Just a handful of Kelowna heritage properties exempt from new provincial infill legislation

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Marshall Street property exempt from new legislation

The City of Kelowna continues to look for ways to soften the impact new provincial housing legislations will have on areas surrounding the hospital in the heritage conservation area.

In the second of two presentations to council on proposed zoning and official community plan changes to align with new provincial rules, planning staff outlined measures it plans to take to lessen the blow.

Much of the concern continues to centre around the heritage conservation area which, as an area, is not protected from the legislation that would allow for up to four housing units per lot.

In fact, council seemed surprised to learn only a small handful of properties within the conservation area will be exempt.

"Properties that are on the heritage registry are not exempt from this legislation. Properties that are designated by bylaw as a heritage property or part of a heritage revitalization agreement are exempt from this legislation," said long range policy planning manager Robert Miles.

Eight heritage properties exempt

"In both the Abbott and Marshall street heritage conservation areas there are eight properties designated heritage properties and/or have a heritage revitalization agreement," Miles continued.

Miles says one property on Marshall Street and seven in the Abbott Street conservation area fall under that exemption.

As previously reported, city staff are recommending the heritage area fall under suburban rather than an urban distinction, allowing staff to limit the the number of units per lot to four—rather than six if it was classified as urban—while also requiring larger setbacks and higher parking requirements making it more difficult to achieve infill housing.

"Staff are also developing a package of amendments to the official community plan (OCP) that include refreshed guidance in our heritage conservation areas. This package would be delivered after the zoning amendments are adopted and aim to reflect those directions in OCP policy," added Miles.

"This would include a new set of development guidelines for the heritage conservation areas that aligns with the requirements laid out in the new legislation.

That would come forward after zoning and OCP changes are adopted as early as the next council meeting.

Hospital rationale

Council also learned the province's rationale for naming the hospital as one of four designated transit oriented areas, which also forces increased density in the area.

"Staff have engaged with the province to understand why the hospital exchange was chosen as a transit exchange," said planner Adam Cseke.

"The response was that it was on the intersection of two transit routes, the Number 1 and Number 8 with significant volumes of ridership in combination with a high employment destination at KGH."

Areas within 200 metres of a transit area are legislated to allow buildings up to 12 storeys, however, with the proximity to the airport's helipad, the province has agreed to reduce that to six storeys around the hospital.