City of Kelowna

Regular Council Meeting

Minutes

Meeting #:

Date:

Monday, July 10, 2023

Time:

1:30 P.m. - 1:30 P.m.

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

---

3.

Award to the City

3.1

IABC Gold Quill Award

Mayor and Council accepted the award.

• THAT Council receives for information the report from the Divisional Director, Corporate Strategic Services regarding the recognition of an IABC Gold Quill Award of Merit for Communications Excellence, dated .

  
  
  
  

1.

Call to Order

Mayor Dyas called the meeting to order at 1:30 p.m.

I would like to acknowledge that we are gathered today on the traditional, ancestral, unceded territory of the syilx/Okanagan people.

This Meeting is open to the public and all representations to Council form part of the public record.  A live audio-video feed is being broadcast and recorded on kelowna.ca and a delayed broadcast is shown on Shaw Cable.

2.

Confirmation of Minutes

• THAT the Minutes of the Regular Meetings of June 19, 2023 be confirmed as circulated.​

  
  
  
  Carried

4.

Development Application Reports & Related Bylaws

4.1

Heritage Register Removal – 2079 Pandosy Street - Zarislav Bjelica

Staff:

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

• Moved By Councillor Cannan
  Seconded By Councillor Singh

  THAT Council receives, for information, the report from the Policy and Planning Department dated July 10, 2023, with respect to the Kelowna Heritage Register;

  AND THAT Council NOT support the removal of 2079 Pandosy Street from the Kelowna Heritage Register.

  
  
  
  Carried
• THAT Council receives, for information, the report from the Policy and Planning Department dated July 10, 2023, with respect to the Kelowna Heritage Register;

   

  AND THAT Council support the request for the removal of 2079 Pandosy Street from the Kelowna Heritage Register.

  
  
  
  

4.2

Goodison Rd 4275 - A23-0005 - James and Kristi Caldwell

Staff:

- Displayed a PowerPoint Presentation summarizing the application.

• Moved By Councillor Singh
  Seconded By Councillor Hodge

  THAT Agricultural Land Reserve Application No. A23-0005 for Lot B, Section 34, Township 29, ODYD, PLAN 43324, located at 4275 Goodison Rd, Kelowna, BC for a Non-Farm Use of agricultural land in the Agricultural Land Reserve pursuant to Section 20 (2) of the Agricultural Land Commission Act, be supported by Council;

  AND THAT the Council directs Staff to forward the subject application to the Agricultural Land Commission for consideration.

  
  
  
  Carried

4.3

Rutland Rd N 155-179 - Z23-0013 (BL12548) - ASI Central GP Inc., Inc.No. A0117887

Staff:

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

• Moved By Councillor Webber
  Seconded By Councillor DeHart

  THAT Rezoning Application No. Z23-0013 to amend the City of Kelowna Zoning Bylaw No. 12375 by changing the zoning classification of LOT A SECTION 26 TOWNSHIP 26 OSOYOOS DIVISION YALE DISTRICT PLAN EPP117920, located at 155-179 Rutland Rd N, Kelowna, BC from the UC4 – Rutland Urban Centre zone to the UC4r – Rutland Urban Centre Rental Only zone, be considered by Council;

  AND THAT final adoption of the Rezoning Bylaw be considered subsequent to the outstanding conditions of approval as set out in Attachment “A” attached to the Report from the Development Planning Department dated July 10, 2023;

  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

4.4

Buckhaven Ct 4973 Steele Rd 1450 - Z23-0020 (BL12549) - Mair Developments Ltd., Inc.No. BC0753083

Staff:

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

• Moved By Councillor DeHart
  Seconded By Councillor Wooldridge

  THAT Rezoning Application No. Z23-0020 to amend the City of Kelowna Zoning Bylaw by changing the zoning classification of portions of Lot A Sections 20 and 29 Township 29 SDYD Plan KAP44335 Except Plans KAP92565, EPP23066, EPP31364, EPP51781, EPP72348, EPP82001, and EPP100536, located at 1450 Steele Rd, Kelowna, BC and portions of Lot 1 Section 29 Township 29 SDYD Plan EPP100536 Except Plan EPP120254, located at 4973 Buckhaven Ct, Kelowna, BC from the RR1 – Large Lot Rural Residential zone to the RU2 – Medium Lot Housing zone as shown on Map “A” attached to the Report of the Development Planning Department dated July 10, 2023, be considered by Council;

  AND THAT final adoption of the Rezoning Bylaw be considered subsequent to the issuance of a Preliminary Layout Review Letter by the Approving Officer.

