West Kelowna development with ongoing neighbour-developer dispute moved forward

A rezoning application that has been denied by West Kelowna City Council in the past was back on the table Tuesday evening.

Despite some councillors saying they didn’t believe the project would ever be completed, a proposal for a townhouse development on Lower Glenrosa Road was forwarded to a public hearing.

Council voted 4-3 to give first and second readings to the Official Community Plan (OCP) and Zoning Bylaw amendments that, if adopted, could permit a townhouse development at 2734 and 2736 Lower Glenrosa Road.

The applicant wants to rezoning the 2734 lot from rural residential small parcel and lot 2736 from Institutional Assembly to Low Density Multiple Residential and Parks and Open Space.

As for the OCP amendments, the applicant wants to change 2734 from Resource Land and 2736 from Low Density Residential and Natural Areas and Public Parks to Medium Density Residential and Natural Areas and Public Parks on both properties.

The application was denied in 2022 due to concerns about a secondary emergency access, steep slope protection issues and stormwater management concerns, said Brent Magnan, the city's director of development approvals.

The developer’s application was also denied about six months ago.

“The proposed amendments closely mirror the developer's previous proposal under file Z 17-18, with the primary change being the elimination of an emergency egress road through the northern portion of the site,” says the staff report that was presented to council on Tuesday.

“This change has allowed for the addition of units, increasing the proposed townhouse count from 44 to 47.”

According to the staff report, the emergency egress has been removed due to plans between the city and School District 23 to build a second egress across the Webber Road community Centre land.

Another issue remains with stormwater management. According to the application, an existing stormwater conveyance was installed without permits or approvals and runs through the southern portion of the site, including the neighbouring property at 2738 Lower Glenrosa Rd.

The applicant proposed a plan to remediate the existing system, which would require a statutory right-of-way and will be required as a condition of the zoning bylaw adoption.

Magnan told council that there has been flooding in that area in the past and “unauthorized” culverting in the area.

He told council that staff need to see the problem fixed and the pipe system replaced before the proposal could move forward.

“It should be noted that this will be a challenging condition for the applicant to resolve as it requires cooperation with a neighbouring property owner,” says the staff report.

Several councillors were very firm in their opposition while others were unsure of how to move forward.

Coun. Rick de Jong, who was opposed to the original proposal, said the fact the developer was bringing back “the exact same proposal” didn’t capture his vote. He was also against the amendments to the OCP.

“Are we going to stand with our OCP or are we going to start making amendments within the first year before the ink is even really, truly dry,” he said, adding that he will not support this.

Coun. Garrett Millsap said he also stood with the OCP, which was just finished within the last six months. He also said he would have liked to see a different, more creative application.

“I said it last time, a square peg in a round hole. We got a square peg in a round hole again,” coun. Millsap said.

“I’ve heard from the property owner at 2738 and he doesn't’ want people on his property and that’s his right to not have people on his property, he’s been there for well over three decades, before we were a city and I think that statutory right-of-way is just not going to happen.”

Coun. Carol Zanon said until she saw an agreement brought forward, she didn't want to tramp on the neighbours rights.

Mayor Gord Milsom said he would continue to support the proposal, saying that amendments to the OCP are bound to happen, especially with the recently introduced housing legislation that encourages more housing.

“There’s a lot of work that's being asked to be done, a lot of improvements both on-site and off-site,” he said.

“So, I’m in support. I believe that we do need additional housing in our community and here’s an opportunity to do that.”

Ultimately, the project was moved to a public hearing with the 4-3 vote with councillors de Jong, Millsap and Carol Zanon opposed.