City of Kelowna

Meeting #:
Date:	Tuesday, May 31, 2022
Time:	7:20 P.m. - 7:20 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 Mohini Singh, 
• Councillor Luke Stack, 
• Councillor Loyal Wooldridge, 
• Council Recording Secretary, Arlene McClelland, 
• Doug Gilchrist, 
• and Laura Bentley

Members Absent

• Councillor Brad Sieben

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1.

Call to Order

Mayor Basran called the meeting to order at 9:59 p.m.

2.

Reaffirmation of Oath of Office

The Oath of Office was read by Councillor DeHart.

3.

Confirmation of Minutes

• Moved By Councillor Wooldridge
  Seconded By Councillor Hodge

  THAT the Minutes of the Public Hearing and Regular Meeting of May 10, 2022 be confirmed as circulated.​

  
  
  
  Carried

4.

Liquor License Application Reports

4.1

START TIME 7:20 PM - Dilworth Dr 1865 - LL22-0003 - R 252 Enterprises Ltd., Inc. No. 480003

Councillor DeHart declared a conflict of interest as her employer is across the street from this application and has several liquor licenses on their premises and departed the meeting at 10:01 p.m.

Staff:

- Displayed a PowerPoint Presentation summarizing the application.

Andre Henry,, Applicant 

-  seeking approval from council.

- operate business and a lot of traffic and many from the university.

- would benefit my business greatly.

- Responded to questions from Council.

- provide different type of service this will enhance to our business and customer service.

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.

There were no further comments.

• Moved By Councillor Wooldridge
  Seconded By Councillor Stack

  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 Dre’s Hair Salon and Beauty Supply for a liquor primary license for Strata Lot 3 District Lot 127 ODYD Strata Plan KAS2071 Together with an Interest in the Common Property in Proportion to the Unit Entitlement of the Strata Lot as shown on Form 1, located at 102 – 1865 Dilworth Drive, Kelowna, BC for the following reasons:
     • Liquor licensing regulations allow for barbershops, salons and other establishments to apply for a new liquor primary license;
     • Council Policy No. 359 recommends supporting alternative entertainment options and/or establishments which are less focused on alcohol consumption;
  2. Council’s comments on LCLB’s prescribed considerations are as follows:

     Criteria for new Liquor Primary:

     1. The location of the establishment:

        The proposed location is suitable for a small establishment liquor primary license as the property is within an Urban Centre.

     2. The proximity of the establishment to other social or recreational facilities and public buildings:

        The location is adjacent to major shopping center and a mixture of medium and high density residential.

     3. The person capacity and hours of liquor service of the establishment:

        The hours are consistent with the existing salon hours of operation and other businesses within the commercial plaza with an occupancy of 30 persons.

     4. The number and market focus or clientele of liquor-primary license establishments within a reasonable distance of the proposed location:

        This location is not in close proximity to other liquor primary establishments.

     5. The impact of noise on the community in the immediate vicinity of the establishment:

        The potential impact for noise is minimal and would be compatible with surrounding land uses.

     6. The impact on the community if the application is approved:

        The potential for negative impacts is minimal.

  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

5.

Development Permit and Development Variance Permit Reports

5.1

START TIME - 7:20 PM - Gallagher Road 2980, BL12042 (Z20-0021) - Kirschner Mountain Development Inc

Dehart back at 10:09 pm

• Moved By Councillor Donn
  Seconded By Councillor DeHart

  THAT Bylaw No. 12042 be amended at third reading by deleting from the legal description that read:

  Lot 1, Section 12 and 13, Township 26 and Sections 7 and 18 Township 27 ODYD, Plan KAP71697 Except Plans KAP84278, KAP86315, KAP86363, KAP88598, EPP36504, EPP69212, EPP74058 and EPP84892

  And replacing it with:

  Lot 1, Section 12 and 13, Township 26 and Sections 7 and 18 Township 27 ODYD, Plan KAP71697 Except Plans KAP84278, KAP86315, KAP86363, KAP88598, EPP36504, EPP69212, EPP74058 and EPP84892, EPP101217 and EPP107886.