  
  
  
  Carried

4.5

Abbott St 2337 - Z23-0018 (BL12551) - Janet Marie Hertz and Kevin John Hertz

Staff:

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

• Moved By Councillor Wooldridge
  Seconded By Councillor Webber

  THAT Rezoning Application No. Z23-0018 to amend the City of Kelowna Zoning Bylaw No. 12375 by changing the zoning classification of Lot 4 District Lot 14 ODYD Plan 3451, located at 2337 Abbott Street, Kelowna, BC from the RU1c – Large Lot Housing with Carriage House zone to the RU4 – Duplex Housing zone be considered by Council;

  
  
  
  Carried

4.6

Rezoning Bylaws Supplemental Report to Council

City Clerk:

Confirmed no correspondence received for Robson Rd W 285 / Rutland Rd S 280, 4305 Hazell Rd, 875 Hollydell Rd and 675-685 Ziprick Rd 

May Remove:

Council:

- Indicated they wished to consider the bylaw for @ Street Name)  separately.

• THAT Council receives, for information, the report from the Office of the City Clerk dated July 10, 2023 with respect to four rezoning applications;

  AND THAT Rezoning Bylaws No. 12541, 12542, 12543 and 12545 be forwarded for further reading consideration.

  
  
  
  

4.7

Rezoning Bylaw Readings

4.7.2

Hazell Rd 4305 - BL12542 (Z23-0016) - Ryan Jay Markewich

• THAT Bylaw No. 12542 be read a first, second and third time.

  
  
  
  

4.7.3

Hollydell Rd 875 - BL12543 (Z23-0026) - Manpreet Dhial and Inderjit Dhial

• THAT Bylaw No. 12543 be read a first, second and third time.

  
  
  
  

4.7.4

Ziprick Rd 675-685, Springfield Rd 2560 - BL12545 (Z23-0023) - Multiple Owners

• THAT Bylaw No. 12545 be read a first, second and third time.

  
  
  
  

4.8

Coronation Ave 979-983 - BL12484 (Z22-0075) - 979 Coronation GP Ltd., Inc.No. BC1375934

• Moved By Councillor DeHart
  Seconded By Councillor Wooldridge

  THAT Bylaw No. 12484 be amended at third reading by deleting the Legal Description that reads:

  "Lot 46 District Lot 138 ODYD Plan 1271 and Lot 47 District Lot 138 ODYD Plan 1271"

   

  And replacing it with:

  "Lot A District Lot 138 ODYD Plan EPP129141".

  
  
  
  Carried
• THAT Bylaw No. 12484 be amended at third reading by deleting the title that reads "979 & 983 Coronation Ave" and replacing it with "979-983 Coronation Avenue".

  
  
  
  
• Moved By Councillor DeHart
  Seconded By Councillor Wooldridge

  THAT Bylaw No. 12484, as amended, be adopted.

  
  
  
  Carried

4.9

Coronation Ave 979-983 - DP22-0228 - 979 Coronation GP Ltd., Inc.No. BC1375934

Staff:

- Displayed a PowerPoint Presentation summarizing the application. 

Cannan opposed

• Moved By Councillor Hodge
  Seconded By Councillor Singh

  THAT Rezoning Bylaw No. 12484 be amended at third reading to revise the legal description of the subject properties from Lot 46 District Lot 138 ODYD Plan 1271 and Lot 47 District Lot 138 ODYD Plan 1271 to Lot A District Lot 138 ODYD Plan EPP129141;

  AND THAT final adoption of Rezoning Bylaw No. 12484 be considered by Council;

  AND THAT Council authorizes the issuance of Development Permit No. DP22-0228 for Lot A District Lot 138 ODYD Plan EPP129141, located at 979 – 983 Coronation Ave, 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 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 is valid for two (2) years from the date of Council approval, with no opportunity to extend.

  
  
  
  Carried

4.10

Asher Rd 500 - DP23-0002 - 285 Dougall Road Development Ltd., Inc.No. BC1348727

Staff:

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

• Moved By Councillor Wooldridge
  Seconded By Councillor Singh

  THAT Council authorizes the issuance of Development Permit No. DP23-0002 for Lot A Section 26 Township 26 ODYD Plan EPP128601, located at 500 Asher Road, 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 the applicant be required to complete the above noted conditions of Council’s approval of the Development Permit Application in order for the permit to be issued;

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

  
  
  
  Carried

4.11

Appaloosa Rd 3196 - DP23-0013 - Watermark Developments Ltd., Inc.No. 1191800

Staff:

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

• Moved By Councillor Wooldridge
  Seconded By Councillor DeHart

  THAT Council authorizes the issuance of Development Permit No. DP23-0013 for Lot 14 Sections 2 and 3 Township 23 ODYD Plan 18861 Except Plan EPP64644, located at 3196 Appaloosa Road, 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 this Development Permit is valid for two (2) years from the date of Council approval, with no opportunity to extend.

