City of Kelowna

Regular Council Meeting

Minutes

Meeting #:
Date:	Monday, June 28, 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 Gail Given,
• Councillor Charlie Hodge,
• Councillor Brad Sieben,
• Councillor Mohini Singh,
• Councillor Luke Stack,
• and Councillor Loyal Wooldridge

Staff Present

• City Clerk, Stephen Fleming,
• Council Recording Secretary, Arlene McClelland,
• and Doug Gilchrist

---

1.

Call to Order

Mayor Basran called the meeting to order at 1:33 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 Provincial Health Officer Order regarding gatherings and events, the public is currently not permitted to attend Council meetings in-person.  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 June 21, 2021 be confirmed as circulated.​

  
  
  
  Carried

3.

Development Application Reports & Related Bylaws

• THAT Official Community Plan Map Amendment Application No. OCP20-0017 to amend Map 4.1 in the Kelowna 2030 – Official Community Plan Bylaw No. 10500 by changing the Future Land Use designation for a portion of Lot 1 Section 23 Township 28 Similkameen Division Yale District Plan KAP85435 located at 410 Providence Avenue, Kelowna, BC from the EDINST – Educational/Major Institutional designation to the S2RES – Single / Two Unit Residential and PARK – Major Park/Open Space (public) designations, as shown on Map “A” attached to the Report from the Development Planning Department dated June 28, 2021 be considered by Council;

  AND THAT Zoning Bylaw Text Amendment Application No. TA20-0019 to amend the City of Kelowna Zoning Bylaw No. 8000 by changing the Kettle Valley Regulating Plan in Section 18 Schedule ‘B’ – CD2 Kettle Valley Comprehensive Residential Development Zone for portions of Lot 1 Section 23 Township 28 Similkameen Division Yale District Plan KAP85435 located at 410 Providence Avenue, Kelowna, BC from Type III or IV to Type V, Type V to Type III or IV and Type VI to Type III or IV as identified in Schedule “A” and outlined in the Report from the Development Planning Department dated June 28, 2021 be considered by Council;

  AND THAT the Official Community Plan and Zoning Bylaw Text Amendment Bylaws be forwarded to a Public Hearing for further consideration;

  AND FURTHER THAT final adoption of the Zoning Bylaw Text Amending be considered subsequent to the issuance of a Preliminary Layout Review letter by the Subdivision Approving Officer.

  
  
  
  

3.1

Bernard Ave 520-526 - TA21-0008 Z21-0024 - GBD Holdings Inc., Inc.No. BC0941235

Staff:

- Displayed a PowerPoint Presentation summarizing the application and providing rationale for non-support and responded to questions from Council.

Lee Schurian, Applicant and Hemp City Owner

- split the store and hemp city on one city and cannabis retail on the other side.

- are asked daily about lack of downtown dispensories.

- been here for over 15 years in good standing and no issues with city and neighourhood.

- approved by province for retail cannabis, for this we are asking for the 2 variances.

- over 2 years since license has been approved, other companies are not completed.

- if those other 2 shops finally open we would work with them,

- green pineapple looking for variances and we are supportive of them, better selection and access of products

- Oldest hemp shop in Kelowna, sell hand blown glass and hemp clothing.

- 4th generation local, focusing on local and local products

- Farm fresh cannabis product form Williams Lake First Nation.

- DKA says they support cannabis in the downtown core.  

- second variance, for proximity to Kasugai gardens, from lot line to lot line, 280 meters which is well above the 150 meters required.

- over 2000 signatures from petitioners, well supported from Westbank First Nations and Williams Lake First Natino.

- Read letters of support from neighbouring businesses.

- Request this application be forwarded to Public Hearing.

- Responded to questions from Council.

- Applied at beginning for provincial approval when city put out matrix - application sitting with province until Municipal Council passes a resolution.

Staff:

- Responded to questions from Council.

- Confirmed the applicant under Flora cannabis did terminate their process.  

- one applicant has proceeded through the LCR process and should be opening soon.