  
  
  
  Carried
• THAT Bylaw No. 12042, as amended, be adopted.

  
  
  
  Carried

5.2

START TIME 7:20 PM - Gallagher Road 2980 - DP20-0083_DVP20-0084 Kirschner Mountain Development Inc

Staff:

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

Dave Cullen CTQ consultants St Paul Street, Applicant  representing the owner

-  owner currently lives in Kelowna

- interesting aspects of this its changing the density of the neirghbourhood creates a transitions to the start ofthe multi family.  

- believes this creates a good buffer between the multi family

Displayed a video of the area.

- rendersings in staff are more accurate to what is being proposed.

- retaining wall is on the west side of Loseth rd, provides a pedesrian path from loseth to greenspace and trail network on kirschner mountain.

- Open green space at back of townhouse site on norht site of Loseth provides connection to trails.

- main elements of variance is the to the setback from the Loseth rd right of way,  bringing townhomes closerto the road and in doing  that try t o minize amount to cut and adjust backside of townhouse to reduce impact on greenspace behind - reduces impact on lands of greenspace but also helps encourage slower speeds.  

- rock cut is a road going into a single family neighbourhood at the top.

- displayed access road that is part of the strata that will service the townhomes

- the height variance is t ype of th we are putting in.  garage will be in the middle of the three levels.  due to three storye  they are narrowwer but very large.  

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 indicated they wished to speak.

Gallery:

Brenda Bradley 1250 Verta Vista

walkways and greenspace will increase the traffic and along my propertyline.

 when will we be getting our buffer.that has been promised.

Brett Schafer- 2440 Loseth Rd

owned property for just one year.

provided background 

overly dense development near luxury development.

will create a tunnel effect and asking for additional height.

raided concerned traffic will be hugely impacted negatively.

Applicant

- responded to intervenors comments.

buffer has not been created.  as land adjacent to her property his for agricultural use.  

- amount of density is less than what the ocp and rezoning allowed for.  density was reduced to better fit the TH into the site and less intrusion in the greenspace

the road is narrow, staff discussions with staff to date - there will be no parking on this street. fronting the Townhomes.  

Single access, will provide an emergency access off of paved portion of loseth road to gallagher road and will be a gated coneection. will provide for emergency services and will allow a full loop from hwy 33.

- Responded to questions from Council.

Staff:

- Responded to questions from Council

There were no further comments.

• Moved By Councillor Given
  Seconded By Councillor DeHart

  THAT Rezoning Bylaw No.12042 be amended at third reading to revise the legal description of the subject property from Lot 1, Sections 12 and 13, Township 26 and Sections 7 and 18 Township 27, ODYD, Plan KAP71697, Except Plans KAP84278, KAP86315, KAP86363, KAP88598, EPP36504, EPP69212, EPP74058 and EPP84892 to Lot 1, Sections 12 and 13, Township 26 and Sections 7 and 18 Township 27, ODYD, Plan KAP71697, Except Plans KAP84278, KAP86315, KAP86363, KAP88598, EPP36504, EPP69212, EPP74058, EPP84892, EPP101217 and EPP107886;

  AND THAT final adoption of Rezoning Bylaw No.12042 be considered by Council;

  AND THAT Council authorize the issuance of Development Permit No. DP20-0083 for a portion of Lot 1, Sections 12 and 13, Township 26 and Sections 7 and 18 Township 27, ODYD, Plan KAP71697, Except Plans KAP84278, KAP86315, KAP86363, KAP88598, EPP36504, EPP69212, EPP74058, EPP84892, EPP101217 and EPP107886 located at 2980 Gallagher 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 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. DVP20-0084 for a portion of Lot 1, Section 12 and 13, Township 26 and Sections 7 and 18 Township 27, ODYD, Plan KAP71697, Except Plans KAP84278, KAP86315, KAP86363, KAP88598, EPP36504, EPP69212, EPP74058, EPP84892 EPP101217 and EPP107886 located at 2980 Gallagher Road, Kelowna, BC;

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

  Section 13.16.8(a): RH3 – Hillside Cluster Housing Development Regulations

  To vary the maximum height of the principal building from 9.5 m to 10.5 m; and

  Section 13.16.7(b)(iii): RH3 – Hillside Cluster Housing Development Regulations

  To vary the minimum setback from the rear property line from 4.5 m to 3.0m.

