City of Kelowna

Regular Council Meeting

Minutes

Meeting #:
Date:	Monday, July 12, 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,
• Legislative Coordinator (Confidential),
• Doug Gilchrist,
• and Laura Bentley

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1.

Call to Order

Mayor Basran called the meeting to order at 1:39 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, a maximum of 67 members of the public is permitted to attend Council meetings in-person.  Members of the public must reman seated unless invited to address Council.

As an open meeting, a live audio-video feed is being broadcast and recorded on kelowna.ca.

2.

Confirmation of Minutes

• Moved By Councillor Hodge
  Seconded By Councillor Wooldridge

  THAT the Minutes of the Regular Meetings of June 28, 2021 be confirmed as circulated.​

  
  
  
  Carried

3.

Development Application Reports & Related Bylaws

3.1

Boyd Rd 2840 - LUCT20-0010 Z20-0084 - Dennis Victor Miller and Kimberley Marie Miller

Staff:

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

• Moved By Councillor Stack
  Seconded By Councillor DeHart

  THAT Land Use Contract Termination No. LUCT20-0010 to terminate LUC76-1112 from Lot 2 District Lot 130 ODYD Plan KAP89521, located at 2840 Boyd Road, Kelowna, BC be considered by Council;

  AND THAT Rezoning Application No. Z20-0084 to amend the City of Kelowna Zoning Bylaw No. 8000 by changing the zoning classification of Lot 2 District Lot 130 ODYD Plan KAP89521, located at 2840 Boyd Road, Kelowna, BC from the A1 – Agriculture 1 to the RU1 – Large Lot Housing zone be considered by Council;

  AND THAT Council waive the development sign requirement under Public Notification & Consultation for Development Applications No. 367 for Rezoning Bylaw No. 12221.

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

  
  
  
  Carried

3.2

Boyd Rd 2840 - BL12219 (LUCT20-0010) - Dennis Victor Miller and Kimberley Marie Miller

• Moved By Councillor Donn
  Seconded By Councillor Wooldridge

  THAT Bylaw No. 12219 be read a first time.

  
  
  
  Carried

3.3

Boyd Rd 2840 - BL12221 (Z20-0084) - Dennis Victor Miller and Kimberley Marie Miller

• Moved By Councillor Donn
  Seconded By Councillor Wooldridge

  THAT Bylaw No. 12221 be read a first time.

  
  
  
  Carried

3.4

Mayfair Crt 734 - Z20-0095 (BL12241) - Adam Wladyslaw Zurek

Staff:

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

• Moved By Councillor Wooldridge
  Seconded By Councillor Donn

  THAT Rezoning Application No. Z20‐0095 to amend the City of Kelowna Zoning Bylaw No. 8000 by changing the zoning classification of Lot 18 District Lot 143 ODYD, Plan 43720, located at 734 Mayfair Court, 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;

  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 Variance Permit for the subject property.

  
  
  
  Carried

3.5

Mayfair Crt 734 - BL12241 (Z20-0095) - Adam Wladyslaw Zurek

• Moved By Councillor Donn
  Seconded By Councillor Wooldridge

  THAT Bylaw No. 12241 be read a first time.

  
  
  
  Carried

3.6

Gordon Dr 4653 - Z21-0008 (BL12242) - Mehdi Tehrani and Mandana Ghanyei

Staff:

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

• Moved By Councillor DeHart
  Seconded By Councillor Hodge

  THAT Rezoning Application No. Z21-0008 to amend the City of Kelowna Zoning Bylaw No. 8000 by changing the zoning classification of Lot A District Lot 357 Osoyoos Division Yale District Plan EPP110189, located at 4653 Gordon Drive, Kelowna, BC from the RU1 – Large Lot Housing zone to the RU6 – Two Dwelling Housing 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 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 July 12, 2021;

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

  
  
  
  Carried

3.7

Gordon Dr 4653 - BL12242 (Z21-0008) - Mehdi Tehrani and Mandana Ghanyei

• Moved By Councillor Donn
  Seconded By Councillor Wooldridge

  THAT Bylaw No. 12242 be read a first time.

