City of Kelowna

Meeting #:
Date:
Time:
-
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, 
  • Laura Bentley, 
  • and Council Recording Secretary, Arlene McClelland 

Mayor Dyas called the meeting to order at 4:03 p.m.

The Oath of Office was read by Councillor Wooldridge.

  • Moved ByCouncillor Hodge
    Seconded ByCouncillor Lovegrove

    THAT the Minutes of the Public Hearing and Regular Meeting of July 23, 2024 be confirmed as circulated.​



    Carried

Mayor Dyas called the Hearing to order at 4:05 p.m.

Staff:

- Displayed a PowerPoint Presentation summarizing the application.

City Clerk 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 from the Gallery or Online came forward.

Staff:

- Responded to questions from Council.

There were no further comments.

The Hearing was declared terminated at 4:18 p.m.

Mayor Dyas called the meeting to order at 4:18 p.m.

  • Moved ByCouncillor DeHart
    Seconded ByCouncillor Webber

    THAT Bylaw No. 12682 be read a second and third time.



    Carried

Staff:

- Displayed a PowerPoint Presentation summarizing the application.

Simon Ho, S2 Architecture, Applicant:

- Displayed a PowerPoint Presentation.

- the building is an affordable housing project feel it is a much needed addition to the downtown kelowna.

- Spoke to design architectually for families.

- Spoke to number of units including townhouses.  Design is family oriented so inlcuded as much amenities as possible.

- Spoke to childcare, with BC Housing, if we could have this component it would allow families in the project to utilize the services of the daycare, would be another emphasis on family and community.

- 25% of spots are for electrical charging. 

- sustainable design intent.

- Spoke to the location, the toewrs around the building did not exist, but aware thye would be develeoped, so made concessions in our design in how it would interact with the taller buildings and residential context in the area.

- Displayed a diagram of their proposed development.  Design challenge was how to interact with buildings across the street and massing.

- Spoke to project highlights, streetscape and noticed in other larger cities, that there is more streetscape variances, on street you can see townhouses and not screaming out towers.  Crime prevention through design, would like kids playing outside.

- Spoke to site, layout and concept. this development could have been with zero lot line alongg the north and outh porperty lines.  setback on both by 3 meters or 12 feet to have good pedestrian.  Twonhouses that face north propety line so like europe, site lines on the streets.

- Childcare area on southwest area so maximum sunlight.  

- Spoke to Massing and arrangements. spoke to townhouses and apartments. Parkade setback 3 meters on either side.  the resiential tower centrally located to minimize impact to existing porjects to the north and south.  

- Spoke to Site Planning, worked closely with BCHousing with design guidelines heavy on families, roofdeck as rich as they could get it.  Amineity on 4th floor is child play are for children in the building.  Common Use building BBQ area.  Top of 7th floor has huge amineity area, main area is urban agriculutre can grow veggies.  envisioning family that you may have older parents with you. South Side is a dog run area, not so great for big dogs.  

- Displayed renderings from South-east view.  not a glass tower due to energy codes, not fully glass will not reflect sunlight on the street.  Daycare area is sepcial and wanted it active on the street, quick drop off area.  

- Rendering from the north west view, in order to minimize exhaustive fumes, ceramic square for a more interesting facade and somehting with mechanical systems.

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

Gallery:

Zeljka, Bertram Street

- Commented on sunshine for children and gardens within the development.

- Raised concern regarding removal of sunlight from their property..

- Raised concern with with not enough water for the growth and development in Kelowna. .

No one Online came forward.

Applicant:

- Responded to questions from Intervenros.

- developments are hard to do with how to deal with neighbours.

- agree with concerns, part of the concessions we made on north property line we did set back the podium 3 meters.  what we could in our capacity needs of bc housing and still be aware of impacts we make on the north property line, townhomes on north side more transition to the other properties.   tried to soften that transition as much as they can.

Staff:

- Responded to questions from Council.

Applicant:

- Responded to questions from Council.

Robin Gary, Kingsway Dive, Burnaby, B.C., Applicant Representative

- Responded to questions from Council. 

 There were no further comments.