• THAT Zoning Bylaw Text Amendment Application No. TA21-0008 to amend City of Kelowna Zoning Bylaw No.8000 as outlined in the Report from the Development Planning Department dated June 28, 2021 of all land shown on Strata Plan K12 located at 520-526 Bernard Avenue, Kelowna, BC NOT be considered by Council;

  AND THAT Rezoning Application No. Z21-0024 to amend the City of Kelowna Zoning Bylaw No. 8000 by changing the zoning classification of all land shown on Strata Plan K12, located at 520-526 Bernard Avenue, Kelowna, BC from the C7 – Central Business Commercial zone to the C7rcs – Central Business Commercial (Retail Cannabis Sales) zone as shown on Map “A” attached to the Report from the Development Planning Department dated June 28, 2021 NOT be considered by Council.

  
  
  
  
• ALTERNATE
  Moved By Councillor Donn
  Seconded By Councillor Wooldridge

  THAT Zoning Bylaw Text Amendment Application No. TA21-0008 to amend City of Kelowna Zoning Bylaw No.8000 as outlined in the Report from the Development Planning Department dated June 28, 2021 of all land shown on Strata Plan K12 located at 520-526 Bernard Avenue, Kelowna, BC be considered by Council;

   

  AND THAT Rezoning Application No. Z21-0024 to amend the City of Kelowna Zoning Bylaw No. 8000 by changing the zoning classification of al land shown on Strata Plan K12, located at 520-526 Bernard Avenue, Kelowna, BC from the C7 – Central Business Commercial zone to the C7rcs – Central Business Commercial (Retail Cannabis Sales) zone as shown on Map “A” attached to the Report from the Development Planning Department dated June 28, 2021 be considered by Council.

   

  AND THAT the Rezoning Bylaw and the Zoning Bylaw Text Amending 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 June 28, 2021;

   

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

   

  AND FURTHER THAT if the Rezoning Bylaw is adopted, Council direct Staff to send a recommendation to the Provincial Liquor and Cannabis Regulation Branch that they support issuance of a non-medical cannabis retail store license for this legal lot with the following comments:

  • The proposed store location meets local government bylaw requirements and as such, no negative impact is anticipated;
  • The views of the residents were captured during a public hearing process for the rezoning of the property and Council meeting minutes summarizing those views are attached; and
  • Local government recommends that the application be approved because of the compliance with local regulations and policies.
  
  
  
  Carried

3.2

Bernard Ave 266 - TA21-0012 Z21-0039 - Macarther Ventures Inc., Inc.No. BC0684166

Staff:

- Displayed a PowerPoint Presentation summarizing the application and providing rationale for non-support and responded to questions from Council.

Peter Angle, Applicant, Krista Lusted Partner/Director of Operations 266 Bernard Avenue

- Displayed a PowerPoint Presentation.

- Introduction to the Green Pineapple.

- Part of the lower Nicola Indian Band

- Have been actively to open the store in downtown Kelowna, lost in a lottery that ensued.  

 - Involved in the cannabis industry for 4 plus years

- Trademark brand, 2 stores in West Kooteneys, 3rd location in Rossland BC

- 3 more locations with LCRB approved licenses

- Spoke to the text amendments - and provided history.  it is taking significant time at LCRB to approve licenses. Issue downtown is about the tangible assets.  what's occurred since lottery was awarded - .that business was sold to.

- the only thing sold is the intangible assets, just he lease with approved zoning has been sold.

- spoke to the proximity 234 m- yet the actual walking distance is over 380 m.

- Unintended consequences of the 500 m separation - a zoning monopoly has been created with no incentive to open within a reasonable timeframe.  

- Highlighted in the BC Chamber of Commerce  - in order for cannabis to provide a green rush for an inclusive BC economy government will need to allow ??? changed slide

- Spoke to outcomes of the BC Chamber of Commerce 2020 AGM and Conference - all levels of government reviewing tax policy related to cannabis.  

- cannabis in downtown Kelowna

- confidence in operator - viable long term amenity to service the downtown core

- Spoke to growth of Kelowna and believes it can support this.

- Spoke to proximity to City Park and Stuart Park. 

- Spoke to how consumers are showing the social responsibility that comes with legalization.

- Spoke to the brand and storefront facade.  Mary Clark is Property Owner

-  As of July 15th 2021 can provide door to door cannabis delivery.

- Contemporary and modern branding of the building. - storefront would align with brand, conform with Bernard avenue welcoming style; 

- Responded to questions from Council.

