City of Kelowna

Meeting #:

Date:

Tuesday, July 26, 2022

Time:

7:00 P.m. - 7:00 P.m.

Location:

Council Chamber

City Hall, 1435 Water Street

Members Present

• Mayor Colin Basran, 
• Councillor Maxine DeHart, 
• Councillor Ryan Donn, 
• Councillor Charlie Hodge, 
• Councillor Brad Sieben, 
• Councillor Mohini Singh, 
• Councillor Luke Stack, 
• Councillor Loyal Wooldridge, 
• City Clerk, Stephen Fleming, 
• Legislative Coordinator (Confidential), 
• and Doug Gilchrist

Members Absent

• Councillor Gail Given

---

1.

Call to Order

Mayor Basran called the meeting to order at 9:33 p.m.

2.

Reaffirmation of Oath of Office

The Oath of Office was read by Councillor Hodge.

3.

Confirmation of Minutes

• Moved By Councillor Wooldridge
  Seconded By Councillor Hodge

  THAT the Minutes of the Public Hearing and Regular Meeting of  July 12, 2022 be confirmed as circulated.​

  
  
  
  Carried

4.

Liquor License Application Reports

4.1

START TIME 7:00 PM - Finns Rd 663-671 - LL22-0005 - Su-Mar Investments Ltd., Inc.No. 154934

Staff:

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

  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.

Gallery:

Lisa Simone, Babke Rd

-In support of the application.

There were no further comments.

• Moved By Councillor Hodge
  Seconded By Councillor Wooldridge

  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 Brandon Loughery for a liquor primary license for Lot 1 Section 34 Township 26 ODYD Plan 42743, located at 663-671 Finns Rd, Kelowna, BC for the following reasons:
     • The expansion of outdoor patio area is perceived to have a minimal impact on the community and surrounding properties.
  2. Council’s comments on LCLB’s prescribed considerations are as follows:

     Criteria for license amendment:

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

        The potential for noise is minimal and would be compatible with the surrounding community as the immediate neighbourhood is mainly industrial and agriculture.

     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 the service area of an existing Liquor Primary Establishment while decreasing the overall occupancy.

        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

4.2

START TIME 7:00 PM - Vaughan Ave 109-889 - LL22-0010 -1568447 Alberta Ltd., Inc.No. A0093042

Moved BY Wooldridge Seconded BY DeHart to defer to the next meeting Carried

5.

Development Permit and Development Variance Permit Reports

 

5.1

START TIME 7:00 PM - Doyle Ave 350 - BL12286 (Z21-0061) - City of Kelowna

• Moved By Councillor Stack
  Seconded By Councillor Sieben

  THAT Bylaw No. 12286 be adopted.

  
  
  
  Carried

5.2

START TIME 7:00 PM - Doyle Ave 350 - Land Disposition Summary

Staff:

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

• Moved By Councillor Donn
  Seconded By Councillor Wooldridge

  THAT Council receives, for information, the report from Real Estate department dated July 26, 2022, with respect to a summary of the long-term lease and redevelopment opportunity associated with 350 Doyle Avenue;

   

  AND THAT, in the event Council approves DP21-0136 and DVP21-0137, Council authorizes Staff to amend any legal agreements associated with the long-term lease of 350 Doyle Avenue as required to issue the permits associated with DP21-0136 and DVP21-0137.

  
  
  
  Carried

5.3

START TIME 7:00 PM - Doyle Ave 350 - DP21-0136 DVP21-0137 - City of Kelowna

Staff:

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

Greg Apelt, LAkeshore  Applicant 

XXX?

-Displayed a PowerPoint presentation outlining the application.

-Spoke to the public consultation process.

-Spoke to the rental market and the need for more units.

-Spoke to 10% of units being affordable not to exceed the standard measure - 30% of household income.

-Spoke to the parking being provided.

-Spoke to the height and floor plate variances being sought.

-Spoke to bicycle parking.

-Spoke to the form and character of the building.

