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 Legislative Coordinator (Confidential) 

Mayor Dyas called the meeting to order at 4:00 p.m.

The Oath of Office was read by Councillor Wooldridge.

  • Moved ByCouncillor DeHart
    Seconded ByCouncillor Webber

    THAT the Minutes of the Public Hearing and Regular Meeting of April 9, 2024 be confirmed as circulated.​



    Carried

Mayor Dyas called the meeting to order at 4:02

Staff:

- Displayed a PowerPoint Presentation summarizing the application.

Carmen Mackeage, Applicant's agent

- Took over ownership a year ago and have been operating within the existing hours approved.

- Spoke to losing revenue due to not being able to compete with like concepts due to hours being limited.

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.

There were no participants online or in the gallery

 

 

There were no further comments.

  • Moved ByCouncillor Wooldridge
    Seconded ByCouncillor Hodge

    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 Taylorr Gramlich for a Liquor Primary License amendment for Strata Lot 1 District Lot 139 ODYD Strata Plan KAS3411 Together with an Interest in the Common Property in Proportion to the Unit Entitlement of the Strata Lot as shown on Form V, located at 1630 Pandosy St, Kelowna, BC for the following reasons:
      • Proposed structural changes are compliant with Council Policy 359 and RCMP do not have concerns with the proposed changes.
    2. Council’s comments on Liquor Control and Licensing Branch’s (LCLB) prescribed considerations are as follows:
      1. The potential for noise if the application is approved:

        The potential impact for noise is minimal as the outdoor patio hours will be consistent with Bernard Ave Patio Program.

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

        The potential for negative impacts is minimal as the area is primarily commercial uses and there are no large occupancy liquor establishments in close proximity.

    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
  • Moved ByCouncillor Stack
    Seconded ByCouncillor DeHart

    THAT Bylaw No. 12514 be amended at 3rd reading by deleting the Legal Description that reads:

     

    “LOT 1 SECTION 22 TOWNSHIP 26 OSOYOOS DIVISION YALE DISTRICT PLAN 17229 EXCEPT PLAN 39372

    LOT 2 SECTION 22 TOWNSHIP 26 OSOYOOS DIVISION YALE DISTRICT PLAN 17229

    LOT 3 SECTION 22 TOWNSHIP 26 OSOYOOS DIVISION YALE DISTRICT PLAN 17229”

    And replacing it with:

    “Lot A Section 22 Township 26 ODYD Plan EPP124267 Except Plan EPP134976”;

    AND THAT Bylaw No. 12514 be amended at 3rd reading by deleting the Civic Address that reads “765 HWY 33 W 135 Barber Rd 155 Barber Rd” and replacing it with “135 Barber Rd”;

     

    AND THAT Bylaw No. 12514 be amended at 3rd reading by deleting the title that reads “135, 155 Barber Road & 765 HWY 33 W” and replacing it with “135 Barber Road”;

     

    AND FURTHER THAT Bylaw No. 12514, as amended, be adopted.



    Carried
  • Moved ByCouncillor Stack
    Seconded ByCouncillor DeHart

    THAT Bylaw No. 12618 be amended at third reading by deleting the Legal Description that reads:

    "Lot A Section 22 Township 26 ODYD Plan EPP124267"

    And replacing it with:

    "Lot A Section 22 Township 26 ODYD Plan EPP124267 Except Plan EPP134976"

     

    AND THAT Bylaw No. 12618 as mended, be adopted.



    Carried

Staff:

- Displayed a PowerPoint Presentation summarizing the application.

Kim Mckeckney, Arhitect on behalf Applicant

- Spoke to zero variances and the setback.

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 online or in the Gallery came forward.

Staff:

- Responded to questions from Council.

There were no further comments.

  • Moved ByCouncillor DeHart
    Seconded ByCouncillor Stack

    THAT Zoning Bylaw Text Amending Bylaw No. 12514 be amended at third reading to revise the legal description of the subject property from LOT 1 SECTION 22 TOWNSHIP 26 OSOYOOS DIVISION YALE DISTRICT PLAN 17229 EXCEPT PLAN 39372, LOT 2 SECTION 22 TOWNSHIP 26 OSOYOOS DIVISION YALE DISTRICT PLAN 17229 and LOT 3 SECTION 22 TOWNSHIP 26 OSOYOOS DIVISION YALE DISTRICT PLAN 17229 to LOT A SECTION 22 TOWNSHIP 26 OSOYOOS DIVISION YALE DISTRICT

    PLAN EPP124267 EXCEPT PLAN EPP134976;

    AND THAT final adoption of Zoning Bylaw Text Amending Bylaw No. 12514 and Rezoning Bylaw No. 12618 be considered by Council;

    AND THAT Council authorizes the issuance of Development Permit No. DP22-0225 and Development Variance Permit No. DVP22-0226 for LOT A SECTION 22 TOWNSHIP 26 OSOYOOS DIVISION YALE DISTRICT PLAN EPP124267, located at 135 Barber 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 sections of Zoning Bylaw No. 12375 be granted as shown on Schedules “A” and “B”:

    Section 14.11: Core Area & Other Zones, Commercial and Urban Centre Zone Development Regulations (UC4r)

    To vary the required minimum building stepback from the front yard from 3.0 m required to 0.0 m proposed.