- Green pineapple has 7 licenses.  Have 1 license to transfer.  

2 stores currently operating are similar in size, can design for flow and traffic.  Can hire a security guard to deal with any issues.

 - liked that the applicant will place shutters will be placed on the inside of the store.  

• THAT Zoning Bylaw Text Amendment Application No. TA21-0012 to amend City of Kelowna Zoning Bylaw No.8000 as outlined in the Report from the Development Planning Department dated June 28, 2021 for Lot 2 District Lot 139 Osoyoos Division Yale District Plan 4153 located at 266 Bernard Avenue, Kelowna, BC NOT be considered by Council;

  AND THAT Rezoning Application No. Z21-0039 to amend the City of Kelowna Zoning Bylaw No. 8000 by changing the zoning classification of Lot 2 District Lot 139 Osoyoos Division Yale District Plan 4153, located at 266 Bernard Avenue, Kelowna, BC from the C7 – Central Business Commercial zone to the C7rcs – Central Business Commercial (Retail Cannabis Sales) zone NOT be considered by Council.

  
  
  
  
• ALTERNATE
  Moved By Councillor Wooldridge
  Seconded By Councillor Hodge

  THAT Zoning Bylaw Text Amendment Application No. TA21-0012 to amend City of Kelowna Zoning Bylaw No.8000 as outlined in the Report from the Development Planning Department dated June 28, 2021 for Lot 2 District Lot 139 Osoyoos Division Yale District Plan 4153 located at 266 Bernard Avenue, Kelowna, BC be considered by Council;

   

  AND THAT Rezoning Application No. Z21-0039 to amend the City of Kelowna Zoning Bylaw No. 8000 by changing the zoning classification of Lot 2 District Lot 139 Osoyoos Division Yale District Plan 4153, located at 266 Bernard Avenue, Kelowna, BC from the C7 – Central Business Commercial zone to the C7rcs – Central Business Commercial (Retail Cannabis Sales) zone be considered by Council;

   

  AND THAT the Rezoning Bylaw and the Zoning Bylaw Text Amending 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 June 28, 2021;

   

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

   

  AND FURTHER THAT if the Rezoning Bylaw is adopted, Council direct Staff to send a recommendation to the Provincial Liquor and Cannabis Regulation Branch that they support issuance of a non-medical cannabis retail store license for this legal lot with the following comments:

  • The proposed store location meets local government bylaw requirements and as such, no negative impact is anticipated;
  • The views of the residents were captured during a public hearing process for the rezoning of the property and Council meeting minutes summarizing those views are attached; and
  • Local government recommends that the application be approved because of the compliance with local regulations and policies.
  
  
  
  Carried

3.3

Enterprise Way, Hunter Ct, Hunter Rd and Leckie Rd - LUCT21-0001 (BL12211) Z21-0038 (BL12212) - Multiple Owners

Staff:

- Displayed a PowerPoint Presentation summarizing the application..

• Moved By Councillor Stack
  Seconded By Councillor DeHart

  THAT Land Use Contract Termination Application No. LUCT21-0001 to terminate LUC77-1085 from the subject properties identified in Schedule ‘A’, located on Hunter Road, Hunter Court, Leckie Road and Enterprise Way, Kelowna, BC, be considered by Council;

  AND THAT Rezoning Application No. Z21-0038 to amend the City of Kelowna Zoning Bylaw No. 8000 by changing the zoning classification for the subject properties identified in Schedule ‘B’, located on Hunter Road, Hunter Court, Leckie Road and Enterprise Way, Kelowna, BC, from the A1 – Agriculture 1 and I1 – Business Industrial zones to the C10 – Service Commercial zone be considered by Council;

  AND THAT Rezoning Application No. Z21-0038 to amend the City of Kelowna Zoning Bylaw No. 8000 by changing the zoning classification for the subject properties identified in Schedule ‘C’, located on Hunter Road and Leckie Road, Kelowna, BC, from the A1 – Agriculture 1 zone to the C3 – Community Commercial zone be considered by Council;

  AND THAT Rezoning Application No. Z21-0038 to amend the City of Kelowna Zoning Bylaw No. 8000 by changing the zoning classification of Lot A District Lot 125 ODYD Plan 30395 Except Plan M14878, located at 1455 Dilworth Drive, Kelowna, BC from the A1 – Agriculture 1 zone to the P3 – Parks and Open Space zone be considered by Council;