  
  
  
  Carried

3.8

Patterson Ave 575 - Z21-0004 (BL12244) - Dream Chaser Management and Development Ltd., Inc. No. C1120607

Staff:

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

• Moved By Councillor Hodge
  Seconded By Councillor Singh

  THAT Rezoning Application No. Z21-0004 to amend the City of Kelowna Zoning Bylaw No. 8000 by changing the zoning classification of Lot 13 District Lot 14 ODYD Plan 3249, located at 575 Patterson Avenue, Kelowna, BC from the RU6 – Two Dwelling Housing zone to the RM3 – Low Density Multiple Housing 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 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 July 12, 2021;

  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

3.9

Patterson Ave 575 - BL12244 (Z21-0004) - Dream Chaser Management and Development Ltd., Inc. No. C1120607

• Moved By Councillor Donn
  Seconded By Councillor Given

  THAT Bylaw No. 12244 be read a first time.

  
  
  
  Carried

3.10

Trumpeter Rd 508 - Z21-0031 (BL12246) - 508 Trumpeter Road Developments Ltd., Inc. No. BC1258630

Staff:

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

• Moved By Councillor Singh
  Seconded By Councillor DeHart

  THAT Rezoning Application No. Z21-0031 to amend the City of Kelowna Zoning Bylaw No. 8000 by changing the zoning classification of Lot 5, Section 24, Township 28, Similkameen Division Yale District, Plan KAP90635, located at 508 Trumpeter Road, Kelowna, BC from the RR3C – Rural Residential 3 with Carriage House zone to the RU1 – Large Lot Housing 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

3.11

Trumpeter Rd 508 - BL12246 (Z21-0031) - 508 Trumpeter Road Developments Ltd., Inc. No. BC1258630

• Moved By Councillor Donn
  Seconded By Councillor Given

  THAT Bylaw No. 12246 be read a first time.

  
  
  
  Carried

3.12

Bernard Ave 520-526 - TA21-0008 (BL12247) Z21-0024 (BL12248) - GBD Holdings Inc., Inc. No. BC0941235 - Supplemental Report

• Moved By Councillor Wooldridge
  Seconded By Councillor Stack

  THAT Council receives, for information, the Supplemental Report from the Office of the City Clerk dated July 12, 2021 regarding a Zoning Bylaw Text Amendment Bylaw and Rezoning Bylaw that requires reading consideration;

  AND THAT the Zoning Bylaw Text Amendment Application TA21-0008 and Rezoning Application Z21-0024, located at 520-526 Bernard Avenue, Kelowna BC, be forwarded for reading consideration.

  
  
  
  Carried

3.13

Bernard Ave 520-526 - BL12247 (TA21-0008) - GBD Holdings Inc., Inc. No. BC0941235 - Supplemental Report

opposed - Councillor Sieben

• Moved By Councillor Donn
  Seconded By Councillor Given

  THAT Bylaw No. 12247 be read a first time.

  
  
  
  Carried

3.14

Bernard Ave 520-526 - BL12248 (Z21-0024) - GBD Holdings Inc., Inc. No. BC0941235 - Supplemental Report

opposed - Councillor Sieben

• Moved By Councillor Stack
  Seconded By Councillor DeHart

  THAT Bylaw No. 12248 be read a first time.

  
  
  
  Carried

3.15

Bernard Ave 266 - TA21-0012 (BL12249) Z21-0039 (BL12250) - Macarther Ventures Inc.,Inc.No.BC0684166 - Supplemental Report

opposed - Councillor SIeben

• Moved By Councillor Stack
  Seconded By Councillor Wooldridge

  THAT Council receives, for information, the Supplemental Report from the Office of the City Clerk dated July 12, 2021 regarding a Zoning Bylaw Text Amendment Bylaw and Rezoning Bylaw that requires reading consideration;

  AND THAT the Zoning Bylaw Text Amendment Application TA21-0012 and Rezoning Application Z21-0039, located at 266 Bernard Avenue, Kelowna BC, be forwarded for reading consideration.

