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 the City of Kelowna - Kinsmen Athletic Park (Softball Quadplex) to include an outdoor patio into the existing liquor primary service area for Lot 1 District Lot 168 and Section 6 Township 26 ODYD Plan KAP80134, located at 900 Lexington Drive, Kelowna, BC for the following reasons:
The request is to include a newly constructed outdoor patio into the liquor service area. There are no changes to the number of patrons or the hours of operation. There should be no new or additional impact to the surrounding area.
2. Council’s comments on LCLB’s prescribed considerations are as follows:
a. The location of the establishment: The Kinsmen Athletic Park – Softball Quadplex is part of the larger Mission Creek Recreation Park which includes the H2O and Capital New Centre. The softball quadplex is located on a separate parcel at the northeast corner of the recreation park site.
b. The proximity of the establishment to other social or recreational facilities and public buildings: The softball quadplex is situated at the northeast corner of the parcel. To the north is the Mission Creek Greenway with agricultural properties to the north and east of the site. Michaelbrook Ranch Golf Course is to the southeast of the site.
c. The person capacity and hours of liquor service of the establishment: The previously approved capacity of 600 patrons will remain unchanged. The hours of operation will remain unchanged.
d. The number and market focus or clientele of liquor-primary license establishments within a reasonable distance of the proposed location: The site is within walking distance of two existing liquor primary locations as follows:
- Boomers Bar and Grill is located within the Capital New Centre on the Mission Creek Recreation Park parcel on the south side of Lexington Drive.
- Michaelbrook Ranch Golf Course is situated to the southeast of the site.
The primary focus of both venues is recreational activity with the liquor primary as a supplemental use.
e. The impact of noise on the community in the immediate vicinity of the establishment: The negative impact the change poses is considered minimal due to the nature of the area as there is no intensification anticipated.
f. The impact on the community if the application is approved: The inclusion of the new patio area into the existing approved liquor service area will not have an impact to the community. The facility has operated for a number of years without incidence.
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.”