City of Kelowna

Meeting #:
Date:
Time:
-
Location:
Council Chamber
City Hall, 1435 Water Street
Members Present
  • Mayor Colin Basran, 
  • Councillor Ryan Donn, 
  • Councillor Gail Given, 
  • Councillor Charlie Hodge, 
  • Councillor Brad Sieben, 
  • Councillor Mohini Singh, 
  • Councillor Luke Stack, 
  • Councillor Loyal Wooldridge, 
  • City Clerk, Stephen Fleming, 
  • Council Recording Secretary, Arlene McClelland, 
  • and Doug Gilchrist
Members Absent
  • Councillor Maxine DeHart

Mayor Basran called the meeting to order at 6:06 p.m.

The Oath of Office was read by Councillor Stack.

  • THAT the Minutes of the Public Hearing and Regular Meeting of August 9, 2022 be confirmed as circulated.​



Staff:

- Displayed a PowerPoint Presentation summarizing the application.

Online:

Patrick Yang, Pacific West Architecture, 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.

  • Moved ByCouncillor Singh
    Seconded ByCouncillor Wooldridge

    THAT Council authorizes the issuance of Development Permit No. DP20-0122 and Development Variance Permit No. DVP20-0123 for LOT 21 DISTRICT LOT 137 OSOYOOS DIVISION YALE DISTRICT PLAN 10011, located at 1365 Belaire Ave, Kelowna, BC and for STRATA LOT 1 DISTRICT LOT 137 OSOYOOS DIVISION YALE DISTRICT STRATA PLAN K25 TOGETHER WITH AN INTEREST IN THE COMMON PROPERTY IN PROPORTION TO THE UNIT ENTITLEMENT OF THE STRATA LOT AS SHOWN ON FORM 1 and STRATA LOT 2 DISTRICT LOT 137 OSOYOOS DIVISION YALE DISTRICT STRATA PLAN K25 TOGETHER WITH AN INTEREST IN THE COMMON PROPERTY IN PROPORTION TO THE UNIT ENTITLEMENT OF THE STRATA LOT AS SHOWN ON FORM 1, located at 1840-1850 Chandler 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”;

    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 13.12.6(b): RM6 – High Rise Apartment Housing, Development Regulations

    To vary the required maximum site coverage for principal buildings, accessory structures, and parking areas and driveways from 50% permitted to 61% proposed.

    Section 13.12.6(e): RM6 – High Rise Apartment Housing, Development Regulations

    To vary the required minimum flanking side yard (north) from 6.0 m permitted to 4.3 m proposed.

    Section 13.12.6(e): RM6 – High Rise Apartment Housing, Development Regulations

    To vary the required minimum flanking side yard (south) from 6.0 m permitted to 4.0 m proposed.

    AND THAT lot consolidation be completed in order for the permits to be issued;

    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

Mayor Basran declared a conflict of interest as he owns a home within the notification area and departed the meeting at 6:18 p.m. and Deputy Mayor Hodge took the Chair.

Staff:

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

Karl Miller, CEO Meridian Development Corp, Applicant 

- Displayed a PowerPoint Presentation.

-  Advised that the presentation has changed from what was provided in Council's package to include additional slides.

- Introduced the local design team: dave cullen, CTQ Davon Sallon urban designa mayr lapointe shane green, lesley hardy landscape architect, 

- Spoke to what the company Meridian is about- who they are.

- Displayed a number of renderings of the different buildings.  proud of the link to residences who live within the building and those who live beside. located right next to knox mtn and all it has to offer residents.

- Believe they have the best designs for this area.  communty access to knox mountain park.  

- Provided a zoning summary.:

    displayed the site plan, green roof.

     - key highlghts rm4 allows for max 50% site coverage, maximizng green space areas, only 29% of site coverage, the remainder is left in the green state.

- spoke to the cross sections, with setbacks.  

- spoke to requested variance retaining wall height - 1.2 meters to a maximum of 3 meters 1.8 meter over what is allowed.

and second variance is the length of the building frontage.- the proposed building frontages are 90 meters, a variance from 40 meters as stipulated in the zoning. the longest unbroken span of the building is 40 meters. 

