City of Kelowna

Regular Council Meeting

Minutes

Meeting #:
Date:	Monday, May 09, 2022
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, 
• Councillor Loyal Wooldridge, 
• City Clerk, Stephen Fleming, 
• Council Recording Secretary, Arlene McClelland, 
• and Doug Gilchrist

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1.

Call to Order

Mayor Basran called the meeting to order at 1:33 p.m.

I would like to acknowledge that we are gathered today on the traditional, ancestral, unceded territory of the syilx/Okanagan people.

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

Mayor Basran made comments on a few announcments for our community highlight this councils efforts getting Province more engatged with public safety

Prolific offenders, reform and complex care needs the province in taking our concerns seriously.  encouraged Proinvical govt is listening as to what we have provided.  

Made statements regarding good work going on with BC Urban Mayors caucus, Provincial level is listening and implementing changes.

2.

Confirmation of Minutes

• Moved By Councillor Hodge
  Seconded By Councillor Wooldridge

  THAT the Minutes of the Regular Meeting of May 2, 2022 be confirmed as circulated.​

  
  
  
  Carried

3.

Development Application Reports & Related Bylaws

3.1

Hwy 33 W 590 - TA22-0001 Z22-0011 - 0838239 BC Ltd Inc No BC0838239

Councillor Sieben declared a conflict of interest as his employer provides insurance services to the applicant and various business and departed the meeting at 1:36 p.m.

Staff:

- Displayed a PowerPoint Presentation summarizing the application and rationale for non-support and responded to questions from Council.

Mathew Dober, Applicant Beford Lane

- Displayed a PowerPoint Presentation.

- President of FLORA

- Spoke to owner Argent Diversified and the investments in more than 15 local businesses which employs more than 200 local residents.

-Spoke to Cannabis Public Policy Flora operates three retail cannabis store (get from Slide)

- Made comment on a lengthy letter of rationale that was sent to the City.

- Spoke to role City of Kelowna and policy objectives. 

-  there is a 500 m rule but willingness to consider site specific instances.

- Questioned what the public harm is created by a cluster of stores and believes their location does not create a cluster of stores

- Note that this is the highest residential density per store in all of Kelowna; Provided a rresidential density analysis.

- Made comment on the 2040 Official Community Plan Rutland Urban Centre.

- Spoke to the application history of our proposed location.

- Responded to questions from Council.

Staff:

- Responded to questions from Council.

Hodge - Opposed

Stack - Support Non Support - review of policy from staff should come first prior to further applications.

Singh - Support Non Support

DeHart - Support Non Support

Wooldridge - Support Non Support

Stack - Support Non support

Mayor Basran - Opposed

• Moved By Councillor Stack
  Seconded By Councillor DeHart

  THAT Zoning Bylaw Text Amendment Application No. TA21-0001 to amend City of Kelowna Zoning Bylaw No. 8000 as outlined in the Report from the Development Planning Department dated May 9, 2022 for Lot B Sections 26 and 27 Township 26 Osoyoos Division Yale District Plan 30302 located at 590 Hwy 33 W, NOT be considered by Council.

  AND FURTHER THAT Rezoning Application No. Z22-0011 to amend the City of Kelowna Zoning Bylaw No. 8000 by changing the zoning classification of Lot B Sections 26 and 27 Township 26 Osoyoos Division Yale District Plan 30302, located at 590 Hwy 33 W, Kelowna, BC from the C4rls – Urban Centre Commercial (Retail Liquor Sales) zone to the C4rls/rcs – Urban Centre Commercial (Retail Liquor Sales/Retail Cannabis Sales) zone NOT be considered by Council.

  
  
  
  Carried
• THAT Zoning Bylaw Text Amendment Application No. TA22-0001 to amend City of Kelowna Zoning Bylaw No.8000 as outlined in the Report from the Development Planning Department dated May 9, 2022 for Lot B Sections 26 and 27 Township 26 Osoyoos Division Yale District Plan 30302 located at 590 Hwy 33 W, Kelowna, BC be considered by Council;

  AND THAT Rezoning Application No. Z22-0011 to amend the City of Kelowna Zoning Bylaw No. 8000 by changing the zoning classification of Lot B Sections 26 and 27 Township 26 Osoyoos Division Yale District Plan 30302, located at 590 Hwy 33 W, Kelowna, BC from the C4rls – Urban Centre Commercial (Retail Liquor Sales) zone to the C4rls/rcs – Urban Centre Commercial (Retail Liquor Sales/Retail Cannabis Sales) zone, be considered by Council;