    Section 14.11: Core Area & Other Zones, Commercial and Urban Centre Zone Development Regulations (UC4r)

    To vary the required minimum building stepback from the flanking side yard from 3.0 m required to 0.0 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 the Development Permit and Development Variance Permit are valid for two (2) years from the date of Council approval, with no opportunity to extend.



    Carried

The meeting was declared terminated at 4:19 p.m.

The meeting recessed at 4:20 p.m.

The meeting reconvened at 4:26 p.m.

Mayor Dyas called the Hearing to order at 4:30 p.m.

Staff:

- Displayed a PowerPoint Presentation summarizing the application.

City of Kelowna,  Applicant

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 came forward from the Gallery or online

 

There were no further comments.

The Hearing was declared terminated at 4:31 p.m.

Mayor Dyas called the meeting to order at 4:31

  • Moved ByCouncillor Wooldridge
    Seconded ByCouncillor Hodge

    THAT Bylaw No. 12595 be read a second and third time and be adopted.



    Carried

Mayor Dyas called the Hearing to order at 4:32 p.m.

Mayor Dyas declared a conflict as he has commercial properties with joint ownership in the Pandosy area. Councillor Cannan stepped in as Deputy Mayor.

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.

Gallery

Barry Jessop 1989 Abbott Street, FRACAS

-Spoke to their concerns with future direction 

-Spoke to collection of over 800 concerned citizen signatures.

-Spoke to the application and introduction of the new recent heritage guidleines.

-No need to define a CHERA. Maintain the existing HRA.

- Opposed the plan to diminish exiting heritage guidelines. 

-Protect culture and historical value of the area.

-Maintain the existing footprint of the HCA

-Requested inusrance of enforcement of maintaining Kelonwa's heritage area.

-Suggested reinstating the Heritage Advisory Committee that was in place prior to the pandemic.

-Recommend future hearings be held well in advance.

Peter Chattaway, Cadder Avenue

-Will speak later in the agenda.

Staff:

- Responded to questions from Council.

There were no further comments.

The Hearing was declared terminated at 

Mayor Dyas called the meeting to order at 

  • Moved ByCouncillor Stack
    Seconded ByCouncillor Hodge

    THAT Bylaw No. 12621 be read a second and third time and be adopted.

     



    Carried

The meeting was declared terminated at 4:50 p.m.

MAyor DYas returned at 4:51 p.m.

Mayor Dyas called the Hearing to order at 4:51 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.

Gallery

Barry Jessop, Abbott St, FRACAS

-Spoke to the preservation of Kelowna's Heritage Conservation Area. 

-Spoke to the shrinking area by 25%

-Spoke to CHER and provincial mandates.

-Public input requested and revising of the Heritage Advisory Committee in place prior to the pandemic.

-Offered assistance in updating heritage guidelines.

-Maintain the existing footprint of the HCA and not diminish the preservation of heritage in the community.

-Consistency of enforcement in guidelines.

Janette Morgens, 1922 Abbott St

-Concerned with building on Royal Ave

-Spoke to lake Avenue issue

-Spoke to Vimy Avenue new builds (2)

-Spoke to the disbandment of the Heritage Advisory Committee and interest in bringing it back.

-Consider trading density ion one area for another to protect the heritage area.

 George Mapson, 315 Cadder Ave

-Spoke to the hospital exchange and confusion of designation of areas.

-spoke to the provincial manual showing two areas and does not include the hospital.

-Is the hospital exchange, is it really an exchange. Not designated in the OCP or for growth.

-Bill 47 spoke to TOAs

-Spoke to the experiences in New Westminster.

-What is the hospital exchange versus the heritage conservation area.

Gerry Fee, 440 Cadder Ave

-Concerned with preserving the heritage conservation area.

-Speaks to the history of Kelowna and a fascinating and well used area.

-Requested the City ask the Province to not embark on the requirements

Russell SMith, 450 Cadder Ave

- Confused with provincial legislation where designated areas went from two to four areas regarding the hospital exchange area.

-Concerned the planned amendments will destroy the area.