- Through multiple revisions to the plans we did gain administration's support for these variances

- Spoke to neighbourhood consultation summary -   232 brochures sent to neighbours within a 100 m radius which is double the 50 m requirement.

-had one on one meetings to hear residents concerns, common themes was density, increased traffic shortage of on street parking, access to greenspace, concerns specific to variance requests was building height building frontage and retaining wall.

- Spoke to changes made to the building design and massing, building height reduction, access to Knox Mountain and greenspace dedication, Increased parking, reduced the retaining wall height and decreased density, based on community feedback.

- Responded to questions from Council.

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:

Marshall Mack 485 Groves Ave

- Have been involved with sales of a lot of this land, heard of density complaints, had this property sold in 2007 was going to be a large dense projects but fell apart in 2008.

- This was always suppose to be a dense site.

- Responded to questions from Council.

Wesley Shields, lives in subdivision

lived in this area for past 12 years, resident in Kelowna for 30 years

- used tobe president of Chamber of Commerce, supported cd21 development downtown.

- not appropriate for the area and uniqueness, 2 storey townhomes that have been there along time.

- referenced many letters in opposition.  those supported this application do not live in the area.

- this is not the proper place for this development.  

- this is a unique piece of property with 7 acres of land, its up against Knox Mountain with a slope and limited to what can be built - trhere is only single family and townhome dwellings, does not fit within the neighbourhhood.

- Questioned the form and character of the area.  

- Referenced his previously submitted correspondence.

- Responded to questions from Council.

Murry Forbanack, Boynton Place

- Selective camera angles that neither capture the full magntitude of the project.

- this a unique site and challenges were known prior to the purchase by the developer.

- Variance on frontage, the city's preference is 40 m per building they want 90 m each on all 3 buildings. 

- this development does not belong in this tiny community, referenced malls that have a lesser span than what this devevloper is suggesting for apartment buildings.

- this will be an unlicesned hotel with an air b and b.  

- there is no greenspace or amenities. 

- The RM4 building height maximum is to be lesser  than 3 storeys.  front yards 6 m setbacks these are 4.5 m.

Carol Miller Bonjour Court

- tree protectors

- opposed to this application.

- spoke to saving tree canopy to assist with climate change.

- Raised concerns with loss of trees at Boynton Place.

- the geotechnical report noted slope collapse. large retaining wall will be put in place and trees below and above will need to be removed whichare native to the area.

- The proposed large buildings are really too much for this site.  

- Responded to questions from Council.

Online:

Matt Gunn,821 Marten Ave

- Lived in Kelowna in 20 years.

- Noted the lack of affordable and attainable housing.

- see the affects of attainable of housing.  how can you work in this community and have a home.

- Support his application.

- need many more affordable housing and mental health supports.

Nikki Csek, 848 Westpoint Drive

- marketing agency is not under any retainer

- want more housing supply into the market, signifcant rental shortage

- 50 people employed with us, 24 year in business, challenge to secure employees.  3000 clients, and have diversified portfolio.  All struggling for employees nad hte biggest hurdles is housing challenges.  

- Canada has lowest housing 

- this proposal does not set precedent of what the future needs 

- Developer has listened to the community and has made significant changes to the proposal.

Support the application.

Wes Rota, 705 traditional way

- support housing but do not support the variances on the proejct.

- price point was never indicated by this developer.

- they can go to market pricing and this is not the neighbourhood for it.

- Opposed

Gallery:

Susan Smith, 885 Boynton place

- referenced previously submitted correspondence.

- spoke to City Memorandum, land transfer where rezoning 

- this is a 4 storey building, when their are apartment units on 4 different floors. any 4 sotrye needs a requiest for variance.

- reference for curb cuts for parking lots, there are 3 not 2 curb cuts on boynton nad one on Highpoint. 

- garages built are only have 1 bay and most families have 2 vehicles. 

- only green space is a tiny green park for childs play area, building no. 1

- concerned with managing a construction site when it takes up every inch of flat land. 

- will be removing an enormous amount of earth.

Chris Collins, 707 Boynton Place

- previous developments in the area, pool and side slope has sloped away.  criack in foundations,

- form and character, 

- market comparables it will not be affordable or accessible to transit.  the affordable housing does not fit within this community.

- changes the visible environment in a negative way.