  AND THAT Rezoning Application No. Z21-0038 to amend the City of Kelowna Zoning Bylaw No. 8000 by changing the zoning classification of portions of Strata Plan KAS483 and Lot 9 District Lot 125 ODYD Plan 31272 Except Plan KAP50559 located at 1415 and 1418-1420 Hunter Court, Kelowna, BC from the A1 – Agriculture 1 zone to the C10 – Service Commercial zone as shown on Map ‘A’ attached to the Report from the Development Planning Department dated June 28, 2021 be considered by Council;

  AND THAT Rezoning Application No. Z21-0038 to amend the City of Kelowna Zoning Bylaw No. 8000 by changing the zoning classification of portions of Lot A District Lots 125 and 532 ODYD Plan 39897, Lot B District Lots 125 and 532 ODYD Plan 39897, Lot 1 District Lots 125 and 532 ODYD Plan KAP82764 and Lot 2 District Lots 125 and 532 ODYD Plan KAP82764, located at 2303 and 2343 Leckie Road and 2330 and 2350 Enterprise Way, Kelowna, BC from the A1 – Agriculture 1 zone to the C10 – Service Commercial zone as shown on Map ‘B’ attached to the Report from the Development Planning Department dated June 28, 2021 be considered by Council;

  AND THAT the Land Use Contract Termination and Rezoning Bylaw be forwarded to a Public Hearing for further consideration;

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

  
  
  
  Carried

3.4

Enterprise Way, Hunter Ct, Hunter Rd and Leckie Rd - BL12211 (LUCT21-0001) - Multiple Owners

• Moved By Councillor Given
  Seconded By Councillor Wooldridge

  THAT Bylaw No. 12211 be read a first time.

  
  
  
  Carried

3.5

Enterprise Way, Hunter Ct, Hunter Rd and Leckie Rd - BL12212 (Z21-0038) - Multiple Owners

• Moved By Councillor Wooldridge
  Seconded By Councillor Given

  THAT Bylaw No. 12212 be read a first time.

  
  
  
  Carried

3.6

Providence Ave 410 - OCP20-0017 (BL12229) TA20-0019 (BL12230) - Kettle Valley Holdings Ltd., Inc.No. 551772

Staff:

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

- Advised that there was an error in Power Point attached to the report and is out of date and not relevant.  

Sieben:

- Raised concerns with expectations of residents of what it looks like today.

- Community needs to have their say once again at PH.  

• Moved By Councillor Donn
  Seconded By Councillor Given

  THAT Official Community Plan Map Amendment Application No. OCP20-0017 to amend Map 4.1 in the Kelowna 2030 – Official Community Plan Bylaw No. 10500 by changing the Future Land Use designation for a portion of Lot 1 Section 23 Township 28 Similkameen Division Yale District Plan KAP85435 located at 410 Providence Avenue, Kelowna, BC from the EDINST – Educational/Major Institutional designation to the S2RES – Single / Two Unit Residential and PARK – Major Park/Open Space (public) designations, as shown on Map “A” attached to the Report from the Development Planning Department dated June 28, 2021 be considered by Council;

  AND THAT Zoning Bylaw Text Amendment Application No. TA20-0019 to amend the City of Kelowna Zoning Bylaw No. 8000 by changing the Kettle Valley Regulating Plan in Section 18 Schedule ‘B’ – CD2 Kettle Valley Comprehensive Residential Development Zone for portions of Lot 1 Section 23 Township 28 Similkameen Division Yale District Plan KAP85435 located at 410 Providence Avenue, Kelowna, BC from Type III or IV to Type V, Type V to Type III or IV and Type VI to Type III or IV as identified in Schedule “A” and outlined in the Report from the Development Planning Department dated June 28, 2021 be considered by Council;

  AND THAT the Official Community Plan and Zoning Bylaw Text Amendment Bylaws be forwarded to a Public Hearing for further consideration;

  AND FURTHER THAT final adoption of the Zoning Bylaw Text Amending be considered subsequent to the issuance of a Preliminary Layout Review letter by the Subdivision Approving Officer.