  AND THAT the Zoning Bylaw Text Amending Bylaw and Rezoning Bylaw be forwarded to a Public Hearing for further consideration;

  AND THAT if the Rezoning Bylaw is adopted, Council direct Staff to send a recommendation to the Provincial Liquor and Cannabis Regulation Branch that they support issuance of a non-medical cannabis retail store license for this legal lot with the following comments:

  • The proposed store location meets local government bylaw requirements and as such, no negative impact is anticipated;
  • The views of the residents were captured during a public hearing process for the rezoning of the property and Council meeting minutes summarizing those views are attached; and
  • Local government recommends that the application be approved because of the compliance with local regulations and policies.

  AND FURTHER THAT final adoption of the Zoning Bylaw Text Amending Bylaw and Rezoning Bylaw be considered subsequent to the approval of the Ministry of Transportation and Infrastructure.

  
  
  
  

3.2

Steele Rd 1450 - OCP22-0004 (BL12376) Z21-0094 (BL12377) - Mair Developments Ltd., Inc. No. BC0753083

Councillor Sieben returned to the meeting at 2:10 p.m.

Staff:

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

Hodge - issue is wetland

• Moved By Councillor Given
  Seconded By Councillor Singh

  THAT Official Community Plan Map Amendment Application No. OCP22-0004 to amend Map 3.1 in the Kelowna 2040 – Official Community Plan Bylaw No. 12300 by changing the Future Land Use designation of portions of Lot A, Sections 20 and 29, Township 29, SDYD, Plan KAP44335 Except Plans KAP92565, EPP23066,. EPP31364, EPP51781, EPP72348, EPP82001, and EPP100536, located at 1450 Steele Road, Kelowna, BC from the NAT – Natural Areas and S-RES – Suburban Residential designations to the NAT – Natural Areas and S-RES – Suburban Residential designations, as shown on Map “A” attached to the Report from the Development Planning Department dated May 9, 2022, be considered by Council;

  AND THAT the Official Community Plan Map Amending Bylaw be forwarded to a Public Hearing for further consideration;

  AND THAT Council considers the Public Consultation process to be appropriate consultation for the Purpose of Section 475 of the Local Government Act, as outlined in the Report from the Development Planning Department dated May 9, 2022;

  AND THAT Rezoning Application No. Z21-0094 to amend the City of Kelowna Zoning Bylaw No. 8000 by changing the zoning classification of portions of Lot A, Sections 20 and 29, SDYD, Plan KAP44335 Except Plans KAP92565, EPP23066, EPP31364, EPP51781, EPP72348, EPP82001, and EPP100536, located at 1450 Steele Road, Kelowna, BC, from the A1 – Agriculture 1 zone to the RU2h – Medium Lot Housing (Hillside Area) zone and the P3 – Parks and Open Space zone as shown on Map “B” attached to the Report from the Development Planning Department dated May 9, 2022, be considered by Council;

  AND THAT the Rezoning Bylaw be forwarded to a Public Hearing for further consideration;

  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

3.3

Steele Rd 1450 - BL12376 (OCP22-0004) - Mair Developments Ltd., Inc. No. BC0753083

• Moved By Councillor Wooldridge
  Seconded By Councillor Singh

  THAT Bylaw No. 12376 be read a first time.

   

  financial plan and easte mangement plan

  
  
  
  Carried

3.4

Steele Rd 1450 - BL12377 (Z21-0094) - Mair Developments Ltd., Inc. No. BC0753083

• Moved By Councillor Singh
  Seconded By Councillor Wooldridge

  THAT Bylaw No. 12377 be read a first time.

  
  
  
  Carried

3.5

St Paul St 1405 - Z21-0011 (BL12371) - Abacio Properties Ltd

Staff:

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

• Moved By Councillor Stack
  Seconded By Councillor Given

  THAT Rezoning Application No. Z21-0011 to amend the City of Kelowna Zoning Bylaw No. 8000 by changing the zoning classification of Lot A District Lot 139 ODYD Plan 25942, located at 1405 St Paul St, Kelowna, BC from the C4 – Urban Centre Commercial zone to the C7 – Central Business Commercial zone be considered by Council;

  AND THAT final adoption of the Rezoning Bylaw be considered subsequent to the outstanding conditions of approval as set out in Attachment “A” attached to the Report from the Development Planning Department dated May 9, 2022;

  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 Permit and Development Variance Permit for the subject property.