- Spoke to mental well being with nature and trees and removing has a negative impact on our health.

Lyndsay Poranc 715 Boynton place

- will change the look of this neighbourhood. 

- south side will be well over variance height.

- Referenced the 2040 OCP, 

- will change the character of the neibhbourhood not for the better.

- need a park space in the area.

- Referenced the Monday Council meeting votes and comments on various projects.

- environment will be negatively impacted.  

- not opposed to development on this site but not this proposal.

Susan Aimes, 1383 Abbott Street

- agree with carol millers statements about the trees and the slope.

- Geotechnical background, referenced documents, 25 meter bench that runs along the base, but this site is located on a hazardous area, they want to excavate into a hazardous site.

- silt and clay and gravels, has no structural stability. should not be excavating here.  no reports stated this is a hazardous site.  

- spoke to indemnity clause that the city has no liability for building on this site.the devloper will carry all damages if this site fails.  staff supprtive buildlng on a hazardous site.

- asks that Council decline this proposal. 

Shawna Grewsback, Boynton Place

- Referenced the OCP and reflects urban areas for higher density and core neighbourhoods in lower rise and lower dense areas. 

- Development should fit within the neighbourhood. 

- Noted OCP - not a transit supportive corridor in current OCP.  

- Does not sensitively transition into the neighbourhood.

- Decisions Should be guided in the communities best interest.

- This proposal encroaches on high sensitive areas.  

- Opposed to this application.

- Responded to questions from Council.

Christine 1365 Sladen Crescent

.- referenced the OCP and sustainabilty and fitting in with the neighbourhood and transit.

- referenced Wilden and no transit going into that area.

- raised concersn with increased cars and pollution.  this does not fit in with our city's future plan.

- prposed donation aera, steep hill, barely walkable, it is not a park use. there is not one single greensapce for kids to play.

- Geotecnical report, is this report from the same company that approved a development that had slope come down.

- Opposed.

Online:

Scott Lougheed, Boynton Place

- this development does not move us towards affordable housing.

- concerned with no transit in the area.

- no expansion in the future plan for transit.

- referenced 2005 Memorandum 

- donated land means nothing - sloped heavily forested area.

- the link is developer pride but will be denied access as well as link to Knox Mountain thru development which will take years.

- lack of concern with details of reports, 

- No traffic impact assessment.

- Council should advocate for its residents.  

- should deny this proposal.

- Opposed

Gallery

Leah West, 1350 St Paul Street

- support for this proposed development

- Local licensed realtor

- Gave history of this land. Since 2005 the land values has not suffered.

- Fall of 2019 now almost all of this land has been developed.

- The developer has listened to community concerns and has made 

- many neighours has been trespassing on this privately owned property.

- this land was never part ofthe park but adjacent to the park.

- townhome project is no longer a viable option.

- No longer is a stakeholder in this land.

- Responded to questions from Council.

Sara Wandy 617 Boynton Place

- lives directly across the street of this application.

- have met with development on more than one occassion.

- there are discprencies citys recommendation to approve the variances, in cfonlict with 2040 OCP action plan, the environmental reports, variances as impacts on those reports and what is in them currently.

- will be looking at a mass wall from my townhome.

- asked for clarification on something.

- site coverage not based on.

- the link, not sure dog park will be accessible to the public or to the Strata of apartments.

- Referenced OCP Policies does not meet 

- Env Report Geotech report and fire report based on old ?

- 2005 Memo on how the space was intended to be used.

- Questions, what circumstances does a variance apply when evidence form OCP and Action plan is opposed to those variances.

Man, 600 Boynton Place

- kelowna resident 2 years ago.

- wanted to live in a quiet place.

- Opposed.

- believes will negativley affect on surrounding areas as well as boynton place.

- this will be 335 more cars commuting out on kelowna's street.

- there was only 1 place like this proposal near shops.  

- this project makes perfect sense somewhere else.

- townhomes match the character of the community.

- spoke to steep grade.

John Ken 752 

- in support of this development

- Realtor

- there is an adherent value of these units coming into this area.

- the slope has been touched for years and normal in this area.

- Devleloper has done retrofitting and does a very good job.