  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.

  
  
  
  Carried

5.3

START TIME 8:00 PM - Rutland Rd 155 -179 - BL12325 (TA21-0017) - ASI CENTRAL GP INC., INC.NO. A0117887

• Moved By Councillor DeHart
  Seconded By Councillor Donn

  THAT Bylaw No. 12325 be amended at third reading by deleting the Legal Description and the Civic Address that read:

  	Legal Description	Civic Address
  1.	Lot 2 Section 26 Township 26 ODYD Plan 11269 Except Plan 37956, The North ½ of Lot 2 Section 26 Township 26 ODYD Plan 2478 Except Plans B7413 and 37956, That Part of the North ½ of Lot 2 Shown on Plan B7413; Section 26 Township 26 ODYD Plan 2478 Except Plan 37956 and Lot 1 Section 26 Township 26 ODYD Plan 2773 Except: (1) Part Outlined Red on Plan B5413 (2) Plan 8824 (3) Plan 37956.	155 Rutland Rd N 165 Rutland Rd N 175-179 Rutland Rd N 179 Rutland Rd N

   

  And replacing it with:

   

  	Legal Description	Civic Address
  1.	Lot A Section 26 Township 26 ODYD Plan EPP117920	155-179 Rutland Rd N

   

  
  
  
  Carried
• Moved By Councillor DeHart
  Seconded By Councillor Donn

  THAT Bylaw No. 12325, as amended, be adopted.

  
  
  
  Carried

5.4

START TIME 8:00 PM - Rutland Rd N 155-179, DP21-0223 DVP21-0224 - ASI Central GP Inc, Inc No A0117887

Staff:

- Displayed a PowerPoint Presentation summarizing the application.

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

There were no further comments.

Donn

Dehart

 motion going paste 11 pm

Carried after 5.4

• Moved By Councillor Wooldridge
  Seconded By Councillor Hodge

  THAT Zoning Bylaw Text Amending Bylaw No. 12325 be amended at third reading to revise the legal description of the subject property from Lot 2 Section 26 Township 26 ODYD Plan 11269 Except Plan 37956, The North ½ of Lot 2 Section 26 Township 26 ODYD Plan 2478 Except Plans B7413 and 37956, That Part of the North ½ of Lot 2 Shown on Plan B7413; Section 26 Township 26 ODYD Plan 2478 Except Plan 37956 and Lot 1 Section 26 Township 26 ODYD Plan 2773 Except: (1) Part Outlined Red on Plan B5413 (2) Plan 8824 (3) Plan 37956 to Lot A Section 26 Township 26 Osoyoos Division Yale District Plan EPP117920;

  AND THAT final adoption of Zoning Bylaw Text Amending Bylaw No. 12325 be considered by Council;

  AND THAT Council authorizes the issuance of Development Permit No. DP21-0223 for Lot A Section 26 Township 26 Osoyoos Division Yale District Plan EPP117920, located at 155-179 Rutland Rd N, 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. DVP21-0224 for Lot A Section 26 Township 26 Osoyoos Division Yale District Plan EPP117920, located at 155-179 Rutland Rd N, Kelowna, BC;

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

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

  To vary the requirement for any portion of a building above 16.0 m or 4 storeys (whichever is lesser) in height to be setback a minimum of 3.0 m from all sides (required) to 0.2 m on the north side and to 0.09 m on the south side (proposed).

  AND THAT Council’s consideration of this Development Permit and Development Variance 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 May 31, 2022;

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

5.5

START TIME 8:00 PM - Findlay Rd 1225 - BL12323 (Z21-0088) - Findlay Development Inc., Inc.No. BC1302254

• Moved By Councillor Donn
  Seconded By Councillor DeHart

  THAT Bylaw No. 12323 be adopted.

