City of Kelowna

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 Charlie Hodge
  • Councillor Brad Sieben
  • Councillor Mohini Singh
  • Councillor Luke Stack
  • Councillor Loyal Wooldridge
Staff Present
  • City Clerk, Stephen Fleming
  • Council Recording Secretary, Arlene McClelland
  • Doug Gilchrist

Mayor Basran called the meeting to order at 7:40 p.m.

The Oath of Office was read by Councillor DeHart.

  • Moved ByCouncillor Donn
    Seconded ByCouncillor Hodge

    THAT the Minutes of the Public Hearing and Regular Meeting of June 1, 2021 be confirmed as circulated.​



    Carried

Councillor Sieben declared a conflict of interest due to being a shareholder in BNA Brew Company and close proximity of the application and departed the meeting at 7:42 p.m.

Staff:

- Displayed a PowerPoint Presentation summarizing the application..

Andrew Seminar Ellis street, Powell Maxfield u=T  Applicant

- Responded to questions from Council.

- Applicant - most patrons bike or walk and will have 7 car stalls.  In the evenings there is alot of street parking that can be used.  

DeHart - how can you manage noise complaints?  Situated in area that is far away from most residential areas, operating 4 years now and host live music and no sound complaints in 4 years.  Want to be a good neighbour.  We follow bylaws that the city has.  Confirmed 16 patron bathrooms on site.  Outdoor music ends at 10 p.m.

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

Online Participants:

Martin Wilemeire VP of Kelowna Mountain Club, Richter Street

next door to brewing company.

- submitted comments in writing as well.

- not opposed to red bird brewing expansion plans, concerns with parking and how such an expansion will affect parking in the area.  true large industrial area, we are an athletic club all year round and busiest on evenings and weekends. founded in 1910 at this site since 1950.  neighbourhood has clearly changed. Parking over the past 5 years has become tighter.  we have 13 spots dedicated to us along Gaston  and on our property.  In process of parking being removed for sidewalks, concern simply is parking is being removed and we have same capacity needs as we always has, this proposal is a significant increase in the area.  Has staff considered the impact and what that would look like during busy times.  challenge to find parking when we have something at the club or fields next door and if they have an event as well.  we have 500 club members, busiest times for us we may have 40 people in the building.  

- Responded to questions from Council.

Applicant:

- There is no major response, This is the first we heard of conflicts of parking with Badminton Club it is new to us, there are other influences that can affect parking not just our business. 

Staff:

- Responded to questions from Council.

DeHart - is there cash in leu of parking? Staff - there is a cash in leu bylaw but this business is not within the area of that bylaw

Singh - concern with 500 seat occupancy, how did staff think of managing parking?  Staff noted we defer to the applicant to manage their clientele; if issues they cannot deal with there is uncontrolled off street parking in the area.  That is an asset that is under utilized today. 

There were no further comments.

Donn - SUPPORT

Given - SUPPORT

Stack - SUPPORT

Wooldridge - SUPPORT

DeHart - SUPPORT

Singh - SUPPORT

Mayor - SUPPORT

  • Moved ByCouncillor Donn
    Seconded ByCouncillor Wooldridge

    THAT Council directs Staff to forward the following Recommendation to the Provincial Liquor and Cannabis Regulation Branch (LCRB):

    In accordance with Section 53 of the Liquor Control and Licensing Regulation and Council Policy 359, BE IT RESOLVED THAT:

    1. Council recommends support of an application from Red Bird Brewing for a special event area endorsements/license amendment for Lot 1 District Lot 139 ODYD, Plan 7858, located at 1080-1090 Richter Street, Kelowna, BC for the following reasons:

    2. Council’s comments on LCLB’s prescribed considerations are as follows:

    1. The location of the lounge/special event area:

      The property is located adjacent to Recreation Avenue Park but is not in close proximity to any residential uses other than 740 Clement Ave / 1195 Richter St (zoned for mixed-use residential/commercial) which is located approximately 160.0 m to the south. There are a number of other existing breweries and distilleries in the area. The location of the subject property is suitable for an increase to the existing lounge/special event area liquor service capacity.