Megan 1350 Slayden Crescent

- Asked a questions is there a price per sq foot in mind already. what is affordable housing in this area.

- Love the community plan and hoped it would be followed.

- sensitive residential infill was noted from the OCP. keep to existing scale.

- was not meant to be large building in the past.

- Referenced Policies within the 2040 OCP. 10% or more were to be 3 bedroom or more, was not met in this poroejct, road way congestion, 2 hour parking will not fix number of cars coming in to this aea.

- personal concerns, frontage will change the neighbourhood feel.  lack of family sized units in a family orented neighbourhood. there is zero parkland in our area.  support for 2 to 4 bedroom townhomes with green space.

Drew crewsback 739 Boynton Place

- Opposed.

- referenced previously submitted correspondence.

- community consultation line is not truthful, met with Meridian to find a solution for what should be built, once resbummitted signed off a day before our meeting.  

- in new zoning bylaws this rm4 for boynton will be the new mf2 can only build townhouses, developer knows this and trying to rush this application through.  they do not want to do townhouses or find a more suitable lot.  

- developer proosal does not address all variances - not heard back from staff when asked this question.

- No allowance for any usable green space.

- offering nothing for community amenities.

Dan Roger Exective Director for Chamber of Commerce

- representing the Chamber of Commerce. 

- comments from current chair and  board

- chamber does not usually speak on individual developments.

- those that invest in the economy expect some certainty.

- this has been proposed development for decades in this area.  

- there is benefit for growth.  there will be park contribution DCC's.

- the need for attainable housing - this is a market based project.

- determine the relevancy and the benefits that flow from an investment like this for the entire community not just the area.

- Responded to questions from Council.

Erin Crow 1357 Slayden Crescent

- donated area is not free.  significant cliffs they are deer trails

- please look that this it not a risk to the city for free.

- no parks no playgrounds or greenspace for children in the aea.

- 335 parking stalls, 30 studio units have no parking spaces.

- affordable housing residents need transit.

- Opposed.

Online:

Tracey Davis 255 Blake Avenue

- reiterated what susan aimes stated.

- if its not geotechnically feasible to do this and causes damaged to the community and exacerbate 

- the slope could destablilize olnce the trees are removed.

Gallery:

Peter Matacheck 1515 Highland Drive

- Lived in Kelowna since 2004 lives in old Glenmore for 10 years.

- In support of this application.

- affordability is an oxy moron, we live in a very expensive place.- People are moving to Kelowna. 

- looking at the developer changes and they are good. 

Online:

Jeff Krivoshen, Arbour view drive

- in support

- very familiar with company, company has worked with applicant team.

- no financial interest in this project.

- business perspective, excellent developers and builders and keep their promises. witnessed what they have done in our projects and other communities. take care with their developments.

- will do excellent job of keeping site clean and mitigate noise.

- this land will be developed eventually.

- personal perspective, housing affordability in our country and city has been an issue.  concern with employees is housing affordability these people cannot find places to live.

- Young people cannot find places to live in Kelowna. 

- there needs to be more kinds of these developments in Kelowna.

Karl Miller, Applicant in response to Intervenors

- Anger cannot be about a retaining wall that no one can see or length of the building.  

- 30 visiting parking stalls on site

- slides had price points on it. $250,000 for studios 2 bedroom arournd $500,000 this is attainable market housing not affordable.  

- Noteed Comparison to former pojrect, townhomes will take up  the exact same amont ofarea.

- donation of land came from meetings with several residents that are here this evening, they mentioned this was important.  we made changes and submitted July 25th the same day. 

-  building on low part of the site, so we preserve as much land as possible, 5 acres. this is private land and not accessible.  giving 1.27 acres to make knox mountain bigger.

- received 63 letters of support.  no majority here only 32% opposed.  we provide traffic calming  and parking stalls.

well designed architecturally impressive building.

- retention of large amount of trees will be on site. trees are important to us as well and spending millions to preserve those trees.

- community benefit is expansion of Knox mountain park. 

- providing housing for seniors and students that are attainable. 

Staff:

- Responded to questions from Council.

Karl Miller, Applicant

- Responded to questions from Council.

Staff:

- Responded to questions from Council.

There were no further comments.

