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 Charlie Hodge, 
  • Councillor Brad Sieben, 
  • Councillor Mohini Singh, 
  • Councillor Luke Stack, 
  • Councillor Loyal Wooldridge, 
  • City Clerk, Stephen Fleming, 
  • Council Recording Secretary, Arlene McClelland, 
  • Doug Gilchrist, 
  • and Laura Bentley
Members Absent
  • Councillor Gail Given

Mayor Basran called the meeting to order at 739

The Oath of Office was read by Councillor donn

  • Moved ByCouncillor Hodge
    Seconded ByCouncillor Wooldridge

    THAT the Minutes of the Public Hearing and Regular Meeting of June 21, 2022 be confirmed as circulated.​



    Carried

Staff:

- Displayed a PowerPoint Presentation summarizing the application..

Jennifer Turton-Molgat,  Applicant President of Winery

- Offer a very authentic experience for our guests as an estate winery and cidery

- -Responded to questions from Council. 

- Parking across from winery building on a day to day basis, angle parking for 25 vehicles.  Wide open farming area that can be used to load and unload bins, very large and can accommodate up to 25 cars in the middle of our property.  We do have parking in behind our main building.

- Not intending on hosting party events with loud music, we may have music but would be acoustic guitars, harpest, not rock band type of music.

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 participating online or in the Gallery indicated they wished to speak.

There were no further comments.

  • Moved ByCouncillor Wooldridge
    Seconded ByCouncillor Hodge

    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 Canada West Tree Fruits dba The View Winery for a special event area endorsements for Lot B Section 4 Township 26 ODYD Plan KAP78689 Except Plan KAP88849, located at 2287 Ward Rd, Kelowna, BC for the following reasons:

      • the special event area does not negatively impact farming operations.

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

      Criteria for a winery lounge or special event area endorsement:

      a. The location of the winery’s special event area endorsement: SEA 1 is in close proximity to main building. SEA 2 is near middle of the site. SEA 3 overlaps the Picnic Endorsement Area adjacent to the main building.

      b. The proximity of the winery’s special event area endorsement to other social or recreational facilities and public buildings: The subject property is rural in nature and not in close proximity to other social or public buildings.

      c. The person capacity of the winery lounge: The maximum person capacity for each Special Event Area would be 50 persons.

      d. Traffic, noise, parking and zoning: Special event areas have been strategically placed to be mindful of neighbouring properties. Parking is proposed in existing parking area and along established farm roads onsite. No loss to active farming will take place.

      e. The impact on the community if the application is approved: Minimal impact to the community if Special Event Areas are approved.

      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
  • Moved ByCouncillor Donn
    Seconded ByCouncillor DeHart

    THAT Bylaw No. 11957 be amended at third reading by deleting the Legal Description and the Civic Address that read:

    "Lot 1 Section 26 Township 26 ODYD Plan 10045"

    "Lot 2 Section 26 Township 26 ODYD Plan 10045"

    "Lot 3 Section 26 Township 26 ODYD Plan 10045"

    And replacing it with:

    "Lot A Section 26 Township 26 ODYD Plan EPP96765:

    AND THAT the bylaw title be amended by deleting:

    "145 Sadler Road and 180 & 190 Highway 33 East"

    And replacing it with:

    "145 Sadler Road"

     

     



    Carried
  • Moved ByCouncillor Donn
    Seconded ByCouncillor DeHart

    THAT Bylaw No. 11957, as amended, be adopted.



    Carried

Staff:

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

Patrick Yang, Studio 33 Properties Ltd., Applicant  Remotely

- Architect of the project.

- Responded to questions from Council.

- Do have open space for building residence, roof patio area on top of parkade, large outdoor space for residents. 

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 participating online or in the Gallery indicated they wished to speak.

There were no further comments.

Wooldridge - not impressed with the design. Should have more space for residents to recreate.

Hodge - Opposed

  • Moved ByCouncillor DeHart
    Seconded ByCouncillor Donn

    THAT Rezoning Bylaw No. 11957 be amended at third reading to revise the legal description of the subject properties from Lots 1, 2 & 3, Section 26, Township 26, ODYD, Plan 10045 to Lot A, Section 26, Township 26, ODYD, Plan EPP96765;

    AND THAT final adoption of Rezoning Bylaw No. 11957 be considered by Council;

    AND THAT Council authorizes the issuance of Development Permit No. DP19-0195 for Lot A, Section 26, Township 26 ODYD, Plan EPP96765, located at 145 Sadler 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 the building to be constructed on the land be in accordance with Schedule “B”;
    3. Landscaping to be provided on the land 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 the applicant be required to have a Heritage Monitor to oversee and approve all on-site construction.