  
  
  
  Carried

3.7

Providence Ave 410 - BL12229 (OCP20-0017) - Kettle Valley Holdings Ltd., Inc.No. 551772

• Moved By Councillor Given
  Seconded By Councillor Donn

  THAT Bylaw No. 12229 be read a first time;

  AND THAT the bylaw has been considered in conjunction with the City's Financial Plan and Waste Management Plan.

  
  
  
  Carried

3.8

Providence Ave 410 - BL12230 (TA20-0019) - Kettle Valley Holdings Ltd., Inc.No. 551772

• Moved By Councillor Donn
  Seconded By Councillor Given

  THAT Bylaw No. 12230 be read a first time.

  
  
  
  Carried

3.9

Finns Rd 663-671 - LUCT20-0012 (BL12234) - Su-Mar Investments Ltd., Inc.No. 154934

Staff:

- Displayed a PowerPoint Presentation summarizing the application..

• Moved By Councillor Wooldridge
  Seconded By Councillor Hodge

  THAT Land Use Contract Termination Application No. LUCT20-0012 to terminate LUC76-1103 from Lot 1 Section 34 Township 26 ODYD Plan 42743, located at 663-671 Finns Road, Kelowna, BC, be considered by Council;

  AND THAT the notice sign requirements under Council Policy No. 367 be altered to allow for placement on the City of Kelowna’s boulevard;

  AND FURTHER THAT the Land Use Contract Termination Bylaw be forwarded to a Public Hearing for further consideration.

  
  
  
  Carried

3.10

Finns Rd 663-671 - BL12234 (LUCT20-0012) - Su-Mar Investments Ltd., Inc.No. 154934

• Moved By Councillor Given
  Seconded By Councillor Donn

  THAT Bylaw No. 12234 be read a first time.

  
  
  
  Carried

3.11

Finns Rd 733 - LUCT20-0020 (BL12235) - 684974 BC Ltd., Inc.No. 684974

Staff:

- Displayed a PowerPoint Presentation summarizing the application.

• Moved By Councillor Stack
  Seconded By Councillor Singh

  THAT Land Use Contract Termination Application No. LUCT20-0020 to terminate LUC76-1056 from Lot 2 Section 34 Township 26 ODYD Plan 3389, located at 733 Finns Road, Kelowna, BC, be considered by Council;

  AND THAT the notice sign requirements under Council Policy No. 367 be altered to allow for placement on the City of Kelowna’s boulevard;

  AND FURTHER THAT the Land Use Contract Termination Bylaw be forwarded to a Public Hearing for further consideration.

  
  
  
  Carried

3.12

Finns Rd 733 - BL12235 (LUCT20-0020) - 684974 BC Ltd., Inc.No. 684974

• Moved By Councillor Stack
  Seconded By Councillor DeHart

  THAT Bylaw No. 12235 be read a first time.

  
  
  
  Carried

3.13

Enterprise Way 2046 and Hardy St 1505 - LUCT20-0017 (BL12237) - Multiple Owners

Staff:

- Displayed a PowerPoint Presentation summarizing the application.

• Moved By Councillor Hodge
  Seconded By Councillor Wooldridge

  THAT Land Use Contract Terminatiion Application No. LUCT20-0017 to terminate LUCC76-1108 from Lot 1 District Lots 127 and 140 ODYD Plan 40360 and Lot 2 District Lots 127 and 140 ODYD Plan 40360, located at 1505 Hardy Street and 2046 Enterprise Way, Kelowna, BC, be considered by Council;

  AND THAT the notice sign requirements under Council Policy No. 367 be altered to allow for placement on the City of Kelowna’s Boulevard;

  AND FURTHER THAT the Land Use Contract Termination be forwarded to a Public Hearing for further consideration.

  
  
  
  Carried

3.14

Enterprise Way 2046 and Hardy St 1505 - BL12237 (LUCT20-0017) - Multiple Owners

• Moved By Councillor DeHart
  Seconded By Councillor Stack

  THAT Bylaw No. 12237 be read a first time.