  
  
  
  Carried

3.16

Bernard Ave 266 - BL12249 (TA21-0012) - Macarther Ventures Inc.,Inc.No.BC0684166

opposed - Councillor SIeben

• Moved By Councillor DeHart
  Seconded By Councillor Stack

  THAT Bylaw No. 12249 be read a first time.

  
  
  
  Carried

3.17

Bernard Ave 266 - BL12250 (Z21-0039) - Macarther Ventures Inc.,Inc.No.BC0684166 

opposed - Councillor Sieben

• Moved By Councillor Stack
  Seconded By Councillor DeHart

  THAT Bylaw No. 12250 be read a first time.

  
  
  
  Carried

3.18

Supplemental Report - Crosby Rd 1818 - Z21-0029 (BL12226) - 1244855 BC Ltd

Staff:

- Spoke to correspondence received.

• Moved By Councillor Given
  Seconded By Councillor Donn

  THAT Council receives, for information, the report from the Office of the City Clerk dated July 12, 2021 with respect to the summary of correspondence received for Zoning Bylaw No. 12226;

  AND THAT Rezoning Bylaw No. 12226 be forwarded for further reading consideration.

  
  
  
  Carried

3.19

Crosby Rd 1818 - BL12226 (Z21-0029) - 1244855 BC Ltd

• Moved By Councillor DeHart
  Seconded By Councillor Stack

  THAT Bylaw No. 12226 be read a second and third time and be adopted

  
  
  
  Carried

3.20

Supplemental Report - Bryden Rd 155 - Z21-0020 (BL12231) - Kelowna Christian Centre Society Inc

• Moved By Councillor Wooldridge
  Seconded By Councillor DeHart

  THAT Council receives, for information, the report from the Office of the City Clerk dated July 12, 2021 with respect to the summary of correspondence received for Zoning Bylaw No. 12231;

  AND THAT Rezoning Bylaw No. 12231 be forwarded for further reading consideration.

  
  
  
  Carried

3.21

Bryden Rd 155 - BL12231 (Z21-0020) - Kelowna Christian Center Society, Inc.No. S0017232

• Moved By Councillor Donn
  Seconded By Councillor Given

  THAT Bylaw No. 12231 be read a second and third time.

  
  
  
  Carried

3.22

Supplemental Report - Highland Dr N 1653 - Z21-0017 (BL12236) - Shannon Elizabeth Day

• Moved By Councillor Stack
  Seconded By Councillor Donn

  THAT Council receives, for information, the report from the Office of the City Clerk dated July 12, 2021 with respect to the summary of correspondence received for Zoning Bylaw No. 12236;

  AND THAT Rezoning Bylaw No. 12236 be forwarded for further reading consideration.

  
  
  
  Carried

3.23

Highland Dr N 1653 - BL12236 (Z21-0017) - Shannon Elizabeth Day

• Moved By Councillor DeHart
  Seconded By Councillor Stack

  THAT Bylaw No. 12236 be read a second and third time.

  
  
  
  Carried

3.24

Rutland Road N 2100 - OCP18-0005 (BL12053) Z18-0019 (BL12054) TA18-0011 (BL12055) - Bylaw Extension Request

• Moved By Councillor Donn
  Seconded By Councillor Wooldridge

  THAT in accordance with Development Application Procedures Bylaw No. 10540, the deadline for the adoption of Bylaw No. 12053 for OCP18-0005, Bylaw No. 12054 for Z18-0019 and Bylaw No. 12055 for TA18-0011, for Lot 1 Section 35 Township 26 ODYD Plan EPP105620 located at 2100 Rutland Road North, be extended from July 14, 2021 to July 14, 2022;

  AND THAT Council directs Staff to not accept any further extension requests.

