City of Kelowna

Meeting #:
Date:	Tuesday, May 10, 2022
Time:	6:00 P.m. - 6:00 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 Loyal Wooldridge, 
• City Clerk, Stephen Fleming, 
• Legislative Coordinator (Confidential), 
• Doug Gilchrist, 
• and Laura Bentley

Members Absent

• Councillor Mohini Singh
• and Councillor Luke Stack

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1.

Call to Order

Mayor Basran called the meeting to order at 6:08 p.m.

2.

Reaffirmation of Oath of Office

The Oath of Office was read by Councillor Wooldridge.

3.

Confirmation of Minutes

• Moved By Councillor DeHart
  Seconded By Councillor Wooldridge

  THAT the Minutes of the Regular Meeting of  April 1,2 2022 be confirmed as circulated.​

  
  
  
  Carried

4.

Liquor License Application Reports

4.1

START TIME 6:00 PM - Bernard Ave 353 - LL22-0001 - 1299853 B.C. LTD., INC.NO. BC1303098

Staff:

- Displayed a PowerPoint Presentation summarizing the application 

Carolyn Nixon, Okaview Rd, Applicant:

- Reviewed the venues welcoming the arts to the downtown core.

- Anticipate opening in June if all is approved.

Mayor Basran 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 participating online or in the Gallery indicated they wished to speak.

There were no further comments.

• Moved By Councillor Donn
  Seconded By Councillor DeHart

  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 353 Bernard Enterprise Ltd for a liquor primary license for 1299853 B.C. LTD., INC. NO. BC 1303098, 353 Bernard Ave, Kelowna, BC for the following reasons:
     • Council Policy No. 359 recommends the large establishments should be located within Urban Centres;
  2. Council’s comments on LCRB’s prescribed considerations are as follows:

     Criteria for licence amendment:

     1. The potential for noise if the application is approved:

        The potential impact for noise is minimal and would be compatible with surrounding land uses.

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

        The potential for negative impacts is considered to be minimal as this is an expansion to an existing Liquor Primary establishment.

  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

5.

Development Permit and Development Variance Permit Reports

5.1

START TIME 6:00 PM - Cambridge Ave 651 - BL12313 (Z21-0085) - Provincial Rental Housing Corporation, In. No. BC0052129

Councillor Stack declared a conlfict of interest as he is an employee of the applicant.

• Councillor SIngh
  Moved By Councillor Wooldridge

  THAT Bylaw No. 12313 be adopted.

  
  
  
  Carried

5.2

START TIME 6:00 PM - Cambridge Ave 651 - DP20-0182 DVP20-0183 - Provincial Rental Housing Corporation, Inc.No. BC0052129

Staff:

- Displayed a PowerPoint Presentation summarizing the application. 

Lisa Monster, Socitey of Hope, Mary Lapointe, Jeff Maron, Applicant

-Displayed a PowerPoint presentation outlining the application.

-Reviewed subsidized rental rates for the development.

Mary Lapointe, 

-Reviewed the planning history of the Pleasantvale site.

-Reviewed neighbourhood engagement.

-Reviewed the parking variance of 29 stalls.

-Reviewed photos of existing parking conditions at different times of the day.

- access to transit services in the area

-Reviewed the replacement of trees to the site and the heritage tree retention.

- Responded to questions from Council.

- Confirmed the number of applicants seeking rental opportunities

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

On Line Participants:

- 

No one participating online indicated they wished to speak.

Gallery:

Beverly Calmelkoff

- Kelowna Tree Protectors

-Reviewed the study done previously.

-Would like to see more trees to be protected.

-Requested a meeting with the Society of Hope to discuss the trees.

-Maximize the retention of trees.

-In support of the application with more tree retention.

-Spoke to the private tree retention policy being in progress.

-Requesting the amendment of the plan to protect more existing trees.

-Responded to questions from Council.

- Reviewed tree in the centre of the property that could be further protected

Carol Miller, Banjou Court

-Spoke to the north end plan and the vision for tree retention.

Lisa Massini Cambridge Ave

-Spoke to Sylix unceded territory and the need to protect trees.

-Spoke to the amenities of trees and First Nations gratitude for trees

-Spoke to personal experience of stakeholder input in the phase 1.

-Opposed to the development the way it is proposed.

-Request BC Housing to engage in new ideas for the site plan before and permits are issued.

-Responded to questions from Council.

-Reviewed other trees to protect currently on site.

Ashley  Lubic, Kingsway

- Concerned with the retention of the trees.

- spoke to the City plans to encourage tree retention.

Pat Munro, Cadder Ave

- Would like to see all 10 trees retained

Olivia ollowitz, Central Ave

-adjacent neighbour

-supports the application but not the loss of the trees.

- spoke to the loss of the trees

Fadima Craye, Central Ave

-Opposed to the trees being taken down.

-Spoke to the positive attributes of trees

Robin Metcalf, Bernard

-Spoke to the impact of the removal of the trees and the negative impact on people with disabilities.

- Reviewed the arborists report

Erica Belllouther, Abbott St

-Concern regarding the lack of tree protection bylaw for private trees.

Rob Hayes, Moutainview St

- Concern for environmental impact of the development.

- Concern regarding the proposed new ornamental trees replacing the mature trees.

Geneatte Le??? Crescent

-Spoke to the pillars of urban environment.

- Prevention of the loss of trees in developments. Livability is key.

Protect the trees as a group for better chance of survival,

Tavis Kyle, Stuart Rd West

-support more affordable housing.

-Spoke to the concern of young adults acquiring affordable housing.

Tracey Davis, Lake Ave

-Referenced OCP short term goals identifying a tree protection bylaw.

