Reconsidering McCurdy is ‘not straight forward,’ city clerk says

Supportive housing project in Rutland could be brought back to council, but will it?

Audra Boudreau had her work cut out for her on Thursday, as she tallied up petition signatures of Kelowna residents opposed to a supportive housing project slated for McCurdy Road.

She said she believes they will meet their 13,000-signature goal.

The petition organizer, alongside volunteers, have gone door-to-door collecting signatures and even hosted a drive-thru signing at Rutland Secondary School.

READ MORE: Pot shop in Lake Country to open in July

READ MORE: Rutland community rallies against McCurdy house

But will that be enough to convince council to bring the controversial project back to the table?

What city councillors can do and what the implications of their actions are, are two different questions, Kelowna city clerk Stephen Fleming said.

Fleming said a 30-day reconsideration mechanism is outlined in both the community charter and in the council procedure bylaw, meaning the mayor can bring back an item that had previously been approved, including the McCurdy housing project.

In the case of the McCurdy supportive housing project, the rezoning of the land received a third reading in September 2017 and the bylaw was adopted on June 17 this year, before councillors voted “yes” on the form and character of the project and issued a development permit.

The Council Procedure Bylaw says a matter brought forward for reconsideration must be done at the time of, or within one month of a council decision. And under the conditions of the Community Charter, if the original decision was the adoption of a bylaw—such as a land rezoning—and that decision is rejected on reconsideration, the bylaw is deemed to be repealed.

READ MORE: Ex-homeless man says supportive housing too close to schools

READ MORE: Public forum fails to ease Rutland’s frustrations over McCurdy house

“But in this hypothetical case for McCurdy, it’s not as straight forward,” Fleming said. “Could you reconsider this? Yes. But what are the implications of that.”

“It’s not just vote again and get a different answer,” he said.

Implications considered by councillors, Fleming said, could include financial impacts on the applicant or builder and if the project has already been started.

“To un-adopt a bylaw, we’d have to introduce something that says, ‘hey, this is the wrong zone, it should be something else’ and change the future land use map to what it was originally, or some other zone,” Fleming said. “Because it is an adopted bylaw, you can’t just un-adopt it like a resolution.”

Council may also consider what is best for the community as a whole.

Fleming said one side affected by the project “would be pleased,” referring to the community of Rutland, but what would that look like for those who are supporters of the project? “What message does that send?”

“Stuff an elected official must consider; can you do something? Should you do something? The answer is not always the same,” he said.

Council will meet again this Monday.


@caitleerach
Caitlin.clow@kelownacapnews.com

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

 

Comments are closed

Just Posted

Lake Country man facing charges after bear mace incident

The 23-year-old man has since been released from police custody

Car drives into Peachland business

One staff member at the business suffered minor injuries

Peachland Farmers’ Market sees good turnout despite challenging times

Unpredictable weather and pandemic concerns aren’t stopping people from enjoying the market

Kelowna cyclist breaks national ‘everesting’ record

Jacob Rubuliak, 17, rode up and down Knox Mountain 38-and-a-half times, the equivalent elevation of Mount Everest

Milestone RCMP Cops For Kids fundraiser ride going virtual

You can join and help RCMP raise funds for families and possibly win 20th anniversary cycling shirt

Following incident at sea, fishing lodge says it will reopen despite Haida travel ban

QCL reopens July 10, says president; Haida chief councillor describes ‘dangerous’ boating encounter

Vehicle incident stalls traffic on Highway 1 east of Salmon Arm

Drive BC reports road closed, assessment underway

NHL says 35 players have tested positive for COVID-19 since June 8

Positive rate for the league is just under 6%

RCMP investigate bear spray assault outside Penticton pub

Two patrons assaulted with bear spray outside Nanaimo Avenue pub

New Mount Revelstoke National Park campground opening July 15

It’s the first campground built in a mountain national park in over half a century

Okanagan man arrested after reports of assaults on Kal Lake pier

Vernon-North Okanagan RCMP officers successful after takedown on railway trestle

Man charged in Rideau Hall crash had rifle, shotguns, high-capacity magazine: RCMP

Hurren is accused of threatening to cause death or bodily harm to the prime minister

Kamloops RCMP looking into officer’s ‘black face’ social media posts

“Is my skin racist?” comments Const. Rupert Meinke on Instagram post of skin treatment

Most Read