City of Kelowna

Meeting #:
Date:
Time:
-
Location:
Council Chamber
City Hall, 1435 Water Street
Members Present
  • Mayor Colin Basran
  • Councillor Maxine DeHart
  • Councillor Gail Given
  • Councillor Charlie Hodge
  • Councillor Brad Sieben
  • Councillor Mohini Singh
  • Councillor Luke Stack
  • Councillor Loyal Wooldridge
Members Absent
  • Councillor Ryan Donn
Staff Present
  • City Clerk, Stephen Fleming
  • Council Recording Secretary, Arlene McClelland
  • Doug Gilchrist

Mayor Basran called the meeting to order at 751

The Oath of Office was read by Councillor Wooldridge.

  • Moved ByCouncillor Given
    Seconded ByCouncillor Wooldridge

    THAT the Minutes of the Public Hearing and Regular Meeting of October 26, 2021 be confirmed as circulated.​



    Carried

Staff:

- Displayed a PowerPoint Presentation summarizing the application..

Applicant is in attendance and aviailable 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 online came forward.

No on came forward.

There were no further comments.

 

  • Moved ByCouncillor Hodge
    Seconded ByCouncillor Wooldridge

    THAT Council authorizes the issuance of Development Variance Permit No. DVP20-0068 for Lot A, District Lot 136, Section 19, Township 26, ODYD, Plan 31279, located at 1240 Guisachan Road, Kelowna, BC;

    AND THAT a variance to the following section of Zoning Bylaw No. 8000 be granted in accordance with Schedule “A”:

    Section 9.5b.1(j): Specific Use Regulations, Carriage House Regulations – Development Regulations in Residential, Health District and Comprehensive Development Zones

    To vary the rear yard setback from 1.5 m required to 0.82 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.



    Carried

Staff:

- Displayed a PowerPoint Presentation summarizing the application.

Applicant is not in attendance 

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 online came forward.

No one came forward.

There were no further comments.

 

  • Moved ByCouncillor DeHart
    Seconded ByCouncillor Given

    THAT Council authorizes the issuance of Development Variance Permit No. DVP20-0199 for Lot 18, District Lot 143, ODYD, Plan 43270, located at 734 Mayfair Court, Kelowna, BC;

    AND THAT variances to the following sections of Zoning Bylaw No. 8000 be granted in accordance with Schedule “A”:

    Section 9.5b.1(j): Specific Use Regulations, Carriage House Regulations – Development Regulations in Residential, Health District and Comprehensive Development Zones

    To vary the rear yard setback from 1.5 m required to 1.38 m proposed.

    Section 9.5b.1(k): Specific Use Regulations, Carriage House Regulations – Development Regulations in Residential, Health District and Comprehensive Development Zones

    To vary the minimum distance to a principal dwelling from 3.0 m required to 1.16 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.



    Carried

Staff:

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

Birte Decloux urban option planning., Applicant representative

- considering form and character of project is consistnet with infill devleoenet with only 4 units.

- transitions form older stock to modern comtemporayr buildings on both sides of subejct property,

- intent is to create a clean face to the street, to achieve 4units there are several variance required, spoketo parking, 4 parking stalls, additional stalls are required, walkable score of 82 and bikers score of 97 hopeful most residents would not have vehicles.

2 m side yard setback, live ability having them separated from front street is more desirable,

 variances at front can be mitigated.  

tired to point out that they are not unique in context of this neighbourhood.  each have a 2m side yard setback is consistent with the rythum of the street that also have setbacks.

- Responded to questions from Council.

did a neighbourhood consultation but unsure if there was a face to face discussion.  market has shown that having 2 separate units is very desirable in this area.

Confirmed that there are other construction buildings that have 2 m sideyard setbacks.

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 online or in the gallery came forward.

There were no further comments.

  • Moved ByCouncillor Given
    Seconded ByCouncillor Wooldridge

    THAT final adoption of Rezoning Bylaw No. 12244 be considered by Council;

    AND THAT Council authorize the issuance of Development Permit No. DP21-0009 for Lot 13 District Lot 14 ODYD Plan 3249, located at 575 Patterson 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 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. DVP21-0012 for Lot 13 District Lot 14 ODYD Plan 3249, located at 575 Patterson Avenue, Kelowna, BC;

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

    Section 8.2.19(a): Section 8 – Parking and Loading, Off-Street Parking Regulations, Accessible Parking Standards:

    To vary the required accessible stall from 1 required to 0 proposed.

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

    To vary the minimum required parking stalls from 9 required to 4 proposed (including visitor parking).

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

    To vary the required side yard setback from 4.5m required to 2.0m proposed.

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

    To vary the minimum distance between two principal dwellings from 3.0m required to 2.0m proposed.

    AND FURTHER THAT this Development Permit and 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 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 online or in the gallery came forward.

There were no further comments.