-Concerned with additional transit exchange areas.

Penny Pearson, Glenwood Ave

-Concerned with the heritage district is being rushed. Province states the OCP does not have to be in conformity until December 21, 2025.

-Requested a complete review of the heritage registry. Requested staff to consult with associations so there is a more broad based consultation on future plans.

???

-Heritage area is a jewel. Refuge for health care workers from the hospital.

-Spoke to Amsterdam and the 40 0year old merchant homes

-Spoke to Bend, Oregon and their magnificent heritage area they maintain.

-Spoke to better protection of the Heritage Conservation Area of Kelowna.

Erica Belllauother, 2125 Abbott St

-Family has lived in the conservation area for 52 years.

-Spoke to the love for the area.

-Spoke to seeing huge changes in the area over the years

-Area declined in the seventies and eighties. 

-Mom was a founding member of KASAN.

-Spoke to HCA approved in the mid nineties

-Concerned and opposed to the proposal to diminish the HCA by 25 percent

-Spoke to the Heritage Advisory Committee being disbanded and the negative impact.

-Spoke to the mature trees in the heritage area and the area being a jewel for the community

Grant Billock, 400 Cadder Ave

-Spoke to building houses in the area and relocating to the area.

-SPoke to the improvements to the neighbourhood over the years. Concerned that six stories are not going to improvem ent the neighbourhood.

-Heard commercialization in the area as well which is not supported.

JAn Murphy, KASAN, 359 Cadder, Office is at 865 Bernard Ave

-Repesent KASAN, oppose to reducing the HCA by 25% within the hospital TOA

-Worried about the height

The meeting recessed at 5:41 p.m.

The meeting reconvened at 5:51 p.m.

Sherry Fieldhouse, Cadder Ave

-Spoke to the area growing to a beautiful area

- Concerned about what might happen to the area with more development and congestion

-SPoke to the back of her property the adjacent lot could be built to 6 stories

Jonathan Douglas, Coronation Ave

-SPoke to the addressing and asked that they change it to lane

Glen Harris ??? Road

-Spoke to affordability and the ability to purchase a house into the community. 

-Spoke to housing affordability not detracting from the character of the neighbourhood.

-Spoke to densifying neighbourhoods across the community including the heritage conservation area.

Pat Munro, 368 Cadder Ave

-Spoke to the HCA being small percentage of the overall area of the community.

-Spoke to tourism draw of the HCA

-Spoke to visistors stopping to read the heritage designation sign

- SPoke to time to make a decision until end of 2025 and to stand up to the PRovince

Derek Plseines, 2020 Long St

-Concerned with the size of the change and the lack of public input.

-Moved to the area because it is a heritage area.

-Spoke to COucnillor Lovegrove being in conflict

Peter CHattaway, 388 Cadder Ave

-Requested a delay in the transit area.

-decision being made will lead to the demise of the HCA

-Development guidelines should be conservation guidelines verus being development oriented.

-lived in the area since 1991

-spoke to a serious change in the form and character of the area

-City should try and mitigate the loses when their is changes to the HCA. Give additional tools, eg heritage alternation permits for heritage registered homes, reinstate the Heritage Advisory Committee.

-Encourage conservation covenants to protect areas

Susan Ames, 1833 Abbott St

-Spoke to the HCA representing less than 1% of the entire area of the community

-Spoke to the provincial requirement for four plexes and density transfer.

-Commerical and insitutional not acceptable in a residential HCA

-SPoke to transit hub at the hospital 

-Need to make sure that the new builds follow the guidelines of the HCA.

TOA (Transit Orientated Areas) should not be removed from the HCA

Brenda Rusnack, 409 Park Ave

-Spoke to building and going through the HAP process

-Does not see the area being able to embrace affordable housing.

-Spoke to density transfer

-Spoke to lack of public consultation

-Spoke to the City online survey with over 40% not living in the HCA.

-Requested Council stand up to the Province.

There was no one online

Staff:

- Responded to questions from Council.

-The Mayor spoke to the Mayor's caucaus and how this is impacting every heritage area in the province.

with no other exception allowed across the Province.

There were no further comments.

The Hearing was declared terminated at 7:02 p.m.

Mayor Dyas called the meeting to order at 7:02 p.m.

  • Opposed - Cannan
    Moved ByCouncillor Wooldridge
    Seconded ByCouncillor Hodge

    THAT Bylaw No. 12649 be read a second and third time and be adopted.

     



    Carried
  • Moved ByCouncillor Stack
    Seconded ByCouncillor DeHart

    THAT Bylaw No. 12641 be adopted.



    Carried

The meeting was declared terminated at 7:30 p.m.