  
  
  
  Carried

5.6

START TIME 8:00 PM - Findlay Rd 1225 - DP21-0207 DVP21-0208 - Findlay Development Inc, Inc No BC1302254

Staff:

- Displayed a PowerPoint Presentation summarizing the applicatio

Matt Johnston Lime architecture richter street, Applicant 

-  collaborative project, gave credit to the planning department.  

- process of examing the site

Ryan D CEO of Millenium

- highlight some data for location and housing type chosen.

- detailed analysis is done to understand the market, townhomes was most demanded type in kelowna. the rutland area stood out.

- more affordable area of the city.  needed th in rutland for families.

form and character standpoint thoughtful design, modern interiors.

family focused housing in the area that most needs it

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 By Councillor Donn
  Seconded By Councillor DeHart

  THAT final adoption of Rezoning Bylaw No. 12323 be considered by Council;

  AND THAT Council authorizes the issuance of Development Permit No. DP21-0207 for Lot A Section 35 Township 26 Osoyoos Division Yale District Plan EPP115452, located at 1225 Findlay 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 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. DVP21-0208 for Lot A Section 35 Township 26 Osoyoos Division Yale District Plan EPP115452, located at 1225 Findlay Road, Kelowna, BC;

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

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

  To vary the required maximum building site coverage from 40 % permitted to 42 % proposed

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

  To vary the required minimum rear yard from 7.5 m permitted to 6.0 m 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 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

5.7

START TIME 8:00 PM - Enterprise Way 2002 - DVP22-0050 - Telus Communications Inc., Inc. No. BC1101218

Councillor DeHart declared a conflict of interest as her husband works for Telus and sells Telus products and departed the meeting at 11:15 p.m.

Staff:

- Displayed a PowerPoint Presentation summarizing the application and providing rationale for non support 

Jeff Cruickshank and Rommel Palanca, Applicant 

-  Displayed a PP

- Spoke to Telus social purpose

- Spoke to who is telus in kelowna, 300 people who support local organizations and care about the city we live in and the community.

- Seeking approval for DVP to palce a digital display as an electtric message cenetre.

0 Spoke to the plan of intent and proposed future state, replace the previujosly static signage with single digital dispaly,  3m and 8.5 meters talls.

Spoke to digital art plan of intent. 50 percent local and public art, community messaging and alerts and social impact campaings, will not place a revenue billboard.  

Local digital art partnermships with Okangagan campus kelowna art gallery and vernon art gallery, will be displayed on  rotation.  artists will be compensated.  

Displayed digital art provided by the UBC Okanagan.  sample digital art provided by Venon.

Displayed photos os current telus outdoor art displayes in calgary adn vancouver..

Spoke to light pollution and will reduce brightness levels will utlize existing power

- this differs from the bylaws for advertising and marketing.  

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

There were no further comments.

Hodge - Opposed

• Moved By Councillor Given
  Seconded By Councillor Donn

  THAT Council NOT authorize the issuance of a Development Variance Permit No. DVP22-0050 for Lot B, District Lot 140, ODYD, Plan KAP76401, located at 2002 Enterprise Way, Kelowna, BC.

  
  
  
  Carried
• ALTERNATE

  THAT Council authorizes the issuance of Development Variance Permit No. DVP22-0050 for Lot B, District Lot 140, ODYD, Plan KAP76401, located at 2002 Enterprise Way, Kelowna, BC;

  AND THAT variances to the following section of Sign Bylaw No. 11530 be granted in accordance with Schedule “A”:

  Section 4.3.2(e): Electronic Message Centre Regulations

  To vary the maximum area of an Electronic Message Centre Sign from 2.0 m² permitted to 33.82 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.

  
  
  
  

5.7.1

Correspondence - Enterprise Way 2002 - DVP22-0050 - Telus Communications Inc., Inc. No. BC1101218

6.

Reminders

NIl.

7.

Termination

The meeting was declared terminated at 1139