  
  
  
  Carried

5.

Bylaws for Adoption (Development Related)

5.1

Franklyn Rd 975 - BL12448 (Z22-0029) - Gurdish Johal

• Moved By Councillor Wooldridge
  Seconded By Councillor DeHart

  THAT Bylaw No. 12448 be adopted.

  
  
  
  Carried

5.2

Sexsmith Rd 2930 - BL12511 (Z22-0019) - Reid Industrial Centre Ltd., Inc.No. BC1326474

• Moved By Councillor Wooldridge
  Seconded By Councillor DeHart

  THAT Bylaw No. 12511 be adopted.

  
  
  
  Carried

5.3

Killdeer Rd 5081 - BL12525 (OCP22-0002) - Frazer Lake Developments GP Ltd., Inc.No. BC1313068

Cannan - Opposed

• Moved By Councillor DeHart
  Seconded By Councillor Wooldridge

  THAT Bylaw No. 12525 be adopted.

  
  
  
  Carried

5.4

Killdeer Rd 5081 - BL12526 (Z22-0004) - Frazer Lake Developments GP Ltd., Inc.No. BC1313068

Cannan - Opposed

• Moved By Councillor Wooldridge
  Seconded By Councillor DeHart

  THAT Bylaw No. 12526 be adopted.

  
  
  
  Carried

6.

Non-Development Reports & Related Bylaws

6.1

Council Workshop for Proposed Changes to Short-Term Rental Regulations

Councillor DeHart declared a conflict of interest due to owning short term rental nits and departed the meeting at 2:34 p.m.

Councillor Wooldridge declared a conflict of interest as they have a short term rental license and departed the meting at 2:34 p.m.

The meeting recessed at 2:34 p.m.

The meeting reconvened at 2:46 p.m.

Staff:

- Displayed a PowerPoint Presentation summarizing the proposed short term rental regulations and potential regulatory changes and responded to questions from Council.

Option 2 staff to come back with Bylaw enforcement options. council wants something more restrictive. how much resources.  

Dehart and Woolridge returned to the meeting at 3:39 p.m.

• Moved By Councillor Hodge
  Seconded By Councillor Cannan

  THAT Council receives, for information, the report from the Development Planning Department dated July 10, 2023, with respect to the short-term rental regulatory review;

  AND THAT Council directs Staff to bring forth changes to Zoning Bylaw No. 12375 and Short-Term Rental Accommodation Business Licence and Regulation Bylaw No. 11720 as outlined in the report from the Development Planning Department dated July 10, 2023.

  
  
  
  Carried

6.2

Amendment No. 4 to Soil Removal and Deposit Bylaw No. 9612

Staff:

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

• Moved By Councillor Lovegrove
  Seconded By Councillor Hodge

  THAT Council receives, for information, the report from the Development Planning Department, dated July 10, 2023, with respect to the amendment to the Soil Removal and Deposit Regulation Bylaw No. 9612;

  AND THAT Bylaw No. 12489, being Bylaw Amendment No. 4. to the Soil Removal and Deposit Regulation Bylaw No. 9612, be forwarded for reading consideration.

  
  
  
  Carried

6.3

BL12489 - Amendment No. 4 to Soil Removal and Deposit Bylaw No. 9612

• Moved By Councillor Lovegrove
  Seconded By Councillor Singh

  THAT Bylaw No. 12489 be read a first, second and third time.

  
  
  
  Carried

6.4

10-Year Capital Plan (2023 to 2032)

Staff:

- Displayed a PowerPoint Presentation outlining the draft 10 Year Capital Plan and responded to questions from Council.

Cannan - Opposed

\The meeting recessed at 4:25 p.m.

The meeting reconvened at 4:33 p.m.

• Moved By Councillor Singh
  Seconded By Councillor Lovegrove

  THAT Council receives, for information, the report from Financial Services dated July 10^th, 2023, with respect to this year’s annual update to the 10-Year Capital Plan.

  AND THAT Staff return to Council for final adoption of 10-Year Capital.

  
  
  
  Carried
• THAT Council receives, for information, the report from Financial Services dated July 10^th, 2023, with respect to this year’s annual update to the 10-Year Capital Plan.

  
  
  
  

6.5

Mission and Rutland Transit Network Plans

Staff:

- Displayed a PowerPoint Presentation summarizing the Mission and Rutland Transit Network Plans and responded to questions from Council.

• Moved By Councillor Cannan
  Seconded By Councillor Wooldridge

  THAT Council receives, for information, the report from Integrated Transportation, dated July 10, 2023 regarding the Mission and Rutland Transit Network Plans.

  
  
  
  Carried

6.6

Micromobility Permit Program Update

Staff:

- Displayed a PowerPoint Presentation providing an update on the Micromobility Permit Program and responded to questions from Council.