    AND THAT Council authorizes the issuance of a Development Variance Permit No. DVP19-0196 for Lot A, Section 26, Township 26, ODYD, Plan EPP96765, located at 145 Sadler Road, Kelowna, BC;

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

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

    To vary the required maximum height from 15.0 m or 4 storeys permitted to 17.7 m and 5 storeys proposed.

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

    To vary the required minimum side yard from 8.71 m permitted to 4.5 m proposed.

    Section 14.4.5(h)(i): C4 – Urban Centre Commercial Development Regulations

    To vary the required minimum setback for a portion of a building above 16.0 m or 4 storeys from 3.0 m permitted to 0.0 m proposed on the east side of the building and 1.0 m proposed on the west side of the building.

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

    To vary the required functional commercial space on the first floor from 75% required to 16.4% proposed.

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

Mayor noted that this application has been withdrawn by the applicant and declared a conflict of interest as he lives 

 conflict for mayor, live in a home next door and departed the meeting at 8:06 p.m.

Deputy Mayor Singh, application withdrawn by the applicant.

M -Wooldridge

S - Hodge

defer this application to a future date.

Carried

Mayor basran returned to hem eeting at 8:09 pm

  • THAT Council authorize the issuance of Development Permit No. DP22-0054 for a portion of Lot A Section 31 Township 26 ODYD Plan EPP98227 located at 630 Boynton Place, 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. DVP22-0056 for a portion of Lot A Section 31 Township 26 ODYD Plan EPP98227 located at 630 Boynton Place, Kelowna, BC;

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

    Section 13.10.6(c): RM4 Transitional Low Density Housing, Development Regulations

    To increase the maximum building height from 13.0 m to 19.1 m

    Section 13.10.7(b): RM4 –Transitional Low Density Housing, Other Regulations

    To increase the maximum permitted length of building frontage from 40.0 m to 90.0 m

    Section 7.5.9: Landscaping and Screening, Fencing and Retaining Walls

    To increase the maximum height of a retaining wall from 1.2 m to 5.2 m

    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 are valid for two (2) years from the date of Council approval, with no opportunity to extend.



  • Moved ByCouncillor Donn
    Seconded ByCouncillor DeHart

    THAT Bylaw No. 12282 be adopted.



    Carried

Staff:

- Displayed a PowerPoint Presentation summarizing the application..

Nick Han, Consultant for this building Applicant Remotely

-  Responded to questions from Council.

- what are doing with 2 blank white walls, this is just white and black rendering, there are different colour stucco of light grey, will be architectually treated, the material will be stucco, will coordinate some natural earth tone and grey tones.

- Big tree is not on our property and the tree route will not be effect from our development.. Will plant alot of landscaping as noted on the landscaping plan.

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

Mark Hanson 680 Wardlaw Street

- The large tree noted by Councillor Hodge has already been cut down by the neighbour and was told he had permits.

- Lived in Kelowna for 25 years.  

- Local business man in the neighbourhood.- do alot of community orented activiites.

- this unit is extremely large, my deck and house is extremlely close to our property.

- does not fit the land or the neighbourhood.  

- am pro development but this will take away my view. 

- will have have 3 balconies and bedrooms will look directly into my yard.

- fence and property dividing, will be a constant day and night of people.  

- row of hedges along walkway, will there be an appropriate fence?

- raised concern with loss of privacy.

- how big this style of tree will get and the impact on my yard being so close.  Branches could be right onto my roof. and deck.

- this should be a little smaller development.

- Responded to questions from Council.

Joy Russell 2598 Richter Street

- front of marks property we adjoin

lives there since 2017

- concenred with the height of proposed application.  

- too much building and all the trees and keep the distance from our properties.

- roof top patios, bedroom and bathrooms facing this side and concernred with lack of privacy.

- screens on rooftop patios do not know how high they will be.

- the four unit dwelling housing would be more aesthetically pleasing in our neighbhourhood and more appropriate..

- This building does not match our neighbourhood at all.

- Spoke to trees and would like to know how big they will be when planted.

- Raised concern with parking and believes it will be an issue on Richter Street. Tandem parking will be an issue.

- Believes dishonest in approach of what was going to be built.

- Responded to questions from Council.

No one participating online indicated they wished to speak.

Online:

Nick Han, Applicant in response to intervenors

- Have bigger setback

- Have a solid wall privacy screen so neighbours do not lose privacy.

- west side of building is for the setback variance.

- rooftop is for amenity space but cannot look down on neighbours. Blank wall with no windows to give neighbours priivacy.. Filmed glass railings on rooftop patio.  providing privacy screening to the neighbours.

- responded to questions from Council.

- Designers of the building the developer would do that part of the work. Developer sent out the letters.

- Combination of solid wall and glass and will film the glass so they don't see through.

Staff:

- Responded to questions from Council.

Questioned parking, there is tandem parking for 3 of the units and on unit has side by side and one unit has outdoor parking.