  • Moved ByCouncillor Hodge
    Seconded ByCouncillor Stack

    THAT Council authorizes the issuance of Development Variance Permit No. DVP21‐0011 for Lot 4 District Lot 134 ODYD Plan 30577, located at 3521 Scott Road, Kelowna, BC;

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

    Section 13.1.6(d): RU1 – Large Lot Housing Development Regulations

    To vary the required minimum side yard from 2.3 m permitted to 2.0 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.



    Carried

Staff:

- Displayed a PowerPoint Presentation summarizing the application.

Jason Gill., Applicant

- 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 online or in the gallery came forward.

There were no further comments.

  • Moved ByCouncillor Wooldridge
    Seconded ByCouncillor Singh

    THAT Council authorizes the issuance of Development Variance Permit No. DVP21-0096 for Lot 1, Section 24, Township 28, SDYD, Plan KAP87908, located at 5308 Upper Mission Drive, Kelowna, BC;

    AND THAT variances to the following section of Zoning Bylaw 8000 be granted:

    Section 12.2.6(f): RR2c - Rural Residential 2 with Carriage House – Development Regulations

    To vary the rear yard setback from 9.0 m required to 2.5 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.



    Carried

Staff:

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

concerned with lenght of the buildings? these will be large buildings, benefits to them as well, outstanding site plan and landscaping, builldings are attractive, meeting set back requirements.

Sarah Alexander., Director with West Urban  Development, Applicant

-  Displayed a PowerPoint Presentation

-  spoke to developer Overview, plan build and manager our properties.  purpose built WestUrban Developments Ltd. vibrant company

- high quality finishings, make them quite livable and great gyms, 

- purpose built rentals, zoning amenemdnt was adopted by council in august, and healthy housing strategy.  easy access to transit, community amenities, shopping etc.

- beneift of rental is prking can be reduced by 20%, allows landscape plan for open greenspace, underground parking.  do have 2 elevators in each building.  displayed the landscape plan, each unit accessible from common wsay, blacony or patio for each unit.  outdoor gym multi use court, benches, trees and plantings acorss the property.  

displayed photos of examples at how the landscape will look.

On-site Manager

- Crime prevention mitigation has been contemplated.

- form and character is consistent with DP guidelines. 

- maximizes open and recreational areas.

- Responded to questions from Council.

Any indoor meeting spaces for residents?.  A - Majority of amenities is outdoors.  

The rendering does not show architectural plan. 

Confirmed dog friendly, allowed anywhere.  special artificial turd area for doggie pee breaks that will not ruin the lawn.

- The height variance as we made building footprint small to have more greenspace.  

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 on line came forward.

Gallery:

Lisa Simone, 875 Badke Road

- This has development has changed immensely from the first application.

- The quality and safety is a major concern of mine, a water issue as well.  

- the design and height variances keep changing, this is third time I've been here in front of Council on this proposal.

- raised concern with increased traffic. - Due to school using road to drop children off.

- objection to 6 storey when everything else around is 2 storey.

 

Applicant

- try to setback from properties as much as possible.

There were no further comments.

Mayor - Opposed.

Wooldridge - Opposed

  • Moved ByCouncillor Stack
    Seconded ByCouncillor Given

    THAT Council authorizes the issuance of Development Permit No. DP21-0112 and Development Variance Permit No. DVP21-0113 for LOT A SECTION 27 TOWNSHIP 26 OSOYOOS DIVISION YALE DISTRICT

    PLAN EPP85221, located at 155 Bryden 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 variances to the following section of Zoning Bylaw No. 8000 be granted:

    Section 13.11.6(c): RM5Medium Density Multiple Housing, Development Regulations

    To vary the required maximum height from 18.0 m or 4.5 storeys permitted to 18.8 m or 6 storeys proposed.

    AND THAT the applicant be required to complete the above noted conditions of Council’s approval of the

    Development Permit and Development Variance Permit Application in order for the permits to be issued;

    AND FURTHER THAT this Development Permit and 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 and responded to questions from Council.

Corey Makus.,West Point Projects Inc.,Applicant

- displayed a pp

- excited to be here

- displayed a rendering of village of differnet heights of buildings  high qualaity materials, jewel bxo loby that joins the 2 buildings.

- spoke to background of westpoint, locallly owned and invest in the city. in house property management group - retained ownership.

Mission is to help enrich the everday lives of our comunity members for years.

- traffic control signal and improvemetns to make this area safe. 

spoke to rentals that it is a lifestyle choice.   secure and safe living environment; coworking lounge taken some of best attributes and applied to his proposal.  nice compliment to the community.

- highlighted the mix of floor plans.  

182 new rental homes added to the midtown urban centre to be enrolled in the revitalzation tax exemption program

- PROJECT HIGHTLIGHTS - from  PP

DVP 1 Site coverage area is proposed from the zoning max of 75% DVP reduce the commercial frontage.

- Ste coverage variance - created an outdoor garden, over half an acre of community space.  3 baseball fields for people to recreate.  