  
  
  
  Carried

3.15

Sexsmith Rd 3130 - Z21-0058 (BL12238) - 463679 B.C. Ltd., Inc.No. BC0978460

Staff:

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

• Moved By Councillor Given
  Seconded By Councillor Donn

  THAT Rezoning Application No. Z21-oo58 to amend the City of Kelowna Zoning Bylaw No. 8000 by changing the zoning classification of Lot 28 Section 3 Township 23 ODYD Plan 18861 Except Plan EPP85268, located at 3130 Sexsmith Road, Kelowna, BC from the A1 – Agriculture 1 zone to the I6 – Low- Impact Transitional Industrial 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 FURTHER 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 June 28, 2021.

  
  
  
  Carried

3.16

Sexsmith Rd 3130 - BL12238 (Z21-0058) - 463679 B.C. Ltd., Inc.No. BC0978460

• Moved By Councillor Stack
  Seconded By Councillor DeHart

  THAT Bylaw No. 12238 be read a first time.

  
  
  
  Carried

3.17

Hollywood Rd S 1065 - Z21-0048 (BL12239) - Jordan Daniel Kaleta and Chelsea Aleksandra McCutchan

Staff:

- Displayed a PowerPoint Presentation summarizing the application..

• Moved By Councillor Given
  Seconded By Councillor Donn

  THAT Rezoning Application No. Z21-0048 to amend the City of Kelowna Zoning Bylaw No. 8000 by changing the zoning classification of Lot 1 Section 23 Township 26 ODYD Plan 25272, located at 1065 Hollywood Road South, Kelowna, BC from the RU1 – Large Lot Housing zone to the RU1c – Large Lot Housing with Carriage House 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

3.18

Hollywood Rd S 1065 - BL12239 (Z21-0048) - Jordan Daniel Kaleta and Chelsea Aleksandra McCutchan

• Moved By Councillor DeHart
  Seconded By Councillor Stack

  THAT Bylaw No. 12239 be read a first time.

  
  
  
  Carried

3.19

Sadler Rd 145, Hwy 33 E 180 and 190 - Z18-0117 (BL11957) - Supplemental Report

Staff:

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

Bylaw can be advanced to PH it's at First reading.

• Moved By Councillor Stack
  Seconded By Councillor Given

  THAT Council receives, for information, the supplemental report regarding Rezoning Bylaw No. 11957 from the Development Planning Department dated June 28, 2021;

  AND THAT Rezoning Application No. Z18-0117 to amend the City of Kelowna Zoning Bylaw No. 8000 by changing the zoning classification of Lots 1, 2 & 3 Section 26 Township 26 ODYD Plan 10045, located at 180 & 190 Highway 33 East and 145 Sadler Road, Kelowna, BC from the RU1 – Large Lot Housing zone and RU6 – Two Dwelling Housing zone to the C4 – Urban Centre Commercial 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 June 28, 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 and Development Variance Permit for the subject property.

  
  
  
  Carried

3.20

Heritage Register Removal - 180 Hwy 33 E

Staff:

- Displayed a PowerPoint Presentation summarizing the application.

• Moved By Councillor Hodge
  Seconded By Councillor Donn

  THAT Council receives, for information, the report from the Policy & Planning Department dated June 28, 2021, with respect to the Kelowna Heritage Register;

  AND THAT Council endorse the removal of 180 Highway 33 East from the Kelowna Heritage Register.

  
  
  
  Carried

4.

Non-Development Reports & Related Bylaws

4.1

Amendment No 12 to Development Application Fees Bylaw No 10560 (BL12220)

• Moved By Councillor DeHart
  Seconded By Councillor Wooldridge

  THAT Council, receives, for information, the Report from the Development Planning Department dated June 28, 2021 recommending that Council amend the City of Kelowna Development Application Fees Bylaw No. 10560;

  AND THAT Bylaw No. 12173 being Amendment No. 12 to the Development Application Fees Bylaw No. 10560 be forwarded for reading consideration.

  
  
  
  Carried

4.2

BL12220 - Amendment No 12 to Development Application Fees Bylaw No 10560

• Moved By Councillor Stack
  Seconded By Councillor DeHart

  THAT Bylaw No. 12220 be read a first, second and third time.

  
  
  
  Carried

4.3

2020 Annual Report and Statement of Financial Information

Staff:

- Displayed a PowerPoint Presentation outlining the 2020 Annual Report and Statement of Financial Information.

• Moved By Councillor DeHart
  Seconded By Councillor Stack

  THAT Council receives, for information, the 2020 Annual Report for the year ended December 31, 2020.

