City of Kelowna

Public Hearing

Minutes

Meeting #:
Date:
Time:
-
Location:
Council Chamber
City Hall, 1435 Water Street
Members Present
  • Mayor Colin Basran
  • Councillor Maxine DeHart
  • Councillor Ryan Donn
  • Councillor Gail Given
  • Councillor Brad Sieben
  • Councillor Mohini Singh
  • Councillor Luke Stack
  • Councillor Loyal Wooldridge
Members Absent
  • Councillor Charlie Hodge
Staff Present
  • City Clerk, Stephen Fleming
  • Legislative Coordinator (Confidential)

Mayor Basran called the Hearing to order at 6:00 p.m.

Mayor Basran advised that the purpose of the Hearing is to consider certain bylaws which, if adopted, will amend "Kelowna 2030 - Official Community Plan Bylaw No. 10500" and Zoning Bylaw No. 8000", and all submissions received, either in writing or verbally, will be taken into consideration when the proposed bylaws are presented for reading at the Regular Council Meeting which follows this Public Hearing.

Mayor Colin Basran joined the meeting at 5:59 PM.
Councillor Maxine DeHart joined the meeting at 5:59 PM.
Councillor Ryan Donn joined the meeting at 5:59 PM.
Councillor Gail Given joined the meeting at 5:59 PM.
Councillor Brad Sieben joined the meeting at 5:59 PM.
Councillor Mohini Singh joined the meeting at 5:59 PM.
Councillor Luke Stack joined the meeting at 5:59 PM.
Councillor Loyal Wooldridge joined the meeting at 5:59 PM.
City Clerk, Stephen Fleming joined the meeting at 5:59 PM.
Legislative Coordinator (Confidential) joined the meeting at 5:59 PM.

The City Clerk advised that Notice of this Public Hearing was advertised by being posted on the Notice Board at City Hall on Tuesday, November 20, 2018 and by being placed in the Kelowna Daily Courier issues on Friday November 23 and Wednesday, November 28 and by sending out or otherwise mailing 66 statutory notices to the owners and occupiers of surrounding properties on Tuesday, November 20, 2018.

The correspondence and/or petitions received in response to advertising for the applications on tonight's agenda were arranged and circulated to Council in accordance with Council Policy No. 309.

Staff:
- Displayed a PowerPoint presentation summarizing the application and responded to questions from Council.

The City Clerk advised that no correspondence was received.

 Birte Decloux, Applicant Representative

OR

The Applicant was present and available for questions.

Mayor Basran invited anyone in the public gallery who deemed themselves affected to come forward, followed by comments of Council.

No one from the Gallery came forward.

There were no further comments

Staff:
- Displayed a PowerPoint presentation summarizing the application and responded to questions from Council.

The City Clerk advised that the following correspondence was received:

Letters of Opposition and Concern:

Colleen Crowe, Highland Drive N – Form Letter (19)

Helen And Steve Szabadi, Highland Drive N

Dennis Pearce, Highland Drive N.

Fiona Irvine, Highland Drive N

Carmel and David Worrall, 4 Willow Lane, 1675 Willow Crescent

Anne Millsap, 1712 Highland Drive N

Kevin Anderson, 1722 Highland Drive N.

Colleen Crowe and Neil Melnyk, 1719 Highland Drive N

Tamara and Terry Farquhar, 1709 Highland Drive N.

Letters of Support:

Debbie Rona, Selkirk Drive

Lidia B. Baumgart, Highland Drive N. – Form Letter (14)

Grefory Francik, McMurchie Road. West Kelowna

Birte Decloux, Applicant's Representative

- exceeds minimum area for RU6
- 7 stalls for vehicles - exceeds zoning requirements
- retention of green space - site coverage of 25.5% well under the 40% allowed
- retaining wall with property to the right - new retaining wall under 1.2M in height will be constructed
- vegetative matter - cedars removed; two trees in front yard close to the road will be protected by a covenant
- trees to rear of property have been removed for adjacent house development on the park
- setbacks vary in front yards along the street; varied property sizes on street
- constructing a new home for their son

Son - recently sold house on Westside and intend to move into existing house once new house is constructed. Mother provides childcare for children and plan to take care of mother.

Applicant confirmed that there is no opportunity to provide a legal suite in either home.

Confirmed the vegetation in the rear yard was removed via strata.

Mayor Basran invited anyone in the public gallery who deemed themselves affected to come forward, followed by comments of Council.

Gallery:

Garet Milsap 1712 Highland Drive North
Opposed - rock retention wall concern, not opposed to carriage house in rear or adding to existing home.

Fiona Irvine, 1718 Highland Drive North
Opposed - concerned regarding parking issues, the driveway is shared use strata driveway
Concerned about the density
Strata development in the rear has an extensive landscape plan still to be put in place, existing rock retention walls cant be protected
Not opposed to adding to the existing house or building a carriage house in the rear.

Neil Melnik, Highland Drive North

Opposed - plans submitted house will be 26 feet high which will be a solid wall at street level.
House is on a corner, if a house is built it impacts cars access being visible.

Kevin Anderson, Highland Drive North
Opposed - don't think this is the right project at the right time.

There were no further comments.

Applicant response
Privacy in terms of height of the building - existing trees will help mitigate the height of the house.
Houses are modest in size, last house the owner lived in was for 10 years.
Front yard setback - it is more than the 4.5M required by the zoning bylaw. Confirmed no variances being requested.

Owner response Lidyia BAumgart - Backyard pine trees were removed last year by neighbouring property.
Planting shrubs in front yard and removed the diseased cedar from the front yard

Applicant confirmed that access to the backyard is difficult to build a carriage house without impacting the neighbours yard.

Staff confirmed there is no issue with the slope as it is 8-10% not anticipating any slope issues. Confirmed sidewalk would be required to be built.

Staff confirmed that a replacement plan for coveneant trees will be required if they are damaged.

Staff:
- Displayed a PowerPoint presentation summarizing the application and responded to questions from Council.

The City Clerk advised that no correspondence was received.

 Birte Decloux, Applicant's Representative

Property received 3rd reading for RU6 before the owner passed away and property went into probate and existing owners purchased the property.

Mayor Basran invited anyone in the public gallery who deemed themselves affected to come forward, followed by comments of Council.

No one from the Gallery came forward.

There were no further comments

The Hearing was declared terminated at 6:49 p.m.