    2. The proximity of the lounge/special event area to other social or recreational facilities and public buildings:

      The subject property is located adjacent to Recreation Avenue Park which includes recreational facilities and public buildings. The liquor service area proposed for the site predominantly faces Richter St and the building location and orientation on-site provides a natural buffer to Recreation Avenue Park. Furthermore, a public lane is located in between the rear of the buildings which naturally help to buffer the on-site uses from the park. The potential for negative impacts on the adjacent park is considered to be minimal.

    3. The person capacity of the lounge/special event area:

      The application is to increase the approved establishment capacity from 99 persons existing to 500 persons proposed. The expansion involves a large majority of the site, including both interior and exterior spaces. With the expansion, the capacity would increase by 401 persons in total. The existing liquor service will be removed from the existing building and relocated to the rear building on-site and include an expansion of the seasonal patio space.

    4. Traffic, noise, parking and zoning:

      Expanding the existing liquor service for the site to include an additional liquor licence capacity of 401 persons will increase the potential conflict for traffic, noise, and parking demand. Of the 500-person capacity proposed, 314-persons would be for the outdoor seasonal (march-sept) patio space with the additional 186-persons being for the interior of the building which will remain open during all 12-months of the year.

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

      Due to the fairly large exterior seasonal patio space capacity proposed, Staff have some concerns regarding the potential impact noise could have on the surrounding area and the largely single-family residential properties situated to the north of the site and at the base of Knox Mountain Park. The applicants have been operating on the subject site since 2017, have hosted a number of outdoor events and have had minimal impact on the surrounding community to date. It is expected that the applicants will manage noise complaint issues as best they can. Additionally, there are a number of other existing brewery and distilleries in the area which also incorporate exterior seasonal patio spaces in a range of sizes and capacities.

      Liquor Service Hours Change Proposed

      The applicants are proposing to amend the existing liquor service hours from 12:00pm opening Sunday-Saturday, to 9am opening Sunday-Saturday and will close at the same time as existing (midnight) 7 days a week. The applicants intend to open the establishment 3 hours earlier than they do currently to be able to provide a breakfast service with liquor consumption.

      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

Councillor Sieben rejoined the meeting at 8:16 p.m.

Staff:

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

Nola Kilmartin, WSP 421 Able Place  Applicant

- .Shared a  PowerPoint Presentation

- Jeff ashita and brian Menzies are on line as well.

- noted site location, with map of crushing location.  to crush on site, if it cannot be and hauled away, have read resident concerns, material found on site will be crushed; make fewr truck trips reduce road congestion and improve safety areound the site. 

- the goals maximum separation distance to residences, crusher has decibal at 90 to 99 drops with 50 m separation, crusher will be seperated by 50 m and will reduce noise nuisance.  stockpile material and process in batches.  times of day came from resident consultations.  This will minimize crushing duratin.

- spoke to dust mitigation - spray water at the source to dampen dust.

- Spoke to Noise, subject to Noise Bylaw restrictions.  Complied with request of 8 am to 6 pm minus weekends and holidays.  

- spoke to consultation, residents and businesses in the area.  reduced hours of operation by costco construction team. 

- Responded to questions from Council.  

Brian Menzies - Construction Project Manager - Harrison Court

- Rock crushing equipment has a wash bar, it sprays water into the hopper where material is processed.  intent of that feature to migitage air born dust.  another factor, for noise and locate crusher in centre of the site to reduce air borne dust.  No vibration is expected with the central location. further away we are from residences the less impactful we will be on those properties.  it is a mobile equipment size of dump truck, it is static and sits in one place, it will not produce vibration.  Goetech Survey done before beginning? As part of permitting and planning process the geotech survey was done, dates, geo study done early in the study, revealed there could be large boulders on the property that's what stemmed us to look at how material is managed in environmental sustainable way, had to do with natural progression of the project, development permitting took longer than expected, This Permit application was made early April, work has progressed, volume of oversized material is lower than expected, 21 day period will not be exceeded. 

Has Interior Health been consulted regarding respiratory issues- did not contact IHA for TUP.

If permitted thru this process to adjust the timing, room to adjust hours of operation as long as it doesn't impact process.

If could not get a crushing machine with wash bar other ways to mitigate.

