.

Hodge and Singh - Opposed

• Moved By Councillor Wooldridge
  Seconded By Councillor Stack

  THAT Agricultural Land Reserve Appeal No. A20-0008 for The South West ¼ of Section 11 Township 23 ODYD Except: (1) Those Parts Shown on Plan Attached to DD 1953D (2) Plans 10273, 18883, H764, H16596 And KAP83101 (3) Parcel A (E10197) and The North West ¼ of Section 2 Township 23 ODYD Except: (1) Those Parts Shown on Plan Attached to DD1953D (2) Part Described in DD 169668F (3) Plans 12349, H764, H16596, KAP83101 and EPP76079 located at 4690 Highway 97 North, Kelowna, BC for an “Exclusion” under Section 29(1) of the Agricultural Land Commission Act, be supported by Council;

  AND THAT Council direct Staff to forward the subject application to the Agricultural Land Commission for consideration.

  
  
  
  Carried

3.2

Takla Rd 4380 - A21-0006 - Lark Farms Inc., In. No. 537531

Staff:

- Displayed a PowerPoint Presentation summarizing the application..

• Moved By Councillor Sieben
  Seconded By Councillor DeHart

  THAT Agricultural Land Reserve Appeal No. A21-0006 for Lot 1, Sections 32, Township 29, ODYD Plan KAP74909 located at 4380 Takla Road, Kelowna, BC for a “Non-Adhering Residential Use Permit” under Section 20.1(2) of the Agricultural Land Commission Act, be supported by Council;

  AND THAT Council direct Staff to forward the subject application to the Agricultural Land Commission for consideration.

  
  
  
  Carried

3.3

East Kelowna Rd 2981 - A21-0009 - Edithe Kathlien Ross

Staff:

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

• Moved By Councillor Sieben
  Seconded By Councillor Stack

  THAT Agriculture Land Reserve Appeal No. A21-0009 for Lot 2 Section 15 Township 26 ODYD Plan 736 located at 2981 East Kelowna Road, Kelowna, BC for a Non-Farm Use in the Agricultural Land Reserve pursuant to Section 20(3) of the Agricultural Land Commission Act, be supported by Council;

  AND THAT Council directs Staff to forward the subject application to the Agricultural Land Commission for consideration.

  
  
  
  Carried

3.4

Sherwood Rd 639 - Z21-0067 (BL12264) - Yunfang Gao

Staff:

- Displayed a PowerPoint Presentation summarizing the application.

• Moved By Councillor Sieben
  Seconded By Councillor DeHart

  THAT Rezoning Application No. Z21-0067 to amend the City of Kelowna Zoning Bylaw No. 8000 by changing the zoning classification of Lot 2 District Lot 358 ODYD Plan 16547, located at 639 Sherwood Road, Kelowna, BC from the RU1 – Large Lot Housing zone to the RU6 – Two Dwelling Housing zone be considered by Council;

  AND THAT Council, in accordance with Local Government Act s. 464 (2), waive the Public Hearing for the Rezoning Bylaw;

  AND THAT final adoption of the Rezoning Application be considered subsequent to the outstanding conditions of approval as set out in Schedule “A” attached to the Report from the Development Planning Department dated September 13^th, 2021;

  AND FURTHER THAT final adoption of the Rezoning Bylaw be considered subsequent to the issuance of the Preliminary Layout Review Letter by the Approving Officer.

  
  
  
  Carried

3.5

Sherwood Rd 639 - BL12264 (Z21-0067) - Yunfang Gao

• Moved By Councillor Wooldridge
  Seconded By Councillor Donn

  THAT Bylaw No. 12264 be read a first time.

  
  
  
  Carried

3.6

Fleming Rd 470 - Z21-0027 (BL12273) - 1306876 BC Ltd., Inc. No. BC13066876

Staff:

- Displayed a PowerPoint Presentation summarizing the application.

• Moved By Councillor Singh
  Seconded By Councillor Donn

  THAT Rezoning Application No. Z21-0027 to amend the City of Kelowna Zoning Bylaw No. 8000 by changing the zoning classification of Lot C Section 27 Township 26 ODYD Plan KAP79327, located at 470 Fleming Road, Kelowna, BC from the RU1 – Large Lot Housing zone to the RM4 – Transitional Low Density Housing zone, be considered by Council;

  AND THAT the Rezoning Bylaw be forwarded to a Public Hearing for further consideration;

  AND THAT final adoption of the Rezoning Bylaw be considered subsequent to the outstanding conditions of approval as set out in Schedule “A” attached to the Report from the Development Planning Department dated September 13, 2021;

  AND THAT final adoption of the Rezoning Bylaw be considered subsequent to the approval of the Ministry of Transportation and Infrastructure;

  AND FURTHER THAT final adoption of the Rezoning Bylaw be considered in conjunction with Council’s consideration of a Development Permit for the subject property.

  
  
  
  Carried

3.7

Fleming Rd 470 - BL12273 (Z21-0027) - 1306876 BC Ltd., Inc. No. BC13066876

• Moved By Councillor Donn
  Seconded By Councillor Wooldridge

  THAT Bylaw No. 12273 be read a first time.