-Kelowna identified to face the hottest heat wave of any major Canadian city.

-Urge Council to make decisions to protect the livibility of the community.

There were no further comments.

Applicant's response

-Responded to questions from the Council.

-Three years until the units hit the market without any changes.

-Jeff Baren, Contractor

-Spoke to the tree canopy

-Arborist will submit a tree protection plan for the site.

- Spoke to the landscape plan and its development through the consultation process.

- Protecting more trees would require a major redesign of the site and loss of units

Staff responded to questions from Council.

Director of Planning confirmed a workshop is a few weeks away to look at the options around the tree protection bylaw.

Opposed Councillor Hodge

• Moved By Councillor Given
  Seconded By Councillor Donn

  THAT final adoption of Rezoning Bylaw no. 12313 be considered by Council;

  AND THAT Council authorizes the issuance of Development Permit No. DP20-0182 for Lot 1 District Lot 9 ODYD Plan EPP113953, located at 651 Cambridge Avenue, 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 in accordance with Schedule “C”,
  4. The applicant be required to post with the City a Landscape Performance Security deposit in the form of a “Letter of Credit” in the amount of 125% of the estimated value of the landscaping, as determined by a Registered Landscape Architect;

  AND THAT Council authorizes the issuance of Development Variance Permit No. DVP20-0183 for Lot 1 District Lot 9 ODYD Plan EPP113953, located at 651 Cambridge Avenue, Kelowna, BC;

  AND THAT variances to the following sections of the Zoning Bylaw No. 8000 be granted:

  Table 8.3.1: Section 8 – Parking and Loading, Required Off-Street Parking Requirements, Residential Parking:

                  To vary the parking requirements from 109 stalls required to 79 proposed.

                  Section 13.9.6(b) – RM3 - Low Density Multiple Housing Development Regulations:

                  To vary the site coverage from 60% permitted to 66% proposed.

                  Section 13.9.6(c) – RM3 - Low Density Multiple Housing Development Regulations:

  To vary the height of the building from 10.0 m permitted to 14.0 m proposed and from 3 storeys to 4 storeys.

                  Section 13.9.6(f) – RM3 - Low Density Multiple Housing Development Regulations:

                  To vary the rear yard setback from 7.5 m permitted to 3.0 m proposed

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

  
  
  
  Carried

5.3

START TIME 6:45 PM -  2339-2397 Hwy 97 N - DP21-0155 DVP21-0272 - Dilworth Shopping Centre Ltd., Inc No. 319846

Staff:

- Displayed a PowerPoint Presentation summarizing the application.

Lauren McAuley, Ellis St, Applicant

-Displayed a PowerPoint presentation outlining the application.

-Spoke to the amenities onsite. 

-Spoke to the site plan

-Responded to questions from Council.

The Applicant was present and available for questions.

Mayor Basran 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 participating online or in the gallery indicated they wished to speak.

No one in the Gallery indicated they wished to speak.

There were no further comments.

• Councillor SIngh
  Moved By Councillor Donn

  THAT Council authorize the issuance of Development Permit No. DP21-0155 for a portion of Lot A, District Lot 126 & 532, ODYD Plan 40108 located at 2339 – 2397 Hwy 97 N, 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 form of a “Letter of Credit” in the amount of 125% of the estimated value of the landscaping, as determined by a Registered Landscape Architect;

  AND THAT Council authorizes the issuance of Development Variance Permit No. DVP21-0272 for a portion of Lot A, District Lot 126 & 532, ODYD Plan 40108 located at 2339 – 2397 Hwy 97 N, Kelowna, BC;

  AND THAT variance to the following section of Zoning Bylaw No. 8000 be granted:

  Section 14.4.6 (a): C4 – Urban Centre Commercial - Other Regulations

  To decrease the minimum commercial space on the first floor fronting an arterial road from 90% to 16.3%.

  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 are valid for two (2) years from the date of Council approval, with no opportunity to extend.

  
  
  
  Carried

5.4

START TIME 6:45 PM - Crosby Rd 1786 - DVP22-0007 - Alfonso Reda and Cheryl Elaine Reda

Staff:

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

Alf Weade, Crosby Rd, Applicant

- Spoke to the deck being constructed for access to the hot tub.

- Willing to construct the fence for privacy.

-Responded to questions from Council.

-Les Soley Chapman Place, Protocol Home Planning 

-spoke to the drawings completed for the deck.

-Privacy fence could be built

Mayor Basran 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 participating online or in the Gallery indicated they wished to speak.

Staff responded to questions from Council.

The City Clerk confirmed there were two letters of opposition

There were no further comments.*

• Councillor Stack/Seconded by Councillor Donn

  THAT Council NOT authorize the issuance of Development Variance Permit No. DVP22-0007 for Lot 8, Section 5, Township 23, ODYD, Plan EPP63600, located at 1786 Crosby Road, Kelowna, BC.

  
  
  
  
• ALTERNATE

  THAT Council authorizes the issuance of Development Variance Permit No. DVP22-0007 for Lot 8, Section 5, Township 23, ODYD, Plan EPP63600, located at 1786 Crosby Road, Kelowna, BC;

  AND THAT variances to the following sections of Zoning Bylaw No. 8000 be granted:

  Section 13.2.6(a): RU2 – Medium Lot Housing Development Regulations

  To vary the required maximum site coverage from 40% permitted to 44% proposed.

  Section 13.2.6(e): RU2 – Medium Lot Housing Development Regulations:

  To vary the required minimum rear yard setback from 6.0 m permitted to 2.6 m proposed.

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

  
  
  
  

6.

Reminders

There were no reminders.

7.

Termination

The meeting was declared terminated at 9:20 p.m.