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

Online Participants:

Stuart ? 222-1965 Durnham Road Bristol Gardens

representng myself and family and 1157 Strata

- there is no mititation having dust particles, movement of the reock crushing device will move it from one area of distrurbance to another. thre was a low amount of harvested material on site, additional material still needs  to come onto the site.  if more material brought onsite to crush

Raised concern with noise, many work from home and noise is disruptive.

concern of where material is processed.  is more material being brought in to be crushed on site.  There is not enough material to crush on site.

Bill Doyle, Briston Gardens

- the strata council was in support of costco coming to this site.  City Council stated commercialdevelomenet potential even tho residential in OCP, we knew there was going to be construction. in support of this.  it will reduce traffic and conjection

Ron Ready, 1765 Leckie Road Dilworth Green

- We are the furthest away of the property and we have had a great deal of dustrin our units and our roads.  WSP Engineer and complained about the dust on the site with current constructoin.  he assured me he would relay message to general contractor.  Inadequate water srources to mitigate the dust.

- There is also ground vibration disturbance in our residence. 

- Someone had to be aware of rocky soil conditions and should have been dealt with long before now.  

- new project at baron and Dilworth Drive, hauled rock off their site in the past week or so, basically WSP and Costco it is just a cost driven that they don't want to deal with.

- Not in support of this.  need to mitigate the dust on this site currently

Applicant:

- Importing of material is not the intent, crusher to process by product of what is on site only.

- Responded to questions from Council.

- Any construction site there is dust and will address with team to see that improvements continue to mitigate concerns.

- Open to discussion with staff and Nola to reduce hours 9 am to 5 pm.

- Amendments can be made at Public Hearing to make changes to the TUP.

City Clerk

- The bylaw allows council to make amendments to the TUP at PH,  can reduce them but cannot expand them.  

Singh - some residents could have respiratory issues that live in the area, has there been talks with IHA.  

Would have to take that to Costco team to address or consider. 

Staff:

- Responded to questions from Council.

There were no further comments.

Given - Support

Sieben - 

Stack - Support

Wooldridge - Opposed

Hodge - Opposed

  • Moved ByCouncillor Given
    Seconded ByCouncillor Donn

    THAT Council authorizes the issuance of Temporary Use Permit No. TUP21-0001 to allow the operation of a mobile rock crusher for Lot A District Lot 126 ODYD, Plan EPP110834, located at 2125 Baron Road, Kelowna, BC for a three (3) month period commencing from Council approval subject to the following conditions:

    1. The duration of the Temporary Use Permit Application TUP21-0001 shall be for a total of three (3) months.
    2. The siting and location of the mobile rock crusher to be in accordance with Schedule “A”.

    AND FURTHER THAT any application to extend the permit must be approved by Council prior to this permit expiring.



    Carried

Staff:

- Displayed a PowerPoint Presentation summarizing the application..

Michele Watson, 145 Uplands Court, Applicant

- .looking to expand the usable recreational space.

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

No one participating online indicated they wished to speak.

There were no further comments.

  • Moved ByCouncillor Sieben
    Seconded ByCouncillor DeHart

    THAT Council authorizes the issuance of Development Variance Permit No. DVP21-0003 for Lot 1 Section 23 Township 28 SDYD Plan KAP66197, located at 377 Uplands Court, Kelowna, BC;

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

    Section 7.5.9 – Landscaping and Screening, Fencing and Retaining Walls

    To vary the maximum height of the retaining wall from 1.2 m required to 4.8m 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.



    Carried

Staff:

- Displayed a PowerPoint Presentation summarizing the application..

The Applicant was not in attendance.

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

No one participating online indicated they wished to speak.

There were no further comments.

  • Moved ByCouncillor Stack
    Seconded ByCouncillor Given

    THAT Council authorizes the issuance of Development Variance Permit No. DVP21-0082 for Lot 2 District Lot 14 Osoyoos Division Yale District Plan 31764, located at 664 Patterson Avenue, Kelowna, BC;

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

    Section 9.5b.1(g): Carriage House Regulations

    To vary the maximum height of a carriage house to be higher than the height of the principal dwelling, as measured to the midpoint, to a maximum of 4.8 m.

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



    Carried

Councillor DeHart declared a conflict of interest as the applicant will be renting which is in direct conflict with place of business and departed the meeting at 9:29 p.m.

Staff:

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

Luke Turri, Mission Group Applicant

- .Shared a PowerPoint Presentation.- Aqua Waterfront Village

- Representing Mission Group.