  
  
  
  Carried

3.25

Gallagher Rd 2980 - Z20-0021 (BL12042) - Bylaw Extension Request

• Moved By Councillor Donn
  Seconded By Councillor Wooldridge

  THAT in accordance with Development Application Procedures Bylaw No 10540, the deadline for the adoption of Rezoning Bylaw No. 12042, for Z20-0021 for Lot 1, Section 12 and 13, Township 26 and Sections 7 and 18 Township 27, ODYD, Plan KAP71697, Except Plans KAP84278, KAP86315, KAP86363, KAP88598, EPP36504, EPP69212, EPP74058, and EPP84892 located at 2980 Gallagher Road, Kelowna, BC, be extended from June 23, 2021 to June 23, 2022;

  AND that Council directs Staff to not accept any further extension requests.

  
  
  
  Carried

3.26

McCarthy Rd 9640 - Z18-0122 (BL11790) - Rescind Rezoning Bylaw

• Moved By Councillor Stack
  Seconded By Councillor DeHart

  THAT Council receives for information the report from the Development Planning department, dated July 12, 2021, with respect to Rezoning Application No. Z18-0122 at Lot 1 Sections 10 and 11 Township 20 Osoyoos Division Yale District Plan EPP91012 located at 9640 McCarthy Road, Kelowna, BC;

  AND THAT Bylaw No. 11790 be forwarded for rescindment consideration and the file be closed.

  
  
  
  Carried

3.27

McCarthy Rd 9670, BL11790 (Z18-0122) - The Flowr Group (Okanagan) Inc., Inc. No. BC0974062

• Moved By Councillor Stack
  Seconded By Councillor DeHart

  THAT Bylaw No. 11790 be rescinded and the file closed.

  
  
  
  Carried

4.

Bylaws for Adoption (Development Related)

4.1

Burne Ave 360 - BL12139 (Z20-0106) - 1221900 BC LTD., Inc.No. BC1221900

• Moved By Councillor Stack
  Seconded By Councillor DeHart

  THAT Bylaw No. 12139 be adopted.

  
  
  
  Carried

5.

Non-Development Reports & Related Bylaws

5.1

Complex Needs Advocacy Paper

Staff:

- Displayed a PowerPoint Presentation summarizing the Complex Needs Advocacy document and responded to questions from Council.

Consultant 

-Displayed a PowerPoint presentation summarizing the Complex Needs Advocacy paper.

Discussion ensued.

• Moved By Councillor Wooldridge
  Seconded By Councillor Hodge

  THAT Council receives, for information, the report from the Real Estate department dated July 12, 2021, with respect to the Complex Needs Advocacy Paper;

  AND THAT Council endorse the Complex Needs Advocacy Paper as attached to the report from the Real Estate department dated July 12, 2021;

  AND FURTHER THAT Council authorize the Mayor to collaborate with the Mayors of the City of Vernon, City of West Kelowna and District of Lake Country and the Chief of the Okanagan Indian Band to present the Advocacy Paper to senior levels of government, seeking the development of a new model of complex care housing with supports, a system redesign and the funding and resources necessary to address the housing and support needs of individuals with complex needs.

  
  
  
  Carried

5.2

Water Regulation Bylaw Update - Recreational Use

Staff:

- Provided an overview of the proposed changes to the Water Regulation Bylaw and responded to questions from Council.

• THAT Council receives for information, the report from the Water Operations Manager dated July 12^th, 2021, pertaining to the Water Regulation Bylaw update;

  AND THAT Bylaw No. 12245 being Amendment #14 to Water Regulation Bylaw No. 10480 be forwarded to Council for reading consideration.

  
  
  
  Carried

5.3

BL12245 - Amendment No. 14 to the Water Regulation Bylaw No. 10480

• Moved By Councillor DeHart
  Seconded By Councillor Stack

  THAT Bylaw No. 12245 be read a first, second and third time.