Donn - Support

Stack - Support

Singh - Support

Wooldridge - Support

Given - Support

Sieben - Opposed

Hodge - Opposed

The meeting recessed at 9:52 p.m.

The meeting reconvened at 10:01 p.m. with Mayor Basran taqking the Chair

  • Moved ByCouncillor Donn
    Seconded ByCouncillor Stack

    THAT Council authorizes the issuance of Development Permit No. DP22-0054 for a portion of Lot A Section 31 Township 26 ODYD Plan EPP98227 located at 630 Boynton Place, 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 Council authorizes the issuance of Development Variance Permit No. DVP22-0056 for a portion of Lot A Section 31 Township 26 ODYD Plan EPP98227 located at 630 Boynton Place, Kelowna, BC;

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

    Section 13.10.7(b): RM4 –Transitional Low Density Housing, Other Regulations

    To increase the maximum permitted length of building frontage from 40.0 m required to 90.0 m proposed.

    Section 7.5.9: Landscaping and Screening, Fencing and Retaining Walls

    To increase the maximum height of a retaining wall from 1.2 m required to 3.0 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 Applications in order for the permits to be issued;

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



    Carried

Staff:

- Displayed a PowerPoint Presentation summarizing the application..

Birte Decloux, Urban Options Planning Corp, Applicant 

- Present and 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.

  • Moved ByCouncillor Donn
    Seconded ByCouncillor Wooldridge

    THAT Council authorizes the issuance of Development Variance Permit No. DVP21-0202 for Lot 6 District Lot 167 ODYD Plan 10989, located at 442 Eldorado Rd, Kelowna, BC;

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

    Section 13.2.5(a): RU2 – Medium Lot Housing, Subdivision Regulations

    To vary the required lot width from 15.0m required to 14.56m 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

COuncillor Stack conlfict as no longer work for orgganaizitn but have involvment in that area and departed the meeting at 10:04 p.m.

  • Moved ByCouncillor Wooldridge
    Seconded ByCouncillor Hodge

    THAT Bylaw No. 12333 be adopted.



    Carried

Staff:

- Displayed a PowerPoint Presentation summarizing the application..

Irene Borgonia,Ironclad Developments, Applicant 

Marshall Kirton, Ironclad Developments, Architect

- Displayed a PowerPoint Presentation.

- Second project working to do in Kelowna.

- Spoke to the development process and timeline.

- part of application was rezoning Z21-0099, DP permit of 5 midrise multi family buildings

- traffic study carried out in May 2022. spoke to required improvements, road dedication, left turn lanes along Springfield Road. sidewalk improvments and transit shelter along springfield 

- Spoke to density and the achievable permitted density including bonusing 1.67 FAR

- spoke to parking requirements and breakdown of stalls exceeds Vehicle and bicycle parking requirements.

- Shared edge south lot line, rooftop patio create a continued landscape buffer, small amenity between 2 buildings dog run included.  

- Public Edge North Lot Line - 

- provided alot of outdoor amenity programming - entrance plaza for each building, roof top patios on 3 southern buildings, internalized bround floor residential entrances, secured pet releif area, lesiure area connecting to walking garden and a play berm.  

- dispalyed renderings of outdoor amenity rooftop patio - building 5.  

- rendering of outdoor play berm for children.

- rendering of lesiure area, unprogrammed area.

- rendering of outdoor central spaces that include pedestiran connections leisure area, walking garden, building entray plazas, accessible stalls

- Planned indoor amenities in building 1 and 5 (pet spa, fitness room, vitural golf area, rec room and play area room)

- Responded to questions from Council.

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.

  • Moved ByCouncillor Given
    Seconded ByCouncillor Singh

    THAT Council authorizes the issuance of Development Permit No. DP21-0231 and Development Variance Permit No. DVP21-0232 for LOT B DISTRICT LOTS 128 AND 142 OSOYOOS DIVISION YALE DISTRICT PLAN KAP85660, located at 2241 Springfield Rd, 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 section of Zoning Bylaw No. 8000 be granted:

    Section 14.4.6(e): C4 – Urban Centre Commercial, Other Regulations

    To vary the required minimum amount of functional commercial space for the Springfield Rd frontage from 90% required to 19.12% 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

Nil.

The meeting was declared terminated at 10:22 pm

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