  
  
  
  Carried

3.8

Gerstmar Rd 440 - Z21-0063 (BL12274) - Benjamin Cherney

Staff:

- Displayed a PowerPoint Presentation summarizing the application.

• Moved By Councillor Stack
  Seconded By Councillor Singh

  THAT Rezoning Application No. Z21-0063 to amend the City of Kelowna Zoning Bylaw No. 8000 by changing the zoning classification of Lot A, Section 22, Township 26, ODYD, Plan 29966, located at 440 Gerstmar Road, Kelowna, BC from the RU1 – Large Lot Housing zone to the RU6 – Two Dwelling Housing zone be considered by Council;

  AND THAT Council, in accordance with Local Government Act s. 464(2), waive the Public Hearing for the Rezoning Bylaw;

  AND THAT final adoption of the Rezoning Bylaw be considered subsequent to the outstanding conditions of approval as set out in Schedule “A” attached to the Report from the Development Planning Department dated September 13, 2021;

  AND FURTHER THAT final adoption of the Rezoning Bylaw be considered subsequent to the approval of the Ministry of Transportation and Infrastructure.

  
  
  
  Carried

3.9

Gerstmar Rd 440 - BL12274 (Z21-0063) - Benjamin Cherney

• Moved By Councillor Donn
  Seconded By Councillor Wooldridge

  THAT Bylaw No. 12274 be read a first time.

  
  
  
  Carried

3.10

Buckhaven Crt 4973 - Z21-0036 (BL12276) - Mair Developments Ltd., Inc. No. BC0753083

Staff:

- Displayed a PowerPoint Presentation summarizing the application.

• Moved By Councillor Donn
  Seconded By Councillor Sieben

  THAT Rezoning Application No. Z21-0036 to amend the City of Kelowna Zoning Bylaw No. 8000 by changing the zoning classification of a portion of Lot 1, Sections 20 and 29, Township 29, SDYD, Plan EPP100536, located at 4973 Buckhaven Court, Kelowna, BC from the A1 – Agriculture 1 zone to the RU2 – Medium Lot Housing zone as shown on Map “A” attached to the Report from the Development Planning Department dated September 13, 2021, be considered by Council;

  AND THAT Council, in accordance with Local Government Act s. 464(2), waive the Public Hearing for the Rezoning Bylaw;

  AND FURTHER THAT final adoption of the Rezoning Bylaw be considered subsequent to the issuance of a Preliminary Layout Review Letter by the Approving Officer.

  
  
  
  Carried

3.11

Buckhaven Crt 4973 - BL12276 (Z21-0036) - Mair Developments Ltd., Inc. No. BC0753083

• Moved By Councillor Donn
  Seconded By Councillor Wooldridge

  THAT Bylaw No. 12276 be read a first time.

  
  
  
  Carried

3.12

Radant Rd 575 - Z21-0074 (BL12277) - Lihua Feng

Staff:

- Displayed a PowerPoint Presentation summarizing the application.

• Moved By Councillor Hodge
  Seconded By Councillor Donn

  THAT Rezoning Application No. Z21-0074 to amend the City of Kelowna Zoning Bylaw No. 8000 by changing the zoning classification of Lot A Section 1 Township 25 ODYD Plan 11054, located at 575 Radant Road, Kelowna, BC from the RU1 – Large Lot Housing zone to the RU6 – Two Dwelling Housing zone, be considered by Council;

  AND THAT Council, in accordance with Local Government Act s. 464 (2), waive the Public Hearing for the Rezoning Bylaw;

  
  
  
  Carried

3.13

Radant Rd 575 - BL12277 (Z21-0074) - Lihua Feng

• Moved By Councillor Wooldridge
  Seconded By Councillor Donn

  THAT Bylaw No. 12277 be read a first time.

  
  
  
  Carried

3.14

Supplemental Report - Gaspardone Rd 4554 - Z21-0057 (BL12257) - Jeffrey and Ingrid Douziech

• Moved By Councillor Donn
  Seconded By Councillor Wooldridge

  THAT Council receives, for information, the report from the Office of the City Clerk dated September 13, 2021 with respect to the summary of correspondence received for Zoning Bylaw No. 12257;

  AND THAT Rezoning Bylaw No. 12257 be forwarded for further reading consideration.

  
  
  
  Carried

3.15

Gaspardone Rd 4554 - BL12257 (Z21-0057) - Jeffrey and Ingrid Douziech

• Moved By Councillor Donn
  Seconded By Councillor Wooldridge

  THAT Bylaw No. 12257 be read a second and third time and be adopted.

  
  
  
  Carried

3.16

Supplemental Report - Paret Pl 681 - Z21-0052 (BL12261) - Derek J. Klask

• Moved By Councillor Hodge
  Seconded By Councillor Stack

  THAT Council receives, for information, the report from the Office of the City Clerk dated September 13, 2021 with respect to the summary of correspondence received for Zoning Bylaw No. 12261;

  AND THAT Rezoning Bylaw No. 12261 be forwarded for further reading consideration.

