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 Mohini Singh
  • Councillor Luke Stack
  • Councillor Loyal Wooldridge
Members Absent
  • Councillor Brad Sieben
Staff Present
  • City Clerk, Stephen Fleming
  • Legislative Coordinator (Confidential)
  • Doug Gilchrist
  • Laura Bentley, Deputy City Clerk

Mayor Basran called the meeting to order at 6:15 p.m.

  • Moved ByCouncillor Wooldridge
    Seconded ByCouncillor Hodge

    THAT the Minutes of the Public Hearing Meeting of April 6, 2021 be confirmed as circulated.​



    Carried

Staff:

- Displayed a PowerPoint Presentation summarizing the application.

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

Dillian Crema, Clement Ave,  Applicant,

Bruce McKay, Darin Place,  Partner

-Provided a background to the proposed brewery.

-Spoke to the size of the proposed establishment.

- Spoke to the branding and clientele.

- Spoke to the excitement of being in the neighbourhood with other breweries.

No one participating online indicated they wished to speak.

  • Moved ByCouncillor DeHart
    Seconded ByCouncillor Donn

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

    In accordance with Section 71 of the Liquor Control and Licensing Regulation and Council Policy 359, BE IT RESOLVED THAT:

    1. Council recommends support of an application from The Office Brewery Corp. for a manufacturer lounge endorsement area for Strata Lot 19 Section 30 Township 26 ODYD Plan EPS7283 together with an interest in the common property in proportion to the unit entitlement of the strata lot as shown on form V located at Unit 301, 890 Clement Avenue, Kelowna, BC for the following:
      1. 9:00 am to 11:00 pm Sunday to Thursday for indoor service areas;
      2. 9:00 am to midnight Friday and Saturday for indoor service areas.
      3. 9:00 am to 10:00 pm daily for the outdoor patio service area.

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

        a. The location of the lounge endorsement area: The brewery is located on an industrial property which consists of three separate buildings. The business is located in the eastern-most building which fronts onto Clement Ave. The property is east of the City Centre Urban Centre on a 4-lane arterial roadway;

        b. The proximity of the establishment to other social or recreational facilities and public

        buildings: The north-end industrial area is becoming a destination with it being home to a number of small-scale wineries, cideries and breweries. The area is within walking distance of the downtown City Centre Urban Centre, it is close to the Rail Trail and the Ethel Street Active Transportation Corridor (ATC).

        The site is within walking distance to multiple recreation facilities which includes Elks Stadium Ballpark, the Curling Club, and the Kelowna Badminton Club.

        Earlier this year, a lounge endorsement area for another brewery was approved on the subject site. This would be the second small capacity lounge with an outdoor patio on the site.

        c. The person capacity and hours of liquor service of the establishment: The business proposes a total capacity of 89 persons as follows: Main Floor – 27 persons, Mezzanine – 30 persons, Outdoor Patio – 32 persons;

        d. Traffic, noise, parking and zoning: The brewery is proposed in an industrial area adjacent to Clement Avenue, a 4-lane arterial roadway. The south side of Clement is primarily single-family dwellings with a small amount of multi-family residential. Any impacts of traffic, parking and associated noise already exist due to the industrial nature of the area on the north side of Clement Ave and the proximity to Clement Avenue. To minimize additional noise the outdoor patio would close at 10:00 pm nightly;

        e. The impact on the community if the application is approved: The negative impact the business poses is considered minimal due to the existing nature of the area. The brewery would aide in activating the Clement Streetscape beyond the hours of a standard workday.

        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

Staff:

- Displayed a PowerPoint Presentation summarizing the application.

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

Birte Decloux, Urban Options, Applicant,

Available for questions.

No one participating online indicated they wished to speak.

  • Moved ByCouncillor Donn
    Seconded ByCouncillor Stack

    THAT Council authorizes the issuance of Development Variance Permit No. DVP20-0214 for Lot 4 Section 30 Township 26 ODYD Plan 8373, located at 758 Walrod Street, Kelowna, BC;

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

    Section 13.6.6(g): RU6 – Two Dwelling Housing, Development Regulations

    To vary the side yard setback from a flanking street from 4.5m required to 3.24m proposed.

    Section 13.6.6(g)(i): RU6 – Two Dwelling Housing, Development Regulations

    To vary the side yard setback from a garage off a flanking street from 6.0m required to 3.91m 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.

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

Birte Decloux, Urban Options, Applicant,

- Displayed a PowerPoint presentation providing an overview of the application.

No one participating online indicated they wished to speak.

  • Moved ByCouncillor Wooldridge
    Seconded ByCouncillor Donn

    THAT Council authorizes the issuance of Development Variance Permit No. DVP21-0031 for Lot 19 Section 31 Township 29 ODYD Plan EPP94940, located at 4303 Ladd Court, Kelowna, B.C.;

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

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

    To vary the front yard setback from 6.0m required to 3.0m proposed.