- Since original approvals in 2018 we continued on with the project.  worked with staff with comprehensive land exchange to create the formal legal parcel.  Delayed due to covid in 2020.  refined the project and believe it is better than in 2018.

- Spoke to the vision, lakefront destination, waterfront village, community hub and will create a highly accessible lake front, with a world class design.

- Shared a video of the Aqua development.

- Renewal DP, more slender tower.  

Summarizes - the improvements made overall to design, 2.5 million dollars parks cost charges, parks into the community.  will speak to community benefits. 

- Responded to questions from Council.

Height of the buildings have not changed but there is terracing. 

Animated commercial space, how much more is there for people to walk - Applicant, public facing commercial component, cafes and restaurants along the boardwalk. Lots of ways for cafes and patios to spill out. 

Boat launch congestion concerns, as of May boat launch has been reconstructed, creates a more efficient way to load and unlaod boats into the water. Queing lanes and staging lanes makes it more efficient.

Dredgng is a problem, it will be a conversation with city and province.

Public realm is newly designed and landscaped, podium level is green amenity plan, very comprehensive plan.

once promenade is completed and pathways completed it is city infrastructure to maintain. aqua dedicated the land for public access.

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

Online Participants:

Mark Jeanes, 2161 Uppersondance Drvie WKelowna

Gm of Eldorado Resort

- Alot of time and effort into the aqua plan, want to make sure councl received the letter of our comments regarding various variances.  

- this devleopment on this scale is not in keeping with lower mission area.  it is lower mission and not lower longsdale.  great mixture of space but not in the right spot.  from easement to zero, eldorado resort is a destination for tourists and locals and building something this scale will be completely out of context, scale and massing is really not south pandosy sector plan not made clear if it meets those polciies, the boat storage and increase in height about a 208% increase that is allowable now.  The normal process, including residents and business community to have a more public forum with stakeholders, this is a significant impact and build which is ecologically sensitive, parking is a concern and is restricted.  boat launch traffic will try to go across board walk.  people are not experts when they reverse their boats, concerning from public safety standpoint.  No results from online shoreline study. Need to rethink the scale of this and not in keeping with the location.  would like to defer this application and reschedule this PH so more stakeholders can weigh in.

- Responded to questions from Council (1 from Donn)

Staff:

- Responded to questions from Council.

There were no further comments.

Stack - they will pay 2.5 million park dcc's - many public benefits - Support

Sieben - Support

Donn - Opposed

Wooldridge - Support

Hodge - Support

Singh - Support but concerned with height variances.

Given - Support

Mayor - Support

  • Moved ByCouncillor Stack
    Seconded ByCouncillor Wooldridge

    THAT Council authorizes the issuance of Development Permit No. DP21-0014 for Lot A Section 1 Township 25 ODYD Plan EPP92691, located at 3838 Capozzi 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 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. DVP21-0015 for Lot A Section 1 Township 25 ODYD Plan EPP92691, located at 3838 Capozzi Road, Kelowna, BC;

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

    Section 14.9.5(c): C9 – Tourist Commercial Development Regulations

    To vary the required minimum front yard from 6.0m permitted to 0.0m proposed.

    Section 14.9.5(d): C9 – Tourist Commercial Development Regulations

    To vary the required minimum side yard from a flanking street from 4.5 m permitted to 0.0m proposed (Truswell Rd.).

    Section 14.9.5(d): C9 – Tourist Commercial Development Regulations

    To vary the required minimum side yard from 3.0m permitted to 0.0m proposed (Cook Rd. Boat Launch).

    Section 8.2.10: Parking & Loading, Off-Street Parking Regulations, Numbers of Spaces

    To vary the required minimum number of off-street parking spaces for Phase I of the project from 249 required to 233 proposed.

    Section 14.9.6(f): C9 – Tourist Commercial Other Regulations

    To vary the maximum height for boat storage from 6m and 1 tier of storage permitted to 20m and 4 tiers of storage proposed.

    Section 14.9.5(b): C9 – Tourist Commercial Development Regulations

    To vary the maximum height from 22.0m or 6 storeys permitted to 42m and 13 storeys; 46m and 15 storeys; and 54m and 17 storeys proposed.

    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

Nil.

The meeting was declared terminated at 1045 p.m.