  
  
  
  Carried

4.

Non-Development Reports & Related Bylaws

4.6

Southeast Kelowna Golf Course Irrigation Rates

Staff:

- Displayed a PowerPoint Presentation summarizing the proposed Southeast Kelowna Golf Course Irrigation Rates and responded to questions from Council.

Sieben - Opposed - would like to defer for staff to have more conversations with golf courses impacted. Numbers are ok but do not like that applicants were given such short notice. Communication has been poor. 

Singh - should let applicants know in advance when rates will be changing.

Hodge - Opposed - would like to defer for staff to have more dialogue with golf courses impacted.

Mayor - what would a deferral achieve?  Phasing is fair, lowest cost in terms of value.

Given - See no advantage or value to deferring this.  

Opposed - sieeben dehart hodge singh

• Moved By Councillor Given
  Seconded By Councillor Donn

  THAT Council receives for information, the report from Utility Services dated May 09, 2022, with respect to the Water Regulation Bylaw update;

  AND THAT Bylaw No. 12367 being amendment #16 to Water Regulation Bylaw No. 10480 be forwarded to Council for reading consideration.

  
  
  
  Carried

3.

Development Application Reports & Related Bylaws

3.6

Guy St 945 - TA22-0010 (BL12372) - Tolko Industries Ltd. Inc.No, A0066883

Staff:

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

• Moved By Councillor Stack
  Seconded By Councillor Sieben

  THAT Zoning Bylaw Text Amendment Application No. TA22-0010 to amend City of Kelowna Zoning Bylaw No. 8000 as outlined in the Schedule “A” attached to the report from the Development Planning Department dated May 9, 2022, for Lot A District Lot 9 ODYD Plan 39328, located at 945 Guy Street be considered by Council;

  AND THAT the Zoning Bylaw Text Amending Bylaw be forwarded to a Public Hearing for further consideration.

  
  
  
  Carried

3.7

Guy St 945 - BL12372 (TA22-0010) - Tolko Industries Ltd. Inc.No, A0066883

• Moved By Councillor Wooldridge
  Seconded By Councillor Singh

  THAT Bylaw No. 12372 be read a first time.

  
  
  
  Carried

3.8

Pasadena Rd 1290 - Z22-0015 (BL12373) - Laul Real Estate Group Inc., Inc.No. BC1259351

Staff:

- Displayed a PowerPoint Presentation summarizing the application.

• Moved By Councillor Hodge
  Seconded By Councillor Sieben

  THAT Rezoning Application No. Z22-0015 to amend the City of Kelowna Zoning Bylaw No. 8000 by changing the zoning classification of Lot 1 Section 14 Township 26 ODYD Plan 19639, located at 1290 Pasadena Road, Kelowna, BC from the RU1 – Large Lot Housing zone to the RU6 – Two Dwelling Housing zone, be considered by Council;

  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 May 9^th, 2022.

  
  
  
  Carried

3.9

Supplemental Report - Ellis St 1070-1130 - Z21-0108 (BL12362) - Waterscapes Homes Ltd., Inc. No. BC0767408

• Moved By Councillor Donn
  Seconded By Councillor Given

  THAT Council receives, for information, the report from the Office of the City Clerk dated May 9, 2022

  with respect to Zoning Bylaw No. 12362;

  AND THAT Rezoning Bylaw No.12362 be forwarded for further reading consideration.

  
  
  
  Carried

3.10

Ellis St 1070-1130 - BL12362 (Z21-0108) - Waterscapes Homes Ltd., Inc.No. BC0767408

• Moved By Councillor Sieben
  Seconded By Councillor Stack

  THAT Bylaw No. 12362 be read a first, second and third time.

  
  
  
  Carried

4.

Non-Development Reports & Related Bylaws

4.1

Proposed Amendments to Second Residences in the ALR

Staff:

- Displayed a PowerPoint Presentation summarizing the proposed amendments to Second Residences in the ALR and responded to questions from Council.