Mayor

- Are there docking stations, no financial means for  docking stations at this time.

- Shuts down in downtown core at 10:30 p.m. due to alcohol.  Interior Health suggested downtown not use after 10:30 p.m.

- Doubling of people on single person scooters.

Cannan

- Issue with scooters on sidewalks.  will work with operator for end of ride photos, been doing weekly parking standards.

Staff - Safety budget is $23,000 from Lime

Can lime proved boots ont he ground to enforce proper useage

Sonia Kandola, Lime Canada 

Kyle Erickson 

- $30,000 safety campaign this summer wearing helmet, on sidewalks and tandem riding.  street team in process of hiring htem and should be on sthe street enforcing good behaviours through this summer. Will aslo be attending kelowna block party and giving away helmets.  will check gps on waterfront to see if it's working. Mondey is a local spend to kleowna specifically.

- Pushing to hire for staff to go earlier in the mornings to uprighting bikes and scooters.  Residents do not like the clutter of bikes and scootersd.  Program could be more widely accepted if the clutter was not there.

Consultant Sonia Kandola, Lime Canada and Kyle Erickson, Operations Manager for Canada

Kyle

 battery allows for 40 kilometers.  Lime staff are policing.

Sonia 

Spoke to rider education, when they first sign up for a ride, keep educating until behaviour changes.  want to educate tourists and residents properly.

- Hope drivers do a 360 check, however, when lime bike is parked on private property, will work together for a resolution.

DeHart

who is responsible if Lime mobiles are parked on private property and they are run over, who is responsible for damages to property owner vehicles.

• Moved By Councillor DeHart
  Seconded By Councillor Wooldridge

  THAT Council receives, for information, the report from Integrated Transportation, dated July 10th, 2023, with regards to the Micromobility Permit Program.

  
  
  
  Carried

6.7

Crown Tenure Manhattan Drive Foreshore

Staff displayed a PowerPoint presentation identifying the proposed licence of occupation for a portion of the foreshore adjacent to the City-owned property on Manhattan Drive and responded to questions from Council  

• Moved By Councillor Cannan
  Seconded By Councillor Lovegrove

  THAT Council receive, for information, the Crown Tenure Manhattan Drive Foreshore – License of Occupation report from the Real Estate Department dated July 10, 2023;

  AND THAT Council agrees to acquire the License of Occupation as presented, for a term of fifteen (15) years, from the Province, over the land consisting of all that unsurveyed Crown foreshore being part of the bed of Okanagan Lake and fronting on Lot 1 District 9, Osoyoos Division of Yale District, Plan 16501 and containing 0.0838 hectares, more or less, for the purpose of public dock and breakwater;

  AND THAT the Mayor and City Clerk be authorized to execute the License of Occupation;

  AND FURTHER THAT Council authorizes staff to execute any future License of Occupation with the Province in relation to the subject lands, on similar terms and conditions.

  
  
  
  Carried

6.8

Road Closure Adjacent to 4020 Lakeshore Rd

• THAT Council receives, for information, the report from the Real Estate department dated July 10, 2023, recommending that Council adopt the proposed closure of road adjacent to 4020 Lakeshore Road, to be consolidated into 4020 Lakeshore Road.

  AND THAT Bylaw No. 11606, being a proposed road closure of a portion of road adjacent to 4020 Lakeshore Road be rescinded;

  AND FURTHER THAT Bylaw No. 12547, being a proposed road closure of a portion of road adjacent to 4020 Lakeshore Road, be given reading consideration.

  
  
  
  

6.9

BL11606 - Road Closure Bylaw - Adjacent to 4020 Lakeshore Rd

• Moved By Councillor Lovegrove
  Seconded By Councillor Singh

  THAT Bylaw No.11606 be  rescinded;

   

  AND THAT Bylaw No. 12547 be read a first, second and third time.

  
  
  
  Carried

7.

Mayor and Councillor Items

Provide late correspondence for tomorrows PH

Mayor

- thankded singh for going to troika hopen house for rentals in rutland

webber and wooldridge for hosting the folk festivdal canada festival.  

Cannan

- Representing mayor meals on wheels general meeting.

- recognize work 2 new commites civic wards and accessiblity advisory committee. 

DeHart

- representing  Mayor at the 70th Anniversy for Pathways Society

- Invitation to Mission Painters show attended at Sarsons Becah

Singh

- Hydrogen fueling station at spall and hwy 97, there for the launch of it.  Webber went too. first one

Lovegrove

- shout out to dehart will bring pickle ball ceremony at 8 am at Parkinson rec centre

Hodge

- said nothing really

8.

Termination

This meeting was declared terminated at 5:40 p.m.