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

    To vary the side yard setback from 2.3m required to 1.5m proposed.

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

    To vary the rear yard setback from 7.5m required to 6.0m 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

Councillor DeHart declared a conflict of interest based on her employer being in direct competition with the proposed application.

Staff:

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

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

Birte Decloux, Urban Options, Lee Simon, Kim Fuller, Applicant's agent

- Displayed a PowerPoint presentation presenting the proposed application.

- Provided a concept overview of the music hall, urban ballroom and cafe.

- Spoke to the extensive experience of the applicant.

- Spoke to the alignment of the application with the cultural plan of the City.

- spoke to the close proximity of municipal parkades and Queensway bus loop.

- Review the details of the facility.

- Spoke to the design inspiration. 

Responded to questions from Council.

- Reviewed the noise mitigation strategy.

- Confirmed there will be no rooftop patio.

- Confirmed that there is only the elevator housing only at the rooftop level.

- Outlined the good neighbour agreement being offered to adjacent neighbours.

Lee Simon

Confirmed ....

Online Participants:

Soren Stenback, McIntosh Rd

- Concerned with workers in the zoning area during COVID pandemic

Hazel Christie, representing the Madison Strata, 1383 Ellis Street.

- Presented a letter of concern and highlighted the issues

- Scale and intensity of the food primary use at the location.

- Concern with lack of clarity on the Liquor application.

- Concern with the scale and intensity of the operation of the proposed facility.

George Tozer, Guichigan Road

- Supports the project and variances

- In the cultural district and a co

Lloyd Peterson, 504 Doyle Avenue, Strata KAS 3731

- Provided a PowerPoint presentation outlining residential in the area of the proposed application.

- Concern with the liquor primary

- Provided a PowerPoint presentation.

- Spoke to the laneway encroachment and loading bay of the existing building on the subject property.

- Spoke to the letters of correspondence.

- Spoke to requested covenants on the property requested regarding noise and no public access to the roof.

- Spoke to whether the venue added value to the cultural district and does it cause harm to adjacent residential.

SHeila French

- Supports the application.

- Is a music instructor at KSS and spoke to student groups who will use the facility.

- Spoke to the loss of the previous Forum facility.

- Spoke to the need for a music venue to support the community's needs for rising youth artists.

- Responded to questions from Council.

Walter Gray, 1395 Ellis Street

- Spoke to living in the cultural district in the Madison

- In favour of the application.

- Spoke to former Mayor Jim Stuart developing the cultural district

- Spoke to little buy in to date by private sector. being Actors Studio Opus and retail art shop.

Vic Pollen, 1395 Ellis Street

- Not in support of the application given the scale and use.

- Referenced the Commodore ballroom in Vancouver

- Other ballrooms are not in residential areas.

Kris Hargrace, Chriselton

- On Festivals Kelowna board,

- Supportive of the project.

Nathan Flavel, 1298 Modern palce and Owner of Kelowna Actor's Studio 

- Support the application.

- Responded to questions from Council.

- Spoke to their own loud productions being done.

- Have spoke to the applicant on working together to navigate uses.

Dorean Elliott

Unable to speak but in support of the application.

Birte Decloux, Applicant Team

- Spoke to cultural district being the appropriate place for such an application  

- Responded to questions from Council.

- Spoke to the capacity of the establishment.

Lee SImon, 

- Spoke to variations in capacity; seated standing and ballroom.

- Spoke to changes in the music industry and how the venue will support those changes (venue ladder)

Staff spoke to questions from Council.

There were no further comments...

  • Moved ByCouncillor Wooldridge
    Seconded ByCouncillor Hodge

    THAT Council authorizes the issuance of Development Permit No. DP20-0155 for Lot 8, District Lot 139 ODYD Plan 432, located at 1383 Ellis Street, 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 be constructed on the land be in accordance with Schedule “B”

    AND THAT Council authorizes the issuance of Development Variance Permit No. DVP20-0156 for Lot 8, District Lot 139 ODYD Plan 432, located 1383 Ellis Street, Kelowna, BC;

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

    Section 14.7.6(f): C7 – Central Business Commercial: Civic Precinct Development Regulations

    To vary the setback for the portion of the building above the 9.0m height mark from any property line abutting a street from 3.0m required to 0.0m proposed.

    Section 14.7.6(g): C7 – Central Business Commercial: Civic Precinct Development Regulations

    To vary the setback for the portion of the building above the 9.0m height mark from any property line abutting another property from 4.0m required to 0.0m proposed.

    Section 14.7.6(l): C7 – Central Business Commercial: Civic Precinct Development Regulations

    To allow for the portion of the building above 12.0m in height to exceed a continuous exterior horizontal dimension of 40.0m.

    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

There were no reminders.

The meeting was declared terminated at 8:49 p.m.