** Amend motion, to include "Option 2, as outlined in the report" 

• Moved By Councillor Given
  Seconded By Councillor Wooldridge

  THAT Council receives, for information, the report from the Development Planning Department dated May 9, 2022, with respect to amending the Official Community Plan and Zoning Bylaw to allow for second residences on properties in the Agricultural Land Reserve;

  AND FURTHER THAT Council direct staff to bring forth changes to the 2040 Official Community Plan Bylaw No. 12300 and Zoning Bylaw No. 8000, for Option 2, as outlined in the report from the Development Planning Department dated May 9, 2022.

  
  
  
  Carried

4.2

Audit Committee Meeting Review for 2021

Hodge - ALC province should know that City does not approve of what they've done.

Staff:

- Displayed a PowerPoint Presentation providing a high level review of information provided to the Audit Committee.

• Moved By Councillor DeHart
  Seconded By Councillor Wooldridge

  THAT Council receives, for information, the report of the Audit Committee dated May 9, 2022, with respect to the 2022 Audit Committee Meeting Review.

  
  
  
  Carried

4.3

2021 Consolidated Financial Statements

Staff:

- Displayed a PowerPoint Presentation presenting the 2021 Consolidated Financial Statements and responded to questions from Council.

• Moved By Councillor Wooldridge
  Seconded By Councillor Donn

  THAT Council receives, for information, the Report from the Audit Committee dated May 10, 2021 with respect to the Consolidated Financial Statements and Auditor’s Report for the City of Kelowna for the year ending December 31, 2020;

  AND THAT Council approves the appropriation of $8,955,028 of surplus generated from all general fund operations in 2020 to reserves and accumulated surplus as detailed in the Report from the Audit Committee dated May 10, 2021;

  AND FURTHER THAT the Consolidated Financial Statements and Auditor’s Report be reprinted in and form part of the City of Kelowna’s annual report.

  
  
  
  Carried
• THAT Council receives, for information, the Report from the Audit Committee dated May 9, 2022 with respect to the Consolidated Financial Statements and Auditor’s Report for the City of Kelowna for the year ending December 31, 2021;

  AND THAT Council approves the appropriation of $8,786,918 of surplus generated from all general fund operations in 2021 to reserves and accumulated surplus as detailed in the Report from the Audit Committee dated May 9, 2022;

  AND FURTHER THAT the Consolidated Financial Statements and Auditor’s Report be reprinted in and form part of the City of Kelowna’s annual report.

  
  
  
  

4.4

Downtown Kelowna Association 2022 Tax Rate Amendment

Staff:

- Displayed a PowerPoint Presentation summarizing the proposed Tax Rate amendment.

• Moved By Councillor Given
  Seconded By Councillor Hodge

  THAT Council approves an amendment to the Annual Tax Rates Bylaw, 2022 Bylaw No. 12340 to change the 2022 tax rate for Class 5 light industry and Class 6 business/other for the Downtown Business Improvement Area from 1.2486 to 1.1604; 

  AND THAT Bylaw No. 12387, being Amendment No. 1 to 2022 Tax Rate Bylaw No. 12340 be forwarded for consideration.

  
  
  
  Carried

4.5

BL12387 - Amendment No. 1 to 2022 Tax Rate Bylaw

• Moved By Councillor Stack
  Seconded By Councillor Sieben

  THAT Bylaw No. 12387 be read a first, second and third time.

  
  
  
  Carried

4.7

BL12367 - Amendment No. 16 to the Water Regulation Bylaw No. 10480

Opposed - sieben hodge

• Moved By Councillor Singh
  Seconded By Councillor Stack

  THAT Bylaw No. 12367 be read a first, second and third time.

  
  
  
  Carried

4.8

Central Okanagan Journey Home Society - Mid-Strategy Review Report

The meeting recessed at 4:06 p.m.

The meeting reconvened at 4:15 p.m.

Staff:

- Provided opening remarks.

- Introduced Stephanie Gauthier, Executive Director,

Stephanie Gauthier, Executive Director, Mitch DeCock, Data Specialist and Dr. Saran Mallinson, System Planner

- Displayed a PowerPoint Presentation summarizing the Mid0Term Journey Home Strategy Report and responded to questions from Council.

- Advised there will be quarterly reports internally with City Council.

• Moved By Councillor Wooldridge
  Seconded By Councillor Hodge

  THAT Council receives, for information, the report from Active Living and Culture dated May 9, 2022, introducing the Journey Home Strategy Mid-Term Report that provides an overview of the Journey Home Strategy implementation progress and updated priorities.

  
  
  
  Carried

6.

Termination

This meeting was declared terminated at 547 pm