  AND THAT Council receives, for information, the 2020 Statement of Financial Information report that includes: Council Remuneration and Expense Report, Schedule of Remuneration and Expenses paid to or on behalf of each employee, Schedule of Payments to Suppliers of Goods and Services and Schedule of Payments to Suppliers for Grants and Contributions.

  
  
  
  Carried

4.4

Southern Interior Bylaw Adjudication Report to Council 2021

Staff:

- Advised the number of partners are 12 and not 10.

slight error in number of partners there are 12 partners not 10.

• Moved By Councillor Stack
  Seconded By Councillor DeHart

  THAT Council approves the addition of the Regional District of the North Okanagan (RDNO) to the Southern Interior Bylaw Notice Dispute Registry Agreement Bylaw;

  AND THAT the Mayor and City Clerk be authorized to execute the necessary documents to add the RDNO to the Southern Interior Bylaw Notice Dispute Registry Agreement.

  
  
  
  Carried

4.5

Additional Restrictions for Shared E-scooters

Councillor Sieben reconnected to the meeting at 3:40 p.m.

Staff:

- Displayed a PowerPoint Presentation outlining options for additional restrictions to the shared e-scooter program and responded to questions from Council.

CC

- With respect to the deadline of June 30th the permit holders are well aware of council's debate for several weeks.  Staff has been in constant contact and well aware of Council's position.  Council's intention is to amend or cancel the permit program.

DeHart - Opposed

Hodge - Opposed

Sieben - Opposed

• Moved By Councillor Stack
  Seconded By Councillor Donn

  THAT Council receives for information, the report from Integrated Transportation dated June 28, 2021, with regards to additional restrictions for shared e-scooters;

  AND THAT Council requires e-scooter permit holders to implement permit changes identified in the Reports from Integrated Transportation dated June 14, 2021 and June 28, 2021 by June 30, 2021;

  AND THAT any e-scooter permit holder unable to meet the June 30, 2021 deadline have their permit cancelled with the option to re-apply for an amended permit for the reminder of the 2021-2022 permit period;

  AND THAT the number of e-scooters provided be reduced and limited as per the report of Integrated Transportation dated June 28, 2021;

  AND THAT the location of e-scooter drop-offs be limited as per the report of Integrated Transportation dated June 28, 2021;

  AND THAT shared e-scooters be prohibited on the closed portion of Bernard Avenue and the waterfront walkway from the City Park Underpass to Rotary Marsh;

  AND FURTHER THAT the Additional Restrictions on shared-scooter companies identified in the Report from Integrated Transportation dated June 28, 2021 be implemented

  
  
  
  Carried
• ALTERNATE
  1. THAT Council direct staff to cancel the currently issued permits for shared e-scooters under the Bikeshare (Micromobility) Permit Program by providing written Notice to all current permit holders.

      

  2. THAT Council direct staff to bring forward amendments to the Traffic Bylaw and Parks and Public Spaces Bylaw to prohibit the operation of e-Scooters on the closed portion of Bernard Avenue and the waterfront walkway from the City Park Underpass to the Rotary Marsh
  
  
  
  

5.

Mayor and Councillor Items

Councillor Stack:

-

Councillor DeHart:

- (3) -thanked the Parks Department and operations for flowers, so many compliments.  

Councillor Donn:

- meet me on Bernard event/

- Canada Day is approaching 

- reopening plan that looks more optimistic - hopefully larger events may be able to occur. 

Councillor Sieben:

-

Councillor Hodge:

-

Councillor Singh:

- 1 - support federal govt move to introudce and pass bill c6 speaks to conversion therapy that undermines ones dignity and right to live freely.  happy it's gone forward.

- deptuty fire chief is retiring for 2 days, with FD for over 30 years, wish him well.

Councillor Wooldridge:

- Spoke to June Pride month, federal bill c6 bans conversion therapy.  Damaging to LGBQT community.  protects community.  Young persons put into this against their will.  thanked members of parliament for passing Bill which will to make it illegal.  

Councillor Given:

-

Mayor Basran:

- reminders to be mindful of  water consumption, and in back country be careful as we do not need forest fires since the temperatures are so high. Be careful, fire ban in effect today.  

6.

Termination

This meeting was declared terminated at 5:03 p.m.