-Spoke to the views from the building.

-Spoke to the the concept plan for the Kelowna Art Walk extension having extensive public engagement.

-Displayed a video showing the intended look of the art walk extension.

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.

Gallery:

Lisa Simone, Babke Rd

-Concerned about process and making the bidding process equal.

-Concerned with only 10% being affordable

Hal Vatney, Ellis St

-Concerned with the bidding process being fair with the increase in storeys.

-In opposition to the variances.

Consider the cancellation of the process.

Kate Cartier, Curly Dr

-Concerned with housing affordability.

-In support of the project

Lane Merryfield, Sunset Dr

-Spoke to their involvement in the tech sector.

-Spoke to the petition from the tech community in the immediate area at the Innovation Centre amenities.

-Support the existing design protecting the balcony.

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-Spoke to the rental market for students.

-Supports the project and its impact on student housing.

- Spoke to the lack of affordable student housing needing community based solutions such as this project.

Brad Huston, Rutland

-Spoke to teh Innovation Centre being a beacon foe tech in the community.

-Spoke to the opportunity to create a hub with synergies

Blake Roberts, Denali Dr

-Spoke to the height and consistency of surrounding buildings.

Les Bellamy, Ellis St

-Opposed to the development.

-Concerned with the height of the proposed building in relation to surrounding low and mid rise buildings.

-Spoke to the RFP process.

Jackson Hicks, Viewcrest Ct

-Spoke to the need for student housing.

-Supports the development.

Onya Jones Bubek St

-Supports the development

-Concerned there needs to be more housing options.

Grace Driver. Greystoke Rd

-Spoke to the need to live at home in due to the rising costs of housing.

-Supportive 

Mackenzie Carrol, Del Monte Ct

-Supportive of the application.

-Concerned with housing and interested in access to affordable 

Councillor SIeben/ DeHart motion to go past 11PM Carried

Diane Campney, EIllis St

-Opposed to the development due to the RFP process followed.

-Concerned with height due to proximity to lake.

-IN support of the design.

Ben Kriebishin, Arbourdrew Dr

-Supports the application

-Concerned about housing and look forward to affordable student housing.

-Spoke to the project being an attraction making the comunity more artisitically and culturaly ricjh.     

Geoff Keen, Lake Country

-Congratulated the UBCO decision.

-Supportive of the application.

-Spoke to the tech sector and impact on the community.

-Spoke to the Innovation Centre and impact on the community.   

Helix Jones, XXX Rd

-Commented on the difficulty to find affordable housing.

-Supportive of the development and the impact on the community.

Lorna McFarland, Tulameen

- Alternator Gallery, artisitic director

- Spoke to the innovative partnership.

-Supportive of the application.

Max Mandledrome, Ellis

-Opposed to the application.

-Concerned with the number of affordable units.

-Concerned with the height

Brett Mark, Lekie Ct

-Supportive of the application

ROman Woods, Lambert Ave

-Supportive of the application and the affordable housing.

Online:

Makayla Gough, Sherwood Rd

-Supports the development

-Spoke to the difficulty in finding affordable rental housing.

-Spoke to their music career as a professional artist.

Raghwa Gopal, Abbotview Dr

-Supports the application.

-Spoke to the tech sector and the benefits to the community.

-Spoke to the Innovation Centre and the role it has played in the tech sectors growth.

-Spoke to the landmark being the Innovation Centre being a community hub for the tech sector.

Trevor Butler, Campus Ct

-Supports the development.

-Spoke to the Innovation Centre and the impact it has on the community.

-Spoke to the Halifax public library in comparison on the impact to the community.

-Innovation Centre is a key space for the community.

Saul Goodman, not able to speak as mike is not working

OR

Applicant in response

-There will be 25 units of affordable housing.

-Spoke to the extensive public consultation.

Staff responded to questions from Council.

There were no further comments.