  
  
  
  Carried

3.17

Paret Pl 681 - BL12261 (Z21-0052) - Derek J. Klask

• Moved By Councillor DeHart
  Seconded By Councillor Stack

  THAT Bylaw No. 12261 be read a second and third time and be adopted.

  
  
  
  Carried

3.18

Pandosy St 2340 - BL12056 (Z19-0135) - Rezoning Bylaw Extension Request

• Moved By Councillor Sieben
  Seconded By Councillor Singh

  THAT in accordance with Development Application Procedures Bylaw No. 10540, the deadline for the adoption of Rezoning Amendment Bylaw No. 12056, for Lot 2 District Lot 14 ODYD Plan 12868, located at 2340 Pandosy St, Kelowna, BC, be extended from July 13, 2021 to July 13, 2022.
  
  AND THAT Council direct Staff to not accept any further extension requests.

  
  
  
  Carried

3.19

Cara Glen Crt 1455 - DP21-0115 - Prime Clifton Homes Inc., Inc. No. A0116073

Mayor Basran declared a conflict of interest as he owns a townhouse in the neighbouring property and departed the meeting at 3:02 p.m.

Deputy Mayor Stack assumed the Chair at 3:02 p.m.

Staff:

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

Council raised concerns with lack of green space or children's play area.

Hodge - Opposed

CM - provide direction to staff in future to the City's DP guidelines or zoning bylaw - time to discuss with staff to amend this with greater open space. 

AFTER RECOMMENDATION:

Mayor Basran resumed the Chair at 3:22 p.m.

• Moved By Councillor Sieben
  Seconded By Councillor Wooldridge

  THAT Council authorizes the issuance of Development Permit No. DP21-0115 for Lot 3 Section 31 Township 26 ODYD Plan EPP100150, located at 1455 Cara Glen Court, 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”; and

  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.

  
  
  
  Carried

4.

Bylaws for Adoption (Development Related)

4.1

South Ridge Dr 5008 - BL12222 (Z21-0049) - Nonis Developments LTD., INC.NO BC0938873

• Moved By Councillor DeHart
  Seconded By Councillor Stack

  THAT Bylaw No. 12222 be amended at third reading by deleting from the legal description:

  • "Lot 1"

  And replacing with:

  • "Lot 2"
  
  
  
  Carried
• THAT Bylaw No. 12222, as amended, be adopted.

  
  
  
  

4.2

Mantle Crt 1870 Walburn Rd 2903 Gallagher Rd 2975 - BL12258 (OCP21-0005) - RDCO, David and Laura Geen

• Moved By Councillor Sieben
  Seconded By Councillor DeHart

  THAT Bylaw No. 12258 be adopted.

  
  
  
  Carried

4.3

Mantle Crt 1870 Walburn Rd 2903 Gallagher Rd 2975 - BL12259 (Z21-0010) - RDCO, David and Laura Geen

• Moved By Councillor Sieben
  Seconded By Councillor DeHart

  THAT Bylaw No. 12259 be adopted.

  
  
  
  Carried

5.

Non-Development Reports & Related Bylaws

5.1

Kelowna International Airport Fees Bylaw Change

Staff:

- Provided an overview of the Airport Fees Bylaw amendment and pilot project with UBCO and responded to questions from Council.

• Moved By Councillor Wooldridge
  Seconded By Councillor Hodge

  THAT Council receive for information the report of the Kelowna International Airport dated September 13, 2021;

  AND FURTHER THAT Bylaw No. 12278 being Amendment No. 37 to the City of Kelowna Airport Fees Bylaw 7982 be advanced for reading consideration.

  
  
  
  Carried

5.2

BL12278 - Amendment No. 37 to Airport Fees Bylaw No. 7982

• Moved By Councillor DeHart
  Seconded By Councillor Sieben

  THAT Bylaw No. 12278 be read a first, second and third time.

  
  
  
  Carried

6.

Mayor and Councillor Items

Councillor Stack:

- today is first day of vacine passport, went for lunch and asked for passport and id.  encourage those to be prepared with vaccine passports and away to support restauratnerrs

Councillor DeHart:

- painless at lunch today to provide passport.  Hope the plan goes well

Councillor Sieben:

- somehting our busineess community in gerneral has found a way to run their business with the vaccine passports and have predictable business.  as much as we can help amplify the messaging; local restructins should have fallen off with passport usage.  mayor will have info on this for Council

 

 

Councillor Wooldridge:

- Councillor passed away in Vernon, OK Film Commission worked with him. providing condolences.

 

Councillor Singh:

- last day for advanced voting encourage people to vote.

Councillor Donn:

- Kelowna Fringe happening this week, events are starting back up. this is the event season in Kelowna.  encourage people to attend a variety events. this is a way to open the economy.  nice to have a path forward.  85% first dose.

Mayor Basran:

- on behalf of council lends support businesses who are using the vaccine card, we are with you.  bylaw officers will respond to complaints and will attempt to get voluntary compliance - read from statement. 

7.

Termination

This meeting was declared terminated at 334