- commercial frontage - is Springfield road, reduce commercial frontage - to create safe trasnportation coridor eliminate access from Springfireld road.  theatre room pool table room

Connection to street and diversity of homes is a reasonable variance request. 

great anchor to midtown centre,

- Responded to questions from Council.

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 online or in the gallery came forward.

There were no further comments.

  • Moved ByCouncillor DeHart
    Seconded ByCouncillor Hodge

    THAT final adoption of the Official Community Plan Amendment Bylaw No. BL12269 and Rezoning Bylaw No. 12270 be considered by Council;

    AND THAT Council authorize the issuance of Development Permit No. DP21-0194 for Lot 1 District Lot 129 ODYD Plan KAP47562, located at 1994 Springfield 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. DVP21-0195 for Lot 1 District Lot 129 ODYD Plan KAP47562, located at 1994 Springfield Road, Kelowna, BC;

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

    Section 14.4.5(b): C4 – Urban Centre Commercial, Development Regulations

    To vary the site coverage requirements from 75% permitted to 88% proposed.

    Section 14.4.6(e): C4 – Urban Centre Commercial, Other Regulations

    To vary the total functional commercial space requirements from 90% required to 15% proposed on Springfield Road and from 90% required to 10% proposed on Ambrosi Road.

    AND FURTHER THAT this Development Permit and 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 and responded to questions from Council.

Jason Marzinzik, Applicant

- property is  very unique, 

- Spoke to the development process timeline working on this since 2003 to date.  

- Get notes from PP

- spoke to rezoning in 2007 downgraded zoning form rm5 to ru6

- 2014 to 2017 completed purchase of a portion of the back lane in order to facilitate consteurction aof acarriage house with approriate setbacks. 

- Spoke to variances.

spoke to proposed development, carriage house at the back of porperty measured to the midpoiknt of the roof.  will require 2 variances, one height variance from 4.8 to 6.65 m want to keep at minium as Im on a flood plain, 

- spoke to site context surrounded by 4 tory apartment cpmplees on three sides - commercial businesses are located to the south west and several residential houses to the west.

- Displayed a photo of his home on sutherland 

view from rowclift avenue, all access is of  the back of the alley. 

consultation spoke with the Continental Manor 

- 2017 photo of flooding that occurs in this area from Mill Creek from RDCO flood mitigation guide.

- showed photo of business in the area of this home. 

- newly constructed multi use pathway to access downtown on bicycles. reduced parking along sutherland and frontage of his home.

- spoke to history of flooding - important for him to mitigate flood issues to his home.  recommendations from RDCO flood mitiigation guide is to put higher level infill. would greatly help him mitigate flood issues.

bylaws have changed and has changed his approach many times.

- history of flooding in my area.  being able to bvuild carriage house above flood plaikn it will flood proof my property, structures will be protected from future flood events.  chose contemp.

- homelessness and crime has increased.

- no neighbour concerns or objections to my variance requests.

- Responded to questions from Council.

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 online or in the gallery came forward.

There were no further comments.

Given - Move alternate recommendation.

  • THAT Council NOT authorize the issuance of Development Variance Permit No. DVP21-0198 for Lot A District Lot 139 ODYD Plan EPP73205, located at 508 Sutherland Avenue, Kelowna, BC.



  • ALTERNATE
    Moved ByCouncillor Given
    Seconded ByCouncillor Hodge

    THAT Council authorizes the issuance of Development Variance Permit No. DVP21-0198 for for Lot A District Lot 139 ODYD Plan EPP73205, located at 508 Sutherland Avenue, Kelowna, BC;

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

    Section 9.5b.1(f): Carriage House Regulations, Development Regulations in Residential, Health District and Comprehensive Development Zones

                    To vary the maximum upper floor area from 75% permitted to 100.4% proposed.

    Section 9.5b.1(g): Carriage House Regulations, Development Regulations in Residential, Health District and Comprehensive Development Zones

                    To vary the maximum height of a carriage house from 4.8m permitted to 6.65m 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 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 online or in the gallery came forward.

There were no further comments.

 

  • Moved ByCouncillor Given
    Seconded ByCouncillor DeHart

    THAT Council authorizes the issuance of Development Variance Permit No. DVP21-0158 for Lot 8, District Lot 167, Osoyoos Division Yale District, Plan KAP70756, located at 4574 Fuller Road, Kelowna, BC;

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

    Section 6.11.1: General Development Regulations – Okanagan Lake Sight Lines

    To vary the Okanagan Lake Sight Line regulation from 60 degrees permitted to 8 degrees proposed along the south side;

    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
  • Moved ByCouncillor DeHart
    Seconded ByCouncillor Stack

    THAT Bylaw No. 12269 be adopted.



    Carried
  • Moved ByCouncillor DeHart
    Seconded ByCouncillor Stack

    THAT Bylaw No.12270 be adopted.



    Carried

Nil.

thoughts to those affected to those affected byh floods

The meeting was declared terminated at 9:38  pm

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