Residents of an Upper Mission neighbourhood claim the city is not playing by its own rules regarding a proposed housing project.
A developer wants to build 28 units in a mix of single and semi-detached housing at 949 Hewetson Court, next to Kuiper’s Mountain Park.
However, the Hewetson Residents Association (HRA), representing about 350 residents, has several concerns about the rezoning of the property and its potential development.
Rezoning
The developer wants to rezone the property from large lot housing (RU1) to townhouse housing (MF2).
At its Jan. 9, 2023 meeting, where rezoning was considered, staff told council that the project meets guidelines set out in the Area Structure Plan 3 (ASP), adopted in 2007, which was absorbed in the 2030 and 2040 Official Community Plans (OCP).
HRA spokesperson David Marinucci says the research he and other HRA members have done indicates violations of the 2040 OCP (Chapters 7/19), bylaws (7900) and provincial road design guidelines. He argues that a cul-de-sac, at the end of Hewetson Crt., doesn’t meet city standards and exceeds the number of homes allowed under provincial road guidelines.
He says the maximum number is 25, however, there are 10 existing homes and 28 more to come if the development moves forward.
“The planning department is pushing aggressively for more autonomy and to streamline the process,” Marinucci says. “This works if you follow the rules.”
If not, it leaves residents without a voice, he adds.
Since the development requires no variances, it does not meet public hearing eligibility. However, council voted to hold one on Feb. 14, 2023, given residents concerns.
Marinucci says the HRA has other concerns if the project moves forward.
Blasting
According to Marinucci’s research, the development would require a minimum of 200 explosive blasts. He says some driveways would be within 10 metres and some homes within 17m of the blast radius.
WorkSafeBC Occupational Health and Safety regulations state that in close proximity blasting a potentially occupied structure needs to be 150m (492 ft) from the blast site.
“So here we are considering blasting 10m away from homes. It seems ludicrous to me,” Marinucci says.
At the Jan. 9, 2023 meeting, staff told council blasting is regulated by the province and its (staff) responsibility is to ensure the developer’s blasting licence meets WorkSafeBC regulations.
Marinucci says he was told by the city that the developer would be accountable for any damage resulting from blasting, and it would be up to homeowners to take potential legal action.
He argues the city is hiding behind the developer, pointing to a November 2023 Supreme Court of Canada ruling that found the City of Sudbury liable after hiring a contractor for a development where a pedestrian was killed while entering a worksite.
Marinucci says there are also radon gas and health concerns related to the blasting.
READ MORE: Radon and traffic safety concerns ditch duplex development in Kelowna’s Upper Mission
What Residents Are Asking For
The HRA wants the city to keep the current zoning and allow fewer homes on the site.
“If you built five to seven lots and adhered to Chapters 7 and 19 of the OCP there would be, we estimate, as much as 70 per cent less blasting,” Marinucci says.
Staff have indicated that the applicant can still develop the property under RU1 zoning which could allow up to 34 single-family lots.
At council’s Feb. 12, 2024 meeting Mayor Tom Dyas noted, that under new provincial housing legislation, each lot could have up to four units.
“Calculations put it up to over 100 hundred units. I’m not certain how it would benefit the roadways, density or any of those other items when we’re looking at that potentially happening in that area.”
Council voted against rezoning the property and a few days later, the developer submitted a 34-lot bare land strata application to city hall.
Marinucci says, for his group, the issue still comes down to the city applying its own rules and guidelines.
“If planning (department) isn’t responsible, who is responsible for the health, safety and environment of Kelowna?”
Planning and Development Services Director, Ryan Smith, tells Capital News that internal and consulting engineers are involved and accountable for ensuring the development is safe and compliant with relevant bylaws.
“All of the surrounding housing required extensive blasting, cuts and fills to create the single-family residential homes,” Smith adds.
“The development of this area is proceeding in accordance with the original Area Structure Plan and the roads were adequately sized and designed for the existing and anticipated future development.”
READ MORE: Hewetson Court townhouse development stalls again at Kelowna council