Photo: Contributed

Kelowna city council has denied a development permit for a 25-storey rental building on Doyle Avenue.

Kelowna city council has said no to a controversial tower project on the former RCMP property on Doyle Avenue — but the courts could have the final say.

Council voted 7-2 during a public hearing Tuesday to deny Appelt Properties a development permit for a 25-storey rental building, arguing nearly doubling the height allowed for the property was a non-starter.

The denial comes three years after the previous council voted 6-2 to move the project forward.

That vote was eventually rescinded after the city discovered several students who spoke in favour of the project at the original public hearing were paid to attend and speak.

Appelt Properties has since filed two lawsuits against the city pertaining to that decision, one that also names Mayor Tom Dyas as a defendant.

On Tuesday, only Councillors Luke Stack and Rick Webber voted to approve the new application, which ostensibly is the same application. The rest of council voted against, including Councillors Loyal Wooldridge and Maxine DeHart, who supported the project in 2022.

“The re-submission has given me pause and second thoughts,” said Wooldridge in declaring his opposition.

“I am a supporter of density but what I am challenged with is this being public land and increasing in terms of height. There are benefits but I can’t support this tonight knowing we don’t have a rental agreement in the queue and almost 38 per cent of the building are studios (apartments).”

Webber, who voted against towers next to Parkinson Recreation Park the day before saying towers should be downtown, voted in favour for consistency.

“I never thought I would see, in such a high profile location, a rental-only building,” said Webber.

“You would think it would be a highfalutin, snooty, owner-occupied tower that no one could afford.”

Stack argued in favour of the public benefit the project would provide, including the extension of the Art Walk, public space on Smith Avenue that could be used for markets or craft fairs and the cultural hub within the building that would be used for all types of cultural events.

Weighing all the pros and cons, Stack said it was a yes for him.

Councillors Charlie Hodge and Mohini Singh were both consistent in voting no, as they did in 2022, citing additional height.

“It’s a great looking building but with its size, I think it’s better suited for another location.”

Many in the gallery who spoke against the project suggested the property, which is situated within the cultural district, would be better used for the city’s new performing arts centre.

The first lawsuit filed by Appelt Properties asks the court to reverse the city’s decision to rescind the initial development permit. Should it be successful, the project, as it sits, could still go ahead.