  • Moved ByCouncillor Wooldridge
    Seconded ByCouncillor Lovegrove

    THAT Council authorizes the issuance of Development Permit No. DP23-0203 and Development Variance Permit No. DVP23-0204 for Lot 1 District Lot 139 ODYD Plan EPP113832, located at 1451 Bertram 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 amount of 125% of the estimated value of the Landscape Plan, as determined by a Registered Landscape Architect;

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

    Table 8.3 - Required Residential Off-Street Parking Requirements

    To vary the minimum number of off-street parking spaces from 154 permitted to 141 proposed.

    Table 9.11 – Tall Building Regulations

    To vary the maximum floor plate above the sixth storey from 750 m2 permitted to 932 m2 proposed for the seventh storey.

    Table 9.11 – Tall Building Regulations

    To vary the maximum podium height from 16.0 m permitted to 16.11 m proposed.

    Section 14.11 – Core Area and Other Zones, Commercial and Urban Centre Zone Development Regulations

    To vary the minimum setback for any portion of a building above 16.0 m in height abutting another property from 4.0 m permitted to 3.65 m proposed.

    Section 14.11 – Core Area and Other Zones, Commercial and Urban Centre Zone Development Regulations

    To vary the minimum building stepback from 3.0 m permitted to 2.75 m proposed.

    Section 14.11 – Core Area and Other Zones, Commercial and Urban Centre Zone Development Regulations

    To vary the maximum parkade exposure to the primary street from 0% permitted to 7% proposed.

    Section 14.14 – Core Area and Other Zones, Density and Height

    To vary the maximum base height from 12 storeys and 44.0 m permitted to 20 storeys and 63.0 m proposed.

    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 and Development Variance Permit is 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.

Jeff Nishimura, 3275 Lakeshore Road, Greenstone Developments Ltd., Applicant

- Displayed a PowerPoint Presentation.

- Spoke to the property location with many amenities in the area.

- Spoke to project statistics with number of units, parking, Bylaw compliant with landscape requirements and amenity space.

- spoke to building setbacks, provided more setbacks than what zoning requires.

- Commented on development timeline..

City Clerk 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 from the Gallery or Online came forward.

Staff:

- Responded to questions from Council.

There were no further comments.

The meeting recessed at 5:28 p.m.

The meeting reconvened at 5:38 p.m.

  • Moved ByCouncillor DeHart
    Seconded ByCouncillor Wooldridge

    THAT Rezoning Bylaw No. 12627 be amended at third reading to revise the legal description of the subject properties from:

    1. That Part of Lot 3 Lying East of a Line Drawn Parallel To And 155.1 Feet Distant from the Westerly Boundary of Said Lot; Section 26 Township 26 ODYD Plan 2773, located at 200 Sadler Rd, Kelowna BC;
    2. The East ½ of Lot 4 Section 26 Township 26 ODYD Plan 2773 Except Plan 5971, located at 210 Sadler Rd, Kelowna BC; and
    3. Lot B Section 26 Township 26 ODYD Plan 12323, located at 230 Sadler Rd, Kelowna BC;

    to lot A Section 26 Township 26 ODYD Plan EPP137037, located at 210 Sadler Rd, Kelowna BC;

    AND THAT final adoption of Rezoning Bylaw No. 12627 be considered by Council

    AND THAT Council authorizes the issuance of Development Permit No. DP23-0228 and Development Variance Permit No. DVP24-0052 for Lot A Section 26 Township 26 ODYD Plan EPP137037, located at 210 Sadler 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 amount of 125% of the estimated value of the Landscape Plan, as determined by a Registered Landscape Architect;

    5. The applicant be required to make a payment into the Public Amenity & Streetscape Capital Reserve Fund as established by Bylaw No. 12386 in accordance with Table 6.8.a. in Zoning Bylaw No. 12375;

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

    Section 14.11: Commercial and Urban Centre Zone Development Regulations

    To vary the minimum front yard stepback from 3.0 m required to o.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 is 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.

 
Perry Maxfield, Applicant Representative
- Available for questions.
 