There were no further comments.

Hodge -Opposed

Wooldridge - Opposed

Donn - Support

Stack - Opposed

DeHart - Opposed

Mayor Basran - Supports

Singh - Opposed

  • Moved ByCouncillor Donn
    Seconded ByCouncillor Stack

    THAT Council authorizes the issuance of Development Permit No. DP21-0098 for Lot 28 District Lot 14 ODYD Plan 3249, located at 2590 Richter 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 to be constructed on the land, be in accordance with Schedule “B”;
    3. Landscaping to be provided on the land 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 landscaping, as determined by a Registered Landscape Architect;

    AND THAT Council authorizes the issuance of Development Variance Permit No. DVP21-0099 for Lot 28 District Lot 14 ODYD Plan 3249, located at 1290 Richter Street, Kelowna, BC;

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

    Section 8.2.2 – Off-Street Parking Regulations – Parking Setbacks:

    To vary the required side yard and rear yard parking setback from 1.5 m required to 0.0 m proposed.

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

    To vary the rear yard setback from 7.5 m required to 5.08 m proposed.

    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.



    Defeated
  • Moved ByCouncillor DeHart
    Seconded ByCouncillor Singh

    THAT Bylaw No. 12337 be read a first, second and third time.



    Carried

Staff:

- Displayed a PowerPoint Presentation summarizing the application.

Donya Epp,  Applicant 

- 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 participating online or in the Gallery indicated they wished to speak.

There were no further comments.

  • Moved ByCouncillor Stack
    Seconded ByCouncillor Singh

    THAT final adoption of Rezoning Bylaw No. 12337 be considered by Council;

    AND THAT Council authorizes the issuance of Development Variance Permit No. DVP22-0037 for Lot A District Lot 358 Osoyoos Division Yale District Plan 18535, located at 766 Nathan Road, Kelowna, BC;

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

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

    To vary the required maximum net floor area of a carriage house from 100 m2 to 180 m2.

    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 Wooldridge

    THAT Bylaw No. 11731 be amended at third reading by deleting the Legal Description and the Civic Address that read:

    Lot 9 and 10 District Lot 138 and Section 30 Township 26 ODYD Plan 3763 and Lot 1 District Lot 138 ODYD Plan 4282"

    And replacing it with:

    "Lot 1 District Lot 138 and Section 30 Township 26 ODYD Plan EPP97719"

    AND THAT the bylaw title be amended by deleting:

    "1028, 1036 and 1044 Coronation Avenue"

    And replacing it with:

    "1036 Coronation Avenue"



    Carried
  • Moved ByCouncillor DeHart
    Seconded ByCouncillor Wooldridge

    THAT Bylaw No. 11731, as amended, be adopted.



    Carried

Staff:

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

Jesse Alexander, New Town Architecture & Engineering Inc., Applicant 

-  no formal presentation, this is a great place for 4 sotrye density 100 mmm of 3 different bus routes, 350 m of active transportation corridors.

also will serve as denisty and height trransition of 6 storey corridors.  

- Will be planting 11 trees, 150 shrubs and many more plantings.

- The sidebacks are providing more buffering to neighbouring homes.

- Responded to questions from Council.

- Spoke to higher quality materials being used and fire quality.  

- Spoke to amenity space meeting the bylaw.

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 participating online or in the Gallery indicated they wished to speak.

There were no further comments.

  • Moved ByCouncillor DeHart
    Seconded ByCouncillor Donn

    THAT Rezoning Bylaw No. 11731 be amended at third reading to revise the legal description of the subject properties from Lot 9 & 10 District Lot 138 and of Section 30 Township 26 ODYD Plan 3763 and Lot 1 District Lot 138 ODYD Plan 4282 to Lot 1 District Lot 138 and Section 30 Township 26 ODYD Plan EPP97719;

    AND THAT final adoption of Rezoning Bylaw No. 11731 be considered by Council;

    AND THAT Council authorizes the issuance of Development Permit No. DP22‐0086 for Lot 1 District Lot 138 and Section 30 Township 26 ODYD Plan EPP97719, located at 1036 Coronation 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. DVP22-0087 for Lot 1 District Lot 138 and Section 30 Township 26 ODYD Plan EPP97719, located at 1036 Coronation Avenue, Kelowna, BC;

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

    Section 13.11.6(b): RM5 – Medium Density Multiple Housing Development Regulations

    To vary the required maximum site coverage of the building from 40% permitted to 55.6% proposed and to vary the required maximum site coverage of buildings, driveways and parking area from 65% permitted to 67.3% proposed;

    AND THAT Council’s consideration of this Development Permit be considered subsequent to the outstanding conditions of approval as set out in Attachment “B” attached to the Report from the Development Planning Department dated July 12, 2022;

    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

Nil.

The meeting was declared terminated at 9:13 pm

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