  
  
  
  Carried

5.4

Parks and Public Spaces Bylaw Amendment

Staff:

- Displayed a PowerPoint Presentation summarizing the proposed amendments to the Parks and Public Spaces Bylaw and responded to questions from Council.

• Moved By Councillor Donn
  Seconded By Councillor DeHart

  THAT Council receive, for information, the Public Space Bylaw Amendment report from the Real Estate and Bylaw Services department dated July 12, 2021;

  AND THAT Council gives reading consideration to Bylaw No.12223 being amendment No.4 to the Public Space Bylaw No.10680;

  AND FURTHER THAT Council gives reading consideration to Bylaw No.12243 being amendment No.28 to Bylaw Enforcement Bylaw No. 10475.

  
  
  
  Carried

5.5

BL12223 - Amendment No. 4 to the Parks and Public Spaces Bylaw No. 10680

• Moved By Councillor Wooldridge
  Seconded By Councillor Stack

  THAT Bylaw No. 12223 be read a first, second and third time.

  
  
  
  Carried

5.6

BL12243 - Amendment No. 28 to Bylaw Notice Enforcement Bylaw No. 10475

• Moved By Councillor Stack
  Seconded By Councillor DeHart

  THAT Bylaw No. 12243 be read a first, second and third time.

  
  
  
  Carried

5.7

North End Neighbourhood Planning

Councillor Stack declared a conflict of interest as his employer has a development application coming forward in the subject area. He left the meeting at 3:21 p.m.

Staff:

- Displayed a PowerPoint Presentation outlining the North End Neighbourhood Planning process and responded to questions from Council.  

• Moved By Councillor Given
  Seconded By Councillor Donn

  THAT Council receive, for information, the report from the Policy & Planning Department regarding the North End Plan, dated July 12, 2021;

  AND THAT Council directs staff to launch the North End Neighbourhood Plan process, as outlined in the report from the Policy & Planning Department, dated July 12, 2021;

  AND FURTHER THAT the 2021 Financial Plan be amended to include $135,000 for staffing for the North End Neighbourhood Plan project, to be recovered from the applicant for the Mill Site Area Redevelopment Plan.

  
  
  
  Carried

5.8

Commitment to Community Impact Report

Staff:

- Displayed a PowerPoint Presentation summarizing community impacts and responded to questions from Council.

 

• Moved By Councillor Stack
  Seconded By Councillor Given

  THAT Council receives, for information, the report from the Active Living and Culture Division dated July 12, 2021, with respect to the 2019-2020 Commitment to Community Impact Report. 

  
  
  
  Carried

5.9

Draft 2040 OCP future parks update

Staff:

- Displayed a PowerPoint Presentation outlining public feedback for future parks in the Draft 2040 OCP and responded to questions from Council. 

Opposed Councillor Hodge

2nd motion

All 8 in parks designtaion in the draft OCP 

Moved by Councillor Donn, Seconded by Councillor Stack

Carried

Opposed - Councillor Hodge

• Moved By Councillor Stack
  Seconded By Councillor Donn

  THAT, Council receives for information the Report from Parks & Buildings Planning, dated July 12, 2021, providing an update on future parkland for the draft 2040 Official Community Plan (OCP), their challenges and opportunities;

  AND THAT, Council directs Staff to update the OCP based on the recommendations for parkland modifications outlined in the Report;

  AND FURTHER THAT, Council endorses the OCP’s future parkland use designation inclusive of the remaining and modified parkland.

  
  
  
  Carried

6.

Bylaws for Adoption (Non-Development Related)

6.1

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

• Moved By Councillor Wooldridge
  Seconded By Councillor DeHart

  THAT Bylaw No. 12220 be adopted.

  
  
  
  Carried

7.

Mayor and Councillor Items

Councillor Singh - sent heartfelt to those impacted by the crane collapse today.

Councillor Wooldridge - 

Councillor Hodge attended the new DKA Board of Directors.

Lady of the Lake Mayor Basran tonight w COuncillor Wooldridge

8.

Termination

This meeting was declared terminated at 5:45 p.m.