• opposed - Councillor Hodge, Singh
  Moved By Councillor Sieben
  Seconded By Councillor Donn

  THAT final adoption of Rezoning Bylaw No. 12286 be considered by Council;

  AND THAT Council authorizes the issuance of Development Permit No. DP21-0136 for Lot C District Lot 139 Osoyoos Division Yale District Plan EPP95954, located at 350 Doyle Ave, 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. DVP21-0137 for Lot C District Lot 139 Osoyoos Division Yale District Plan EPP95954, located at 350 Doyle Ave, Kelowna, BC;

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

  Section 14.7.5(a): C7 – Central Business Commercial Development Regulations

  To vary the maximum allowable height from 40.0 m / 13 storeys permitted to 81.9 m / 25 storeys proposed.

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

  To vary the minimum separation distance where adjacent buildings are above 22.0 m in height on the same block from 25.0 m required to 13.9 m proposed.

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

  To vary the maximum tower floor plate situated above 9.0 m in height but below 22.0 m in height from 1,221.0 m² permitted to 2,105 m² proposed.

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

  To vary the maximum tower floor plate above 22.0 m in height from 676.0 m² permitted to 803 m² proposed.

  Table 8.5: Section 8 – Parking and Loading - Off-Street Bicycle Parking

  To vary the minimum short-term bicycle parking from 72 required to 10 stalls 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 Applications 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.

  AND THAT an Affordbale Housing Agrrement BYlaw be completed to ensure th eaffordable housing.

  
  
  
  

5.4

START TIME 8:00 PM - Wardlaw Ave 640 - BL12345 (Z21-0077) - Innascore Developments Inc., Inc. No. BC1161787

Moved by COuncillor Sieben/Seconded BY COuncillor SIngh to defer 

Carried

5.5

START TIME 8:00 PM - Wardlaw Ave 640 - DP21-0190 DVP21-0191 - Innascore Development INC., INC.NO. BC1161787

5.6

START TIME 8:00 PM - Raymer Ave 1150 - DVP22-0061 - Robert Clerke and Donna Clerke

Staff:

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

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 indicated they wished to speak.

There were no further comments.

• Moved By Councillor Wooldridge
  Seconded By Councillor DeHart

  THAT Council authorizes the issuance of Development Variance Permit No. DVP22-0061 for Lot 2 District Lot 135 ODYD Plan 10079, located at 1150 Raymer Avenue, Kelowna, BC;

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

  Section 6.5.3(a): Accessory Buildings in Residential Zones Development Regulations

  To vary the maximum site coverage for accessory buildings from 14% with a footprint 90 m² permitted to 7.66% with a footprint 106.84 m² 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

5.7

START TIME 8:00 PM - Abbott St 2735-2757 - DVP22-0071 - Various Owners

Staff:

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

Birte Decloux, Urban Options,  Applicant's Agent 

-Displayed a PowerPoint presentation outlining the variance application.

-Spoke to the finishing to the parking pad. Confirmed no trees will be lost.

-Reviewed the site lines and safety.

-Reviewed urban standards for multifamily development.

-Confirmed the support of the neighbouring properties.

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 indicated they wished to speak.

There were no further comments.

• THAT Council NOT authorize the issuance of Development Variance Permit No. DVP22-0071 from properties identified in “Schedule A,” located at 2735 – 2757 Abbott St, Kelowna, BC.

  
  
  
  
• ALTERNATE
  Moved By Councillor Sieben
  Seconded By Councillor Hodge

  THAT Council authorize the issuance of Development Variance Permit No. DVP22-0071 from properties identified in ‘Schedule A’, located at 2735 – 2757 Abbott St, Kelowna, BC

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

  Section 8.2.3 – General Provisions and Development Standards:

  To vary the parking stall setback requirement from the required 1.5 metre setback to 0.52 metres

  Section 7.6.1(c) Minimum Landscape Buffers

  To vary a portion of the minimum landscape buffer requirement of 3.0m to 0.0m.

  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

6.

Reminders

There were no reminders.

7.

Termination

The meeting was declared terminated at 12:26 p.m.