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

Gallery:

Deanne Collinson, Richter Street

- owns building next to the applicant's building.

supportive of what they do but concerned for my tenants and smaller businesses in the area

- feel that parking is a huge issue in the north end already. tenants have contacted Councillors already regarding this issue.

- attended at 6 p.m. and couldn't find parking to get to her building.  feel that their success can be at the expense of other businesses in the are.  to add extra event days with 900 people.  Community theater hosts 800 people and there is a parkade adjacent.

- one tenant that operate on the weekends and feel  they will impacted on the weekend and other businesses that will be negatively impacted.

No one  Online came forward.

Perry Maxfield, Applicant: Response

- been in the neighbourhood for a long time and own building across the street on Richter street.  Our brewery brings more to the neighbourhood than it would detract from.

Parking issue, understand this issue, suggest putting parking in that area 20 30 minutes maximum so community residents can have their customers come and go.

- We are more family oriented, we want to do more mid day events, families in the area can attend.  We have permanent events coordinators that plans around families and residents of our neighbourhood.

Staff:

- Responded to questions from Council.

Applicant:

- Responded to questions from Council.

There were no further comments.

M - Wooldridge

S - Webber

Deferral

Carried.

  • THAT Council authorizes the issuance of Development Variance Permit No. DVP24-0087 for Lot 1 District Lot 139 ODYD Plan 7858, located at 1080-1090 Richter St, Kelowna, BC;

    AND THAT variances to the following section of Zoning Bylaw No. 12375 be granted as shown on Schedule “A”:

    Table 8.3.4: Industrial, Parking Requirement

    To vary the required parking from 7 stalls to 0 (zero) stalls proposed for a maximum of 30 individual single day events per calendar year.

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

    AND FURTHER THAT Council directs 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 359, BE IT RESOLVED THAT:

    1. Council recommends support of an application from Red Bird Brewing for a special event area endorsements / license amendment for Lot 1 District Lot 139 ODYD Plan 7858, located at 1080-1090 Richter St, Kelowna, BC for the following reasons:

    2. Council’s comments on LCLB’s prescribed considerations are as follows:

      1. The location of the special event area:

        The subject property is located in the north end of the City adjacent to Recreation Avenue Park to the west. The applicant is proposing a special event area endorsement that will include the existing rear building, seasonal patio area located between the building and street & surface parking lot area adjacent to Richter St.

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

        The subject site is located adjacent to Recreation Avenue Park to the west which includes recreational facilities and public buildings. The liquor service area proposed for the site predominantly faces Richter St and the building location and orientation on-site provides a natural buffer to Recreation Avenue Park.

      3. The person capacity of the special event area endorsement:

        The existing establishment has a maximum capacity of 500-persons including a maximum of 186-persons inside the rear building with the remaining 314-person capacity located in the seasonal outdoor area located between the building and street. The application proposes to increase the maximum site capacity for events to 900-persons. Of the 900-person capacity for events a maximum of 186-persons would be located inside the building with the remaining 714-person capacity located outside the building.

      4. Traffic, noise, parking and zoning:

        Expanding the existing liquor service for the site to increase the maximum capacity from 500-persons existing to 900-persons will increase the potential conflict for traffic, noise, and parking demand. Should Council support the parking variance, the existing surface parking lot containing seven parking stalls could be converted for event use for a maximum of 30 individual single day events per calendar year. The combination of a capacity increase of 400-persons during events and zero available on-site parking will subsequently create increased competition for street parking in the immediate area, especially when events are being held. This could have a negative impact on street parking availability for other businesses in the area. Additionally, a vast majority of the site’s capacity (approximately 80%) would be located outside the building which creates a larger potential for noise conflicts within the neighbourhood, especially with a patio closure time of 12 AM which exceeds the standard 11 PM closure time for outdoor spaces.

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

        Red Bird Brewing hosts a variety of annual events. The number of hosted events has ranged over the last few years but has typically been between 10-18 individual event days. The increase to host up to 30 individual single day events will increase local traffic demands, parking and potential for noise conflict with other businesses and uses.

    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.”


The meeting was